COLLECTIVE AGREEMENT
BETWEEN
Revera Retirement LP By its general partner Revera Retirement Genpar Inc.,
Operating as: The Edinburgh Retirement Residence
(Hereinafter referred to as the "Employer")
AND
UNIT# 546
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA
(Hereinafter referred to as the "Union")
EFFECTIVE: JANUARY 1, 2018
EXPIRY: DECEMBER 31, 2022
TABLE OF CONTENTS
ARTICLE 1 -PREAMBLE oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo3
ARTICLE 2- RECOGNITION ...... oooooooooooooooooooooooooooooOooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo3
ARTICLE 3- DEFINITIONS oooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo3
ARTICLE 4- COMPENSATION 00 00 000 000 000 0000 000 000 00 00000000 00 0 00000 00000 0000 000 00000 00 000 0000 000 00 00000000 0000 000 000 000 00 005
ARTICLE 5- UNION SECURITY oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo5
ARTICLE 6- MANAGEMENT RIGHTSooooooooooooooooooooooooooooooooooooo .. oooooooooooooooooooooooooooooooooooooooooooooooo6
ARTICLE 7- ASSISTANCE, ACCESS, RECORDS ................................................................... o6
ARTICLE 8 - UNION STEWARDS AND COMMITTEES ............................................................ 0 7
ARTICLE 9- GRIEVANCE PROCEDURE ................................................................................. 9
ARTICLE 10- POLICY GRIEVANCE AND GROUP GRIEVANCE ........................................... 11
ARTICLE 11 -MEDIATION AND ARBITRATION .................................................................... 012
ARTICLE 12- PROBATIONooooooooooooooooooooo••o•ooooooooooo···o•oooooooooo•o••·oooo•········o·oo·o•o•ooooo······ .. o••oooooooo13
ARTICLE 13- SENIORITYo ...... o ................ oo·········oo•o·······o············ooooo•o••o••o··········o··o••o···o·o·······o14
ARTICLE 14- JOB POSTING ... o.oo··········o••oo•·········o····o··o············ooooo•o·•o•o•ooooo·····o••o•oo•o•o·········oo.15
ARTICLE 15- HOURS OF WORK & WORK SCHEDULE .......... o .. o .... o ............................... o .. o .. 11
ARTICLE 16- PREMIUM PAY.o.oo•o••o••o••o••ooooooooooo•o···ooooooooooooo•··o······· .. ··o••o•o·······o•ooooooooo·········oo21
ARTICLE 17- LEAVES OF ABSENCEo ...... o .. o ..... o ......... o ..................... o .............. o ........... o .. ooooooo21
ARTICLE 18- LAYOFFS AND RECALL ........... o .............................................. o ........................ 26
ARTICLE 19- BULLETIN BOARDS/ MEETING SPACE ................................ o .............. o ........... 28
ARTICLE 20 - GENERAL CONDITIONS ............ o ...... o ............................................. 0 ................ 29
ARTICLE 21 - HEALTH AND WELFARE o ..................... o .... o ................................................... o .. 34
ARTICLE 22- VACATIONS .......... o ........ o.•oo .. o.ooooo ...... o.oooooooooo ........... o.oooo••o········oooo•··· .. ······•ooooo38
ARTICLE 23- HOLIDAYS ............................ o ...................... o ................ o .......................... o .. o ...... 41
ARTICLE 24- SICK LEAVEoooooo•o••o····oo•••ooooo···········oo .................... o.o ... o .... o.oooooo••o•·o··•oo••oo·· ........ 42
ARTICLE 25- CONTRACTING OUT oooo .............. o .......................... o ......................................... 42
1
ARTICLE 26- UNIFORM ALLOWANCE ................................................................................... 43
ARTICLE 27 - NO STRIKES OR LOCKOUTS .......................................................................... 43
ARTICLE 28- DURATION AND TERMINATION ...................................................................... 43
ARTICLE 29- PRINTING ......................................................................................................... 44
ARTICLE 30- RETROACTIVE PAYMENTS ............................................................................ 44
ARTICLE 31 -INVALIDITY ...................................................................................................... 44
ARTICLE 32- NEW CLASSIFICATION ................................................................................... 44
ARTICLE 33 - COMPENSATION ............................................................................................. 45
SCHEDULE "A"- WAGES ....................................................................................................... 46
LETTER OF UNDERSTANDING .............................................................................................. 47
2
ARTICLE 1 - PREAMBLE
1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and the employees concerned and to provide a mechanism for the prompt and equitable disposition of grievances, and to establish and maintain mutually satisfactory working conditions, hours of work and wages for all employees within the bargaining unit.
ARTICLE 2 - RECOGNITION
2.01 The Employer agrees to recognize the Service Employees International Union, Local 1 Canada as the sole bargaining agent for all employees at HCN-Revera Lessee {The Edinburgh) LP by its General Partner HCN-Revera Lessee {The Edinburgh) GP Inc., operating as The Edinburgh Retirement Residence, in the city of Ottawa, Ontario, save and except, supervisors, persons above the rank of supervisor and registered nurses.
2.02 No Competition
{a) An Employee may not enter into a financial arrangement with a resident and/or their responsible party {pertaining to the resident) to provide services with whom the Employer has a contractual relationship.
{b) The Employer undertakes that it will not enter into any other agreement or contract with those Employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Agreement.
2.03 Where the feminine pronoun is used in this agreement, it shall mean and include the masculine pronoun where the context so applies.
2.04 Where the singular is used, it may also be deemed to mean the plural, within the appropriate context.
ARTICLE 3 - DEFINITIONS
3.01 Definitions
{a) The term "full-time employee" shall mean a person who is regularly scheduled {and not as a result of a temporary posting) at least sixty {60) hours in a two {2) week pay period for the Employer, and whose name appears on the full-time seniority list.
3
(b) The term "part-time employee" shall mean a person who is regularly scheduled (and not as a result of a temporary posting) less than sixty (60) hours in a two (2) week pay period.
(c) An "unscheduled part time employee" is a part time employee without regularly scheduled hours and is called to work on a call-in basis. An unscheduled part time employee who is not available for three (3) consecutive months, and has not been granted a leave of absence, may be sent a notice of the Employer's intent to accept their resignation giving the employee two (2) weeks to respond from date of receipt of notice.
(d) Call-in work shall not be included in determining the number of hours regularly scheduled in 3.01 (a) and (b), above.
(e) It is understood that there is no guarantee of hours in any classification.
Clarity Note: The aforementioned hours shall include all hours that the Employee would have worked and shall be credited as per legislative requirements or as otherwise agreed to in this collective bargaining agreement.
3.02 The word "employee" or "employees" as used in the Agreement shall mean the employees referred to in Article 2 of this Agreement which employees are within the bargaining unit and for whom the Union is recognized as the bargaining agent. The provisions of this Agreement shall be read with all generically, grammatical, singular and plural changes as required by the circumstances.
3.03 Wherever the word "Executive Director" is used in this Agreement, it shall be considered as meaning the Executive Director/designate.
3.04 The terms "regular pay" and "straight pay" when used in this Agreement, shall mean the amounts indicated in the wage classification contained in Schedule "A".
3.05 The shift commencing at or about midnight shall be considered the first shift of each working day. A shift shall be deemed to be entirely within the calendar day in which the majority of hours worked falls, regardless of what calendar day any part of such shift was actually worked.
3.06 Where the hours of work are averaged over a two (2) week period that two (2) week period will be the same two (2) weeks as the pay period.
3.07 Except where otherwise specified in this Agreement, the reference to a number of days within which any matter shall be dealt with is to be in terms of calendar days.
3.08 In determining the time within which any action is to be taken or completed under the terms of this Agreement, working days shall be exclusive of Saturdays,
4
Sundays and paid holidays. Calendar days shall have no exclusion of days.
3.09 Wherever the term Union Representative is used in this Agreement it shall mean any employee working for and/or on the active payroll with the Union. ~~union representative" shall mean and include Business Agent, International Representative, etc.
ARTICLE 4- COMPENSATION
4.01 Attached hereto and forming part of this Agreement is Schedule UA" relating to job classifications and hourly rates of pay.
ARTICLE 5 • UNION SECURITY
5.01 (a) All Employees who are in the employ of the Employer at the signing date of this Agreement and all new Employees who enter the employ of the Employer after the Agreement has been signed, shall as a condition of employment, shall sign a union membership card and be subject to a onetime union dues administrative fee for newly hired employees and regular monthly dues to be deducted from their wages and remitted to the Union. It is understood that dues shall be deducted from all employees beginning in their first month of hire.
(b) The employer agrees to forward a list of dues' deductions in an electronic format designed by the Union showing the names, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made.
(c) Deductions shall be made from each pay and paid by direct deposit to the Union on or before the fifteenth (15th) day of the following month in which the deductions were made.
(d) The Employer shall include the amount of Union Dues deducted on the T4 slips.
5.02 The Union and its members shall hold the Employer harmless and indemnified from any liability which arises out of any deductions and remittances.
5.03 No Intimidation
Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any Employee
5
because of membership in the Union.
5.04 Work of the Bargaining Unit
Persons excluded from the bargaining unit shall not perform duties performed by Employees in the bargaining unit except in cases of instruction, emergency, to assist the general workforce, or to assist (after the call-in procedure has been exhausted) to get the job done in a safe or efficient manner, or in situations where persons outside the bargaining unit have normally performed such work in the past.
5.05 Introduction to Union Steward
It is mutually agreed that arrangements will be made for a Union Steward to meet with each new Employee once during the first thirty (30) days of employment for the purpose of informing such Employee of the existence of the Union in the Residence, The Employer shall advise the Chief Steward monthly as to the names of the Employees listed for interview and the time and place on the premises of the Employer designated for each such meeting, the duration of which shall not exceed fifteen (15) minutes.
5.06 Employment of Disabled Workers
The Union and the Employer acknowledge their obligations to accommodate certain individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged.
ARTICLE 6 - MANAGEMENT RIGHTS
Recognition of Management Rights
6.01 The union acknowledges that all management rights and prerogatives are vested exclusively with the employer and shall remain solely with the employer unless modified by the express terms of this agreement.
6.02 It is agreed and understood that these rights shall not be exercised in a manner inconsistent with the terms of this Agreement.
ARTICLE 7- ASSISTANCE, ACCESS, RECORDS
7.01 Assistance of the Union
The Employer acknowledges the right of the Union, the stewards and/or the chief steward to assist employees with the resolution of complaints, in disciplinary
6
meetings, and in dealing with or presenting grievances to the Employer or its representative.
7.02 Access to Personnel File
An Employee may request, in writing, an opportunity to view her personnel file in the presence of her Supervisor or delegated representative. The request shall be made at least five (5) days in advance of the review. The information the employee may review will be her application form, any written evaluation or formal disciplinary notations or incident reports in the file. The employee will have to initial and date on the reverse side of all documentation they have seen.
7.03 Disciplinary Notations Letters of Reprimand
Letters of Reprimand shall be removed from an Employee's personnel file eighteen (18) months following the date of discipline, provided the employee is free from any further discipline during that period of time.
Suspension
Records of suspension shall be removed from an Employee's personnel file twenty-four (24) months following the date of discipline, provided the employee is free from any further discipline during that period of time.
7.04 The Union agrees to cooperate with the Employer to promote an abuse free environment for all residents.
ARTICLE 8 - UNION STEWARDS AND COMMITTEES
8.01 It is mutually agreed that the Union has the right to elect or otherwise select a Negotiating committee consisting of two (2) representatives. All members of the committee shall be Employees of the Employer who have completed their probationary period. The members of the committee will be paid by the Employer for time spent during normally scheduled working hours in negotiations of this Agreement or its successor up to and including conciliation in the event this becomes necessary.
8.02 The Employer will recognize a Union Administrative Committee which shall consist of two (2) Stewards and two (2) alternate stewards selected by the Union one of whom shall be the Chief Steward. 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 Employees of the Employer who have completed their probationary period. The Employer agrees to provide a copy of any new policies or procedures to the Chief Steward and through the Labour Management Committee.
7
8.03 The Employer shall pay Union Stewards and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but excluding the arbitration stage; negotiation of the collective agreement renewals thereof, up to and including conciliation. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.
The Union acknowledges that the Stewards and Chief Steward have regular duties to perform on behalf of the Employer and that such persons will not leave their regular duties without notifying their immediate supervisor. Each steward or chief steward may be permitted by his supervisor during working hours to leave his or her post to assist in the presentation of a grievance, the processing of complaints and/or grievances. Subject to operational requirements, such consent shall not be unreasonably withheld by the supervisor.
8.04 Labour-Management Committee Meeting
Where there are matters of mutual concern and interest that would be beneficial if discussed at a Labour Management Committee meeting during the term of this Agreement, the following shall apply:
An equal number of representatives of each party as mutually agreed shall meet at a time and place mutually satisfactory. A request for such meeting will be made in writing at least one ( 1) week prior to the date proposed and accompanied by an agenda of matters proposed to be discussed. These matters shall not include issues that are properly the subject of grievance or issues that are properly the subject of negotiations for the amendment or renewal of this Agreement. Suitable subjects for discussion will include orientation, aggressive residents, workload issues and any and all other issues that the parties deem appropriate. Such meetings shall be scheduled during the regular working hours of committee members.
All Union Committee members attending such meetings shall be paid their regular hourly rates of pay, for all time spent at such meetings.
A Union staff member and/ or a representative from Corporate Head Office may attend.
The parties will endeavor to meet at least quarterly unless otherwise agreed.
8.05 Union Business
No employee shall conduct Union business during working hours other than as specifically permitted by this Agreement or with permission of the Management of the Employer.
8
8.06 Changes to Stewards and Supervisors
The Employer agrees to advise the Union, in writing, with a list of Supervisors, the Executive Director, and to advise the Union promptly of any changes in the same; the Union agrees to advise the Employer in writing with a list of the Stewards, Chief Steward and Union Representative of the local of the Union and to advise the Employer promptly of any change in the same.
ARTICLE 9- GRIEVANCE PROCEDURE
9.01 Complaints and Grievances
(a) A grievance shall be defined as any difference or dispute between the Employer and the Union, or a Violation of Statute or Regulation relating to the interpretation, application or administration of this Agreement.
(b) All complaints and grievances shall be taken up in the following manner:
Early Resolution
An Employee having a question or complaint shall refer it to his immediate supervisor within eight {8) working days of having knowledge of the actual occurrence leading to the question or complaint. At this stage, the Employee may be accompanied by a Union Steward, if he so desires. The Supervisor shall reply to the Employee verbally giving the answer to the complaint or question within five (5) working days from date of submission.
Step 1
If further action is then to be taken, then within five (5) working days after the decision is given in Step 1 , the employee, who may request the assistance of his or her steward, shall submit the grievance in writing to the Executive Director/designate. A meeting will then be held between the Executive Director/designate and the employee. It is understood that at such a meeting the Executive Director/designate may have such counsel and assistance as he may desire, and that the employee may have his steward and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer.
The decision of the Executive Director/designate representative shall be given in writing within five (5) working days following the meeting.
9
Step2
Should the Executive Director/designate fail to render his decision as required in Step 1, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within twenty (20) working days after the decision under Step 1 is given or within twenty-five (25) working days following the meeting under Step 1 of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance.
9.02 Any of the time allowances above may be extended by mutual agreement of the parties.
9.03 An Employee subject to disciplinary action shall have the assistance of a Union Steward at all interviews and meetings related to the said disciplinary action.
9.04 Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time 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.
9.05 Discharge Grievance
(a) In the event that an Employee is discharged from employment, and the Employee feels that an injustice has been done, the case may be taken up as a grievance.
All such grievances shall be submitted in writing within four ( 4) working days after the employee is notified of his discharge or within four (4) working days after the employee ceases to work for the Employer, whichever is the earlier. The Step 2 meeting will be held within seven (7) working days (or such longer period as may be mutually agreed upon) of the date of the employee is notified of his discharge, except where a case is taken to Arbitration. All steps of the grievance procedure prior to Step 2 may be omitted in such cases.
Such special grievances may be settled by confirming the Employer's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Arbitrator, as the case may be.
10
The parties acknowledge that the probationary period affords the employer an opportunity to assess the employee and that a lesser standard will apply to the release of an employee during the probationary period than which applies to the discharge of an employee who has attained seniority.
(b) All such cases shall be grieved within five (5) calendar days (or such longer period as rnay be mutually agreed upon) of the date the Employee is notified in writing of his discharge.
(c) Such grievances may be settled by confirming the Employer's action in dismissing the Employee, or by re-instating the Employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties, the Board of Arbitration, or a single arbitrator as the case may be.
9.06 All discipline, will be given in writing, and will be placed in employee's file, the employee and the Chief Steward will be given a copy of the discipline.
9.07 When a grievance is submitted in writing by the Union, it shall contain a written statement which shall clearly set forth the nature of the grievance, the parties involved, the remedies sought and the specified provisions of the collective agreement that are alleged to have been violated, if applicable.
9.08 No matter may be submitted to arbitration which has not been properly carried through all steps of the grievance procedure.
9.09 No employee or Steward shall leave his/her work for any of the purposes mentioned in this Agreement without notice to, and permission from, his/her supervisor, manager, or the Executive Director, as the case may be. Such permission will not be unreasonably withheld having regard to the Employer's operation.
ARTICLE 10- POLICY GRIEVANCE AND GROUP GRIEVANCE
10.01 The Union may institute a grievance, consisting of an allegation of a general misinterpretation or a violation by the Employer of this Agreement, in writing at Step No. 2 of the grievance procedure, providing that it is presented within five (5) working days after the circumstances giving rise to the grievance having originated or had knowledge of the occurrence. However, it is expressly understood that the provisions of this clause may not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate and the regular grievance procedure shall not be thereby by-passed.
11
10.02 The Employer shall have the same rights of grievance as the Union, and in this regard the following procedure shall apply.
In the event the employer has a grievance, the Executive Director or his/her designate shall file said grievance in writing with the Union, who shall then confer with the Executive Director or his/her designate within seven (7) days of the receipt of such grievance.
In the event that the Union does not provide redress satisfactory to the Employer, the Executive Director or his/her designate may process the grievance to mediation/arbitration and the provisions of Article 9.06 (Step 2) shall apply in this regard with any necessary changes.
It is understood and agreed by the parties that with respect to any grievance referred to arbitration by the Employer, the provisions of Article 11 shall apply with the necessary changes.
10.03 Where it appears that two (2) or more employees have the same grievance, the Union shall process the grievances simultaneously and consecutively on all levels of the grievance procedure, subject to all applicable provisions under the grievance procedure, and the grievers will be listed on the grievance form.
ARTICLE 11- MEDIATION AND ARBITRATION
11.01 (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within twenty (20) working days after the written 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.
(b) Grievance Mediation will commence at a time mutually agreed.
(c) No matter may be submitted to Grievance Mediation, which has not been properly carried through the grievances procedure, provided that the parties may extended the time limits fixed in the grievance procedure.
(d) The parties shall agree on a Mediator.
(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of proceeding shall be made and legal counsel shall not be used by either party.
(f) The Mediator will have the authority to meet separately with each party.
(g) If no settlement is reached following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions in
12
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 without the permission of both the Union and the Employer. Nothing said or done by the Mediator may be referred to Arbitration notwithstanding the exception indicated above.
(h) The Union and Employer will share the cost of the Mediator, if any.
Arbitration
11.02 When either party requests that a grievance be submitted to Arbitration, the request shall be in writing, addressed to the other party to the grievance.
11.03 Each of the parties shall pay its own expenses including pay for witnesses and their nominee (if so relevant) and one half of the expenses and fees of the Arbitrator.
11.04 The Arbitrator shall have authority only to determine disputes under the term of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved.
11.05 The Arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision that is inconsistent with it.
11.06 All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union, and its representatives, will be final and binding upon the Employer, the Union and the Employee(s) involved.
11.07 Any grievance involving the interpretation or application,. administration or alleged violation of this Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance.
ARTICLE 12 ·PROBATION
12.01 A newly hired employee shall be known as a probationary employee until s/he has actually worked and successfully completed a period of four hundred and fifty (450) hours worked. The parties may also agree to mutually extend the probationary period.
The parties acknowledge that the probationary period affords the employer an opportunity to assess the employee and that a lesser standard, as determined by the Employer, will apply to the release of an employee during the probationary period than which applies to the discharge of an employee who has attained seniority.
13
The Employer agrees that this clause will not be applied/used in bad faith, or in an arbitrary or discriminatory manner.
Upon completion of such probationary period, the employee's name will be placed on the seniority list with seniority for all hours worked dating from the date he/she was hired by the Employer.
12.02 On or before the expiry of the probationary period, the Employer will confirm to the employee the decision to:
Confirm his/her appointment as having completed his/her probation; or
Terminate the employee.
12.03 An employee will establish seniority once she has completed her probationary period and shall be credited with four hundred and fifty (450) hours worked, upon completion of said probationary period.
ARTICLE 13- SENIORITY
13.01 Upon completion of such probationary period, the employee's name will be placed on the seniority list with seniority for all hours worked dating from the date he/she was hired by the Employer.
13.02 Loss of Seniority
An employee shall lose all seniority and shall be deemed to have quit the employ of the Employer and the employment of the employee shall be deemed to have been terminated without further notice for any of the following reasons:
(a) resigns or retires;
(b) discharged for just cause and not reinstated through the grievance and/or arbitration procedure;
(c) lay-off of a full-time or part time employee in excess of eighteen (18) months;
(d) Unscheduled part time employees shall have abandoned their job if he/she has not accepted or is not available for shifts for a period of three (3) consecutive months.
(e) absence from work for three (3) consecutive working days without notifying the Employer, unless a reasonable explanation is provided to the Employer;
14
(f) failure to return to work from a lay-off within seven (7) calendar days after being notified of recall by registered mail and telephone call/message. Registered mail sent to the employee's most recent home address on her employment file shall be interpreted as proper notice and leaving a telephone message at such employee's residence will also constitute proper notice. For purposes of recall it shall be the responsibility of the employee to keep the Employer informed of his/her current address and telephone number;
(g) leaving the Employer's premises during regular working hours (not including authorized breaks) without the permission of the Employer except in bona-fide emergencies where the employee has notified the Employer;
(h) failure to report for work as scheduled at the end of a leave of absence, vacation, or suspension, unless a reasonable explanation is given by the employee to the Employer; utilizes a leave of absence for reasons other than which it was granted without written approval from the Employer;
(i) is absent from work for thirty (30) months due to illness or accident and there is no reasonable likelihood the employee will return to work within the near future. The Employer agrees to abide to any obligations they may have under the Human Rights Code when applying this Article.
Seniority List
13.03 The Employer will prepare a seniority list of all the employees in the bargaining unit and will include full-time, part-time, classification, original hire date and seniority. The said list shall be prepared and posted on the Union bulletin board, provided to the Union Chief Steward and an electronic copy shall be forwarded to the Union office.
13.04 For the purpose of determining seniority, an employee's aggregate hours paid by the Employer will be converted using the following formula: one thousand eight hundred and twenty-five (1825) hours paid by the Employer equals one (1) year.
ARTICLE 14- JOB POSTING
14.01 In the event new jobs are created or vacancies occur in existing job classifications including new positions created for a specific term or task, the Employer will post, unless the Employer notifies the Union it will not be filled, such new jobs or vacancies for a period of seven (7) calendar days, and shall stipulate the qualifications, classification, rate and department concerned before new employees are hired, in order to allow employees with seniority to apply. Only the initial and first subsequent vacancy shall be posted in accordance with 14.01.
15
The Employer will provide the Union Steward with copies of each job posting.
Any other subsequent vacancies will be offered to employees based on qualifications and seniority, prior to the vacancy being filled from outside.
No external applications shall be considered until the internal process is exhausted.
14.02 (a) Employees who wish to apply for a posted position must submit an application in writing to the Employer within the seven (7) days period referred to in Article 14.01.
(b) In filling postings under Article 14.01, the Employer shall consider the qualifications and experience of the applicants to perform the work efficiently. Where these factors are equal, the applicant with the greatest seniority shall be the one selected to fill the vacancy. If the applicants are not qualified to perform the work required, the Employer has the right to fill the vacancy externally. The Employer will post the name of successful applicant.
14.03 A successful applicant in a new classification will undergo a trial period for a period of one hundred and fifty (150) hours worked.
14.04 The successful applicant shall become permanent at the end of the trial period unless:
(a) the employee, at any time within the trial period, feels that he/she is not suitable for the position, and wishes to return to his/her former position; or
(b) the Employer, at any time within the trial period, feels that the employee is not suitable for the position and requires that he/she return to his/her former position.
(c) in the event of either (a) or (b) above, the employee will return to his/her former position. Any other employee transferred as a result of the rearrangement of positions shall also be returned to his/her former position and salary without loss of seniority.
14.05 Temporary Vacancies
A temporary vacancy is a vacancy which is not expected to exceed six (6) months. However, in cases of pregnancy leave and parental leave, the entire length of the absence shall be considered as a temporary vacancy.
16
Temporary vacancies whose duration is expected to be in excess of eight (8) weeks, shall be posted for seven (7) calendar days and will be filled in accordance with Article 14.01. It is agreed and understood that employees covering a temporary vacancy of less than six (6) months cannot apply for another temporary vacancy until the current temporary assignment has been completed.
ARTICLE 15- HOURS OF WORK & WORK SCHEDULE
15.01 The regular hours of work for full time Employees shall be seven and one-half (7 Y2) hours in a day and seventy-five (75) hours in a bi-weekly period, exclusive of meal periods. This Article shall not be interpreted as a guarantee of hours of work per day or per week and those hours may be increased or decreased due to operational requirements upon notification to the Union in accordance with the Collective Agreement.
15.02 Work Schedule
(a) The following regulations shall govern the scheduling of hours of Employees in the bargaining unit. Shift schedules will be arranged so that:
(i) Employees are not scheduled to work more than six (6) consecutive days;
(ii) For full-time Employees, the Employer shall schedule every second weekend off. This scheduling provision does not apply when Employees mutually agree to exchange shifts and such exchange is approved by the Employer or when an Employee accepts or requests a shift at her own discretion.
(iii) For part time Employees who hold a line of four ( 4) shifts or more out of fourteen ( 14 ), the Employer shall endeavour to schedule every second weekend off.
(iv) For all other part time Employees, the Employer shall give a minimum of one ( 1) weekend off within three weekends.
(b) Shift schedules covering a four ( 4) week period shall be posted two weeks in advance of their commencement. Employee requests for specific days off will be submitted to the Department Head one (1) week in advance of posting.
All Employees who work on an assigned day off, which results in an Employee working more than seventy-five (75) hours in a biweekly period,
17
shall be paid overtime for all hours worked in excess of 75 hours biweekly.
(c) The Employer agrees to ensure an Employee a period of at least eleven (11) consecutive hours free from performing work in each day. The aforementioned does not preclude an Employee from being called in during a period in which the Employee would not otherwise be expected to perform work for her Employer.
(d) The employer shall endeavor to schedule an Employee a period free from the performance of work equal to:
(i) At least 24 consecutive hours off in every work week; or
(ii) At least 48 consecutive hours off in every period of two consecutive work weeks.
(e) There shall be no further splitting of shifts other than those currently existed at the time of ratification of this agreement.
(f) The Employer agrees that there shall be no further rotation of shifts other than those required to rotate at the time of ratification of this agreement.
(g) The Employer shall supply the Union Office and the Chief Steward with the master schedule and the "working" schedule (showing the Employees' names* for each line in the master schedules) in January and July of each year and at the time of a notification to the Union of proposed changes.
*Note: If the line belongs to an Employee who is on leave the "working" schedule will show that Employee's name in brackets below the name of the worker who temporarily holds the position.
(h) All employees and shifts shall be posted on the master schedule. The line on the master schedule is the job posting line. All positions will require a job posting including the need to recruit for casual/unscheduled part-time positions.
15.03 (a) Relief Periods
Employees will be allowed breaks within the shift without reduction in pay and without increasing working hours as follows:
Shift Length: Breaks
More than 4 hours More than 7 hours
1-15 minute break 2-15 minute breaks
18
In addition to the above, any shift over 5 hours will also have a Y2 hour unpaid lunch within the shift.
(b) Unpaid Lunch or Meal Period Lunch or meal periods will be uninterrupted, except in cases of emergency.
(c) Those employees who are deemed "in charge" or who are not allowed to leave the building during their lunch period will receive a % hour "paid" lunch period within the shift.
The parties acknowledge and recognize that the Employees may be designated as "in charge" and the aforementioned premium is to ensure that these Employees are compensated due to interruptions during their meal periods.
The above is not intended to be interpreted as a basis for overtime rates of pay after seventy-five hours bi-weekly.
15.04 Call-In Procedure and Fill-In Procedure
(a) Availability List:
(i) The Employer shall maintain an availability list in order to ensure the replacement of absent employees.
(ii) Employees shall express availability, adapted to their needs, in writing on the Availability Form. The availability so expressed shall automatically be renewed if the employee makes no changes. Any changes must be provided, in writing, a minimum of one (1) week in advance of the posting of the schedule.
(iii) Employees scheduled for 75 bi-weekly hours shall not be obliged to express availability.
(iv) The availability form shall include the following information:
(b) Fill In:
name of the employee; date the employee filled out the form; classification.(§); day(s) of the week; shift(s);
(i) "Fill In" shall mean scheduling an Employee to work to fill in absences of other employees that are known to the Employer's prior to the
19
posting schedule. Employees shall be scheduled in accordance to their declared availability.
(ii) All fill-in shifts shall be given in order of seniority, by classification first, to those employees on the availability list, at non-overtime rates of pay. Thereafter, qualified alternate employees from other classifications may then be considered.
(c) Call-In Procedure
The order of steps to cover a scheduled shift as a result of an incidental absence will be as follows:
(i) Employees in the affected department and classification, who have stated their availability and do not trigger any additional or premium costs, will be called in on a rotational basis in order of their seniority from last accepted.
(ii) Then qualified employees in any other department or classification, who have stated their availability and do not trigger any additional or premium costs, will be called in order of their seniority.
(iii) Employees could then be called in from the department and classification in order of their seniority last accepted. It is understood that the appropriate overtime charges would apply.
(d) A call-in log will be maintained and available for viewing by the employees and the Union. The call-in log will be based on the posted seniority list and shall show the shift (start time, date, duration) to be covered, the name of the employee who accepted and the result of each call made (e.g. LM, VM, Wetc).
15.05 Shift Exchange or Giveaway
An employee may apply to his/her Supervisor in writing for perm1ss1on to exchange or give-away shift(s) with another appropriately qualified employee, such exchange or give-away shall not result in any additional costs or reduced efficiency to the Employer. Such request shall be made on the form supplied by the Employer for this purpose, and shall be given to the Supervisor designated by the Employer at least seventy-two (72) hours in advance of the shift the employee wishes to exchange or give-away. The seventy-two (72) hours may be waived by mutual agreement. The exchange or give-away must be formally approved by the designated Supervisor before any exchange or give-away can take place. It is understood and agreed that the Employer shall not be responsible or liable for a non-compliance issues or concerns, or any additional costs (including but not limited to overtime rate claims), that might arise or accrue
20
as a result of the shift exchange or give-away.
The employee must find a replacement for a give-away shift in accordance with 15.04, 15.04 (1) and 15.04 (2).
Employees shall be able to give away shifts to a maximum of one (1) shift per biweekly pay period.
ARTICLE 16- PREMIUM PAY
OVERTIME
16.01 Overtime is defined as authorized work performed in excess of seventy-five (75) hours bi-weekly, or seven and one half (7.5) hours per day.
16.02 The overtime rate shall be time and one-half (1 ~) the employee's straight-time hourly rate. There shall be no pyramiding of overtime or premium hourly rates or any benefits payable under this Agreement (i.e. overtime and paid holiday premium, etc.).
16.03 Night Shit Premium
Effective Jan 1, 2020, fifteen cents ($0.15) per hour for all hours worked from the start of the shift commencing on or about 2300 hours and ending on or about 0700 hours. Such premium will be increased to twenty cents ($0.20} per hour Jan 1, 2021 and further increased to twenty-five cents ($0.25) per hour Jan 1, 2022.
ARTICLE 17- LEAVES OF ABSENCE
17.01 The Employer may grant a request for a leave of absence without pay for personal reasons, provided the Employer receives at least three (3) weeks notice in writing (except in case of emergency) and provided that such leave may be arranged without undue inconvenience to the normal operations. Applicants when applying must indicate the reason for the leave of absence, the date of departure and specify the date of return.
The Employer will reply to the request in writing with a copy to the Union. Such requests shall not be unreasonably denied.
17.02 (a) No employee will accumulate seniority, vacation allowances, be paid for paid holidays (if the leave is in excess of thirty (30) calendar days), nor will any other benefits in this Agreement accrue or be paid while the employee is on leave of absence, but seniority and other accumulated credits established at the point of leave will be reinstated upon return to work
21
unless legislation stipulates otherwise. The Employer agrees to abide to any obligations they may have under the Human Rights Code when applying this Article.
(b) The Employer shall pay its share of the insured benefit premium for a period up to two (2) months during a leave of absence provided that the Employee continues to pay her portion of the premiums. The employee may continue these benefits, at his/her own expense, for up to 12 months by providing post-dated cheques covering the employer and employee premiums for each month of absence. If the employee fails to make the required payment in a timely manner, benefits will be terminated.
17.03 The Employer will comply with the requirements of the Employment Standards Act, 2000 with respect to pregnancy leave, parental leave and emergency leave unless otherwise amended.
17.04 Bereavement
(a) Upon the death of an employee's spouse (including same sex partner), child, parent, step parent, sister, or brother, the employee will be eligible for a leave up to a maximum of five (5) consecutive calendar days without loss of pay from the date of death.
Upon the death of a full-time employee's grandparent, grand-children, mother-in-law, father-in-law, brother-in-law or sister-in-law, the employee will be eligible for a leave up to a maximum of three (3) consecutive calendar days without loss of pay from the date of death.
(b) In the event of a delayed interment, an Employee may save one of the days identified above without loss of pay to attend the interment.
17.05 Jury Duty
When an employee is required to serve on a jury in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, 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 Residence, he/she shall be relieved of his/her duties for such time as may be required. The Employee shall notify the Employer immediately on receiving notification and provide proof of service requiring his/her attendance.
(a) The Employee shall not lose regular pay because of such attendance, provided that the Employee:
(i) notifies the Employer immediately on the Employee's notification that he will be required to attend at court;
22
(ii) presents proof of service requiring the employee's attendance; and
(iii) deposits with the Employer the full amount of compensation received, excluding mileage, traveling and meal allowance, and an official receipt thereof
17.06 Union Leave
The Employer may grant leave of absence without pay to employees to attend Union conventions, seminars, education classes or other Union business. The Union agrees that such leave will not affect the proper or efficient operations of the Residence. The Union, whenever possible, must give at least twenty-one (21) days notice in writing to the Employer in making application for the leave of absence for Union business.
Employees on union leave shall be maintained on normal pay and benefits. The Union will reimburse the Employer for wages and cost of benefits for such leave.
An Employee elected or appointed to a full-time position with the Union shall be granted leave of absence without pay and benefits, etc. Such leave must be renewable annually. During such leave, seniority shall be retained but not accrued. Upon returning to work, such employee will be reinstated in his/her former job provided he/she has the seniority, if not, he shall be eligible to apply for any job within the Bargaining Unit by means of the Job Posting Procedure. In requesting such a leave of absence, the Union must provide at least four (4) weeks' notice, to be confirmed in writing, to the Retirement Residence
17.07 Education Leave
(a) 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.
(b) Where Employees are required by the Employer to take educational upgrades or acquire new employment qualifications, the Employer shall pay the full cost associated with the upgrades payable upon proof of successful completion of the course.
(c) The Employer may grant a request for an unpaid leave of absence to upgrade employment qualifications, provided that they receive the request one (1) month in advance, in writing, unless impossible, and provided that such a leave may be arranged without undue inconvenience to the normal operations of the Retirement Residence. Applicants, when applying, must indicate the date of the departure and specific date of return.
23
(d) If such leave is granted, the terms of such leave shall be identified in writing prior to the taking of such leave (including the specified date of return).
17.08 Pregnancy Leave
(a) An Employee who is pregnant shall be entitled, upon application, to pregnancy leave and parental leave immediately thereafter. Pregnancy leave shall be granted for seventeen (17) weeks as provided in the Employment Standards Act, and may begin no earlier than seventeen ( 17) weeks before the expected birth date.
The Employee shall give the Employer two (2) weeks notice, in writing, of the day upon which she intends to commence her leave of absence, unless impossible, and furnish the Employer with a certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur.
(b) The Employee must have started employment with her Employer at least thirteen (13) weeks prior to the expected date of birth.
(c) The Employee shall give at least two (2) weeks notice of her intention to return to work. The Employee may, with the consent of the Employer, shorten the duration of the leave of absence requested under this Article upon giving the Employer two (2) weeks notice of her intention to do so, and furnishing the Employer with a certificate of a legally qualified medical practitioner stating that she is able to resume her work.
An additional leave of absence may be taken under Article 17.16, Parental Leave.
17.09 An Employee who does not apply for leave of absence under Article 17.08 (a) and who is otherwise entitled to pregnancy leave, shall be entitled to and shall be granted leave of absence in accordance with Article17.08 (a) upon providing the Employer, before the expiry of two (2) weeks after she ceased to work, with a certificate of a legally qualified medical practitioner stating that she was not able to perform the duties of her employment because of a medical condition arising from her pregnancy, and giving the estimated day upon which, in his opinion, delivery will occur or the actual date of her delivery.
17.10 During the period of leave in Article 17.08 the Employer shall continue to pay the Employers portion of hospital, medical, dental, group life, and other benefits included and prescribed by the Employment Standards Act unless the Employee gives the Employer written notice that the Employee does not intend to pay the Employee contributions.
24
17.11 An Employee who intends to resume her employment on the expiration of the leave of absence granted to her under this Article shall so advise the Employer when she requests the leave of absence. If a full-time Employee returns to work at the expiry of the normal pregnancy or parental leave, and the Employee's former permanent position still exists, the Employee will be returned to her former job, and former shift, if designated.
All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions.
17.12 When the Employer has suspended or discontinued operations during the leave of absence and has not resumed operations upon the expiry thereof, the Employer shall upon resumption of operations, reinstate the Employee to her employment or to alternate work in accordance with the established seniority system or practice of the Employer in existence at the time the leave of absence began and in the absence of such a system or practice shall reinstate the Employee in accordanc;e with the provisions of Article 17.06.
17.13 Credits for service for the purpose of salary increments, vacations, or any other benefit included and prescribed under the Employment Standards Act shall continue and seniority shall accumulate during the leave.
17.14 Upon expiry of seventeen {17) weeks pregnancy leave, an Employee may immediately commence parental leave, as provided under Article 17.16 of this Agreement. The Employee shall give the Employer at least two {2) weeks notice, in writing that she intends to take parental leave.
17.15 Such absence is not an illness under the interpretation of this agreement and credits on the accumulated sick leave plan and the weekly indemnity plan cannot be used.
17.16 Parental Leave
{a) An Employee who becomes a parent, and who has been employed for at least thirteen {13) weeks immediately preceding the date of the birth of child or the date the child first came into care or custody of the Employee, shall be entitled to parental leave.
{b) A "parent" includes: the natural mother or father of the child; a person with whom a child is placed for adoption and a person who is in a relationship with the parent of the child and who intends to treat the child as his or her own.
{c) Parental leave must begin no later than fifty-two {52) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time. For Employees on pregnancy leave, parental leave will begin immediately after pregnancy leave expires. Parental leave shall be granted
25
for up to thirty-five (35) weeks in duration if the Employee also took pregnancy leave and thirty-seven (37) weeks in duration if she did not.
(d) The Employee shall give the Employer two (2) weeks written notice of the date the leave is to begin.
An Employee may end her parental leave as set out in paragraph (c) above (or earlier) by giving the Employer written notice at least four ( 4) weeks before the last day of the leave.
(e) For the purposes of parental leave under Article 17.16 Parental Leave, the provisions under Articles 17.10, 17.11 and 17.13 shall also apply.
ARTICLE 18 - LAYOFFS AND RECALL
18.01 (a) Definition
Where it is necessary to reduce the working force of employees, the following procedure will apply provided it does not prevent the Employer from maintaining a working force of employees who are qualified to do the work available. It is agreed and understood that reduction in the number of scheduled hours in a work week does not constitute a layoff unless an employee has his/her hours reduced in excess of seven and one-half (7.5) hours or more every two (2) weeks for a period in excess of eight (8) weeks.
(b) In the event of a proposed layoff of a permanent or long-term nature, the Employer shall provide the Union with at least four ( 4) weeks' notice. This notice is not in addition to required notice for individual Employees.
(c) In the event of a lay-off, the Employer will provide affected employees with notice in accordance with the Employment Standards Act, 2000. However, the Employment Standards Act, 2000 will be deemed amended to provide notice to the affected employee
If the employee's service is greater than nine (9) years, s/he will receive nine (9) weeks notice.
18.02 Lay off Procedure
(a) In the event of lay off, the Employer shall lay-off Employees in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the skills and ability to perform the work.
(b) An Employee who is subject to lay off shall have the right to either:
26
(i) Accept the layoff; or
(ii) Bump an Employee with less bargaining unit seniority within a lower or identical paying classification for which they are qualified, and can perform the duties of the lower or identical paying classification. The Employer shall afford such Employees an orientation period.
(c) Chain bumping will be allowed with the understanding that an Employee subject to lay off who chooses to bump must bump the Employee with less seniority who has scheduled hours equal to or less than the Employee being laid off.
(d) Consistent with the opportunity to chain bump, all Employees who are potentially impacted will be given notice of layoff at the outset of the process.
(e) When an Employee subject to layoff chooses to bump and there are no Employees with less seniority within the bargaining unit said employee shall be laid off.
(f) The decision of the originally laid off Employee to choose (i) or (ii) above shall be given in writing to the Executive Director within three (3) working days following the notification of lay-off. The subsequent displaced Employee will respond within two (2) working days and any further subsequent displaced employees will respond within one (1) working day. Employees failing to respond as per the above shall be deemed to have accepted the lay-off.
18.03 Recall Rights
(a) The job posting procedure as set out in the collective agreement will continue to apply. Employees with seniority who are laid off will be mailed a copy of job postings to their last known address.
(b) An Employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the ability to perform the work available.
(c) In determining the skills and ability of an Employee to perform the available work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner.
(d) An Employee recalled to work in a different classification from which she was laid off shall have the right to return to the position she held prior to the layoff should it become vacant.
No new Employees shall be hired until all those laid off have been given
27
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.
(e) It is the sole responsibility of the Employee who has been laid off to notify the Employer of her intention to return to work within seven (7) 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 and return to work within ten (1 0) working days after having received notification. 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.
(f) Employees on layoff or notice of lay off shall be given preference for temporary vacancies. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.
(g) A laid off Employee shall retain the rights of recall for a period of eighteen ( 18) months.
(h) When a laid off Employee bids for and is successful in obtaining a posted position, she shall maintain her recall rights from the position from which she was originally laid off.
18.04 Benefits on Layoff
In the event of a layoff, the Employer shall pay its share of the insured benefit premium for a period up to two (2) months from the end of the month in which the layoff occurs provided that the Employee continues to pay his or her portion of the premiums, or until the laid off Employee is either recalled or employed elsewhere, whichever comes first.
18.05 Severance Pay
Severance Pay will be in accordance with the provisions of the Employment Standards Act, 2000.
ARTICLE 19 ·BULLETIN BOARDS/ MEETING SPACE
19.01 The Employer agrees to supply and make available to the Union for the posting of seniority lists and Union Notices one ( 1) Union bulletin board at the Residence in such a place so as to inform all Employees in the bargaining unit of the activities of the Union. The Union further agrees that it will not post any information that is defamatory or derogatory to the interest of the Company.
28
19.02 The Union Representative who has been assigned in writing by SEIU Local 1 Canada to the bargaining unit may have access to their members for servicing duties and/or membership meetings. Notwithstanding the above, it is understood and agreed that the activities of the Union Representative shall not disrupt the normal operations or activities of the Home. The Employer may designate an area of the building where such access will take place.
ARTICLE 20 • GENERAL CONDITIONS
20.01 Health and Safety
The Employer, the employees and the Union agree that they mutually desire to maintain standards of safety and health in the Residence, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time.
20.02 The Employer shall maintain a comprehensive policy on resident handling and safe work practices within six (6) months of the date of settlement/award. Such policies will be reviewed by the Joint Health and Safety Committee.
20.03 A joint Management and Employees Health and Safety committee shall be constituted with representation of at least half by Employees from the various departments. The committee shall identify potential dangers; recommend means of improving the health and safety programs and obtaining information from the Employer or other persons respecting the identification of hazards and standards elsewhere. The committee shall meet at least every other month unless mutually agreed otherwise.
Scheduled time spent in such meetings is to be considered time worked for which representative( s) shall be paid by the Employer at her or her regular or overtime rate.
Minutes shall be taken of all meetings and copies shall be sent to the Committee members. Minutes of the meetings shall be posted on the workplace Health & Safety bulletin board and the Union bulletin board.
The Employer shall provide the time off from work with pay and all related tuition costs and expenses necessary to certify the worker representative.
Where an inspector makes an inspection of a workplace under the powers conferred upon him or her under the Occupational Health and Safety Act, the Employer shall afford a certified committee member representing workers the opportunity to accompany the inspector during her or her physical inspection of a workplace, or any part or parts thereof. Where a worker certified member is not
29
on-site and available, the Employer shall afford a worker Health and Safety representative if any, or a worker selected by a Union, because of knowledge, experience and training, to represent it, the opportunity to accompany the inspector during her or her physical inspection of a workplace, or any part or parts thereof.
20.04 Two (2) representatives of the Joint Health and Safety Committee, one ( 1) from management and one ( 1) from the Employees, shall make monthly inspections of the workplace and shall report to the health and safety committee the results of their inspection. The members of the Committee who represent the workers shall designate a certified member or person who is properly trained to inspect the workplace. The Employer shall provide the member with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace.
In the event of accident or injury, such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury. Furthermore, such representatives must be notified of the inspection of a government inspector and shall have the right to accompany him on his inspections. Scheduled time spent in all such activities shall be considered as time worked.
20.05 The Joint Health and Safety Committee and the representatives thereof shall have access to Incident/Accident Report Form required in s. 51, s. 52, and s. 53 of the Act and the annual summary of data from the WSIB relating to the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupation injuries, and such other data as the WSIB may decide to disclose. It is understood and agreed that no information will be provided to the Committee which is confidential. This information shall be a standing item recorded in the minutes of each meeting.
20.06 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.
20.07 The Employer shall inform all affected direct care Employees of residents who have serious infectious diseases. The nature of the disease need not be disclosed. Employees shall be informed of special procedures and supplied with all necessary equipment required to deal with these circumstances. The parties agree that all Employees are aware of the requirement to practice universal precautions in all circumstances.
30
20.08 Violence in the Workplace
(a) The parties agree that violence shall be defined as any incident in which an Employee is abused, threatened or assaulted while performing his or her work.
The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse.
The parties agree that such incidents will not be condoned.
Any Employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub-article (a) only, Employees as referred to herein shall mean all Employees of the Employer.
(b) The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to Employees who have faced workplace violence. These policies and procedures shall be communicated to all Employees.
(c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review.
(d) The Employer agrees to provide training and information on the prevention of violence to all Employees who come into contact with potentially aggressive persons. This training will be done during a new Employee's orientation and updated as required.
(e) Subject to appropriate legislation, and with the Employee's consent, the Employer will inform the Union within three (3) days of any Employee who has been subjected to violence while performing his/her works. Such information shall be submitted in writing to the Union as soon as practicable
20.09 No Discrimination or Harassment
The Employer and the Union are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity. Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination, harassment and aggression. The parties agree that harassment includes engaging in a course of vexatious comment or conduct against a worker.
31
Where a bargaining unit member has a complaint of harassment or discrimination by a manager or another bargaining unit member, she shall bring such complaint to the attention of the Employer and the Union.
In the case of a bargaining unit member, the Employer and the Union will then initiate a complete and joint investigation of the complaint and report the findings back to the complainant who shall be accompanied by a Steward.
If the complaint directly or indirectly involves the complainant's supervisor or a Steward she may contact an alternate person in management or the Union to ensure that the complaint is handled in a discreet, confidential and timely fashion.
The Employer shall supply and publish a third-party contact for employees should they feel that they cannot report to anyone within their workplace.
Should the complainant not be satisfied with the response she is entitled to file a grievance under the terms of this Collective Agreement.
The Employer agrees to abide by Ontario Bill 168 (OHSA) and Ontario Human Rights Code.
20.10 The Employer shall:
(a) inform Employees of any situation relating to their work which may endanger their health and safety, as soon as the Employer learns of the said situation;
(b) inform Employees of the risks relating to their work, and provide training and supervision so that Employees obtain the skills and knowledge necessary to safely perform the work assigned to them:
(c) Ensure that the applicable measures and procedures prescribed in the Occupational Health and Safety Act and regulations are carried out in the workplace.
20.11 The worker shall:
(a) Work in compliance with the provisions of the Occupational Health and Safety Act and the regulations;
(b) Use or wear the equipment, protective devices or clothing that the worker's Employer requires be using or wearing;
(c) Report to her 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
32
Report to her 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.
20.12 Injured Workers Provisions
At the time an injury occurs, the injured worker's Employer shall provide transportation for the worker (if the worker requires it) to a hospital or a physician located within a reasonable distance. The Employer shall pay for the transportation.
20.13 Infectious Diseases
The Employer and the Union desire to arrest the spread of infectious diseases in the Residence.
To achieve this objective, the Joint Occupational Health and Safety Committee may review and offer input into infection control programs and protocols including surveillance, outbreak control, isolation, precautions, worker education and training, and personal protective equipment.
The Employer shall provide training and ongoing education in communicable disease recognition, use of personal protective equipment, decontamination of equipment, and disposal of hazardous waste.
20.14 The Employer will use its best efforts to record and report all needle sticks and sharps incidents.
20.15 The parties agree that if incidents in the workplace involving aggressive resident and/or family action occur, such action will be recorded and when necessary reviewed at the Occupational Health and Safety Committee meetings.
Reasonable steps within the control of the Employer will follow to address the legitimate health and safety concerns of employees presented in that forum.
It is understood that such resident occurrences will be reviewed at the Resident Care Conference.
20.16 The Joint Health and Safety Committee will discuss and shall recommend, where appropriate, appropriate measures to promote health and safety in workplaces, including, but not limited to:
Musculoskeletal Injury Prevention . Needle Stick Injury Prevention Personal Protective Equipment Training designed to ensure competency under the Act for those persons with supervisory responsibilities
33
20.17 Where an employee is absent due to illness or injury which is compensable by Workers' Safety and Insurance Board, the following shall apply:
(a) The Employer shall continue to pay its share of any and all health and welfare benefits for the month in which the absence commences and for the following two (2) months, if the employee deposits with the Residence his or her share.
(b) Subsequent to the period referred to in (a) above, benefit coverage may be continued by the employee, provided the employee pays the total cost of the premiums to the Employer for each monthly period during the absence.
(c) An employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by Workers' Safety and Insurance Board.
(d) Provided that an employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on Workers' Safety and Insurance Board shall be considered as time worked for the purpose of calculating the current year's vacation entitlement under the terms of the Agreement.
(e) In the case of an absence due to a compensable accident, where the anticipated length of such absence is four ( 4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement.
Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion.
(f) If, on the recommendation of the Workers' Safety and Insurance Board or the attending physician the employee is capable only of performing work of a different kind, or of a lighter nature, and such work is available within the Residence in a classification which is covered by this Agreement, then the returning employee may exercise his seniority by bumping into the job, at the applicable salary level, displacing the employee with the least seniority in the classification.
ARTICLE 21 - HEALTH AND WELFARE
21.01 Full time employees may elect to enroll in any or all of the eligible group insurance plan( s) upon completion of probation by completing an Enrollment Form within 31 days of eligibility. Employees who have elected to participate in a particular plan may withdraw at any time. An employee who has not enrolled in a
34
plan, or has withdrawn, may subsequently enroll in a plan subject to carrier approval, (some benefit restrictions may apply during the first 12 months of enrollment). The benefit entitlements are highlighted below:
LIFE $15,000 - Reduces to 50°/o at age 65 Premiums - 1 00% Company Paid Effective Jan 1, 2020 Insurance ceases at earlier of termination of employment, retirement or age 70
AD&D Same as Life - $15,000 Premium 1 00°/o company paid for full time employees effective Jan 1, 2020. Insurance ceases at earlier of termination of employment, retirement or age 70
EXTENDED 1 00°/o reimbursement for Vision Care or Out of Country HEALTH emergency expenses. No deductible will apply to Vision Care or
Out of Country ememency expenses Drug card with seven dollars and fifty cent($ 7.50) dispensing fee cap. Drugs that legally require a prescription. Generic substitution applies. 80o/o reimbursement after the deductible for all other eligible expenses Orthopedic shoes which form part of a brace $150 per year Private duty nursing, when medically required up to $5,000 every three years Hearing Aids - $300 life time maximum Paramedical practitioners including: chiropodist, podiatrist, chiropractor, osteopath, naturopath, physiotherapist, massage therapist covered at $350 per practitioner per year Out of country emergency medical expenses limited to $20,000 per person per year Vision care- Two hundred dollars ($200.00) inclusive of eye exams and contact lenses every two (2) years for prescription glasses. Eye examinations at 1 every year for children and 1 every 2 years for all others Premiums 50°/o paid for full time employees, by the employer Benefit ceases at the earlier of termination, retirement, or age 70
DENTAL Expenses reimbursed based on previous ODA fee guide 80o/o reimbursement after deductible for Basic dental services to a maximum of $1,500 per person per year. Basic services include maintenance check-ups, filings, x-rays, oral surgery, endodontic, periodontics, and denture repairs. Premiums 50o/o company paid for full time employees Dental benefit ceases at the earlier of termination of employment,
35
retirement or age 70 PART TIME Effective November 1st, 2017 the Employer shall pay to part time IN LIEU employees fifteen cents ($0.15) per hour on the base hourly rate
pay in lieu of Health and Welfare Benefits set out in the article 21.01. Effective Jan 1, 2020 increased to twenty cents ($0.20) per hour and effective July 1, 2022 increased to twenty-five cents ($0.25) per hour.
21.02 Pension Plan
Effective September 1, 2015, all eligible employees will be enrolled in the Nursing Homes and Related Industries Pension Plan (NHRIP) in accordance with NHRIP's normative terms and covenants.
The Nursing Homes and Related Industries Pension Plan
In this Article, the terms used shall have the meanings as described:
.01 "Plan" is defined as the Nursing Homes and Related Industries Pension Plan, being a Multi-Employer Plan.
"Applicable Wages" is defined as the basic straight time wages for all hours worked, including:
(i) the straight time component of hours worked on a holiday;
(ii) holiday pay, for the hours not worked; and
(iii) vacation pay.
All other payments, premiums, allowances and similar payments are excluded.
Effective November 1, 2017, "Eligible Employee" is defined as Fulltime and Part-time Employees in the bargaining unit who have completed four hundred and fifty (450) hours of service .
. 02 Effective November 1, 2017, Each Eligible Employee covered by this Collective Agreement shall contribute from each pay period an amount equal to two percent (2o/o) of applicable wages to the Plan. The Employer shall contribute on behalf of each eligible Employee for each pay period, an amount equal to two percent (2o/o) of applicable wages.
Effective July 1, 2021 Each Eligible Employee covered by this Collective Agreement shall contribute from each pay period an
36
amount equal to three percent (3o/o) of applicable wages to the Plan. The Employer shall contribute on behalf of each eligible Employee for each pay period, an amount equal to three percent (3°/o) of applicable wages.
Effective July 1 , 2022 Each Eligible Employee covered by this Collective Agreement shall contribute from each pay period an amount equal to four percent (4°/o) of applicable wages to the Plan. The Employer shall contribute on behalf of each eligible Employee for each pay period, an amount equal to four percent (4o/o) of applicable wages.
Notwithstanding the foregoing, where an error has been made in deduction, the Employer shall, upon request, make full payment on any outstanding Employer contributions irrespective of whether the employee pays the matching amount.
The parties agree that this Article in no way prejudices the position of either party as it relates to the retroactivity application if an error is discovered .
. 03 The Employee and Employer contributions shall be remitted to the Plan within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions are attributable .
. 04 The Union acknowledges and agrees that other than making its contributions to the Plan as set out in this article, the Employer shall not be obligated to contribute towards the cost of benefits provided by the Plan, or be responsible for providing any such benefits.
The Union and Employer acknowledge and agree that under current pension legislation, and/or regulations, the Employer has no requirement to fund any deficit in the Plan, but is required to contribute only that amount as required by the Collective Agreement in force between the parties.
It is understood and agreed by the Employer and the Union that should the current pension legislation or regulations be changed so that the Employer's obligation to contribute to the Plan exceeds the amount specified in the Collective Agreement then in force, the parties will meet directly to finalize methods to relieve the Employer of this increased obligation to the extent that any such obligations exceeds that which the Employer would have if the Plan were a defined contribution plan.
37
.05 The Employer agrees to provide to the Administrator of the Plan, on a timely basis all information required pursuant to the Pension Benefits Act, R.S.O. 1990, CH P-8 as amended, which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits.
For further specificity, the items required for each eligible employee are:
(i) To be Provided Once Only at Plan Commencement Date of Hire Date of Birth Date of first Contribution Seniority List to include hours from date of hire to Employer's fund entry date (for purposes of calculations past service credit).
(ii) To be Provided with each Remittance Name Social Insurance Number Monthly remittance Pensionable Earnings Employer portion of arrears owing due to error, or late enrolment by the Employer
(iii) To be Provided Periodically Current address as provided to the Home once when the Employee joins the plan, and annually for all Employees in October of every year Termination date when applicable
(iv) To be Provided Once. if they are Readily Available Gender Marital Status
Any additional information requests beyond that noted above may be provided if possible, by the Employer at the expense of the Plan, unless the Employer is obligated by law to provide the information
.06 The Employer agrees to be bound by the terms of the Agreement and Declaration of Trust as restated September 08, 2005 and the rules and regulations of the Plan adopted by the Trustees, both as may be amended from time to time.
ARTICLE 22- VACATIONS
22.01 Vacation Year
38
The vacation year shall run from January 1 to December 31.
22.02 Vacation Request
The periods at which employees will be scheduled to take any vacations shall be based on the selection by the Employees according to seniority in each classification but shall be finally determined by the Employer having due concern for the proper operation of the Residence The Employer will post a vacation schedule for each classification by January 15th each year. Employees will submit their vacation requests, in writing, for preferred vacation dates up to and including March 31. The schedule shall be taken down by March 31st and in the event there is a conflict in the selections by employees, such conflicts will be resolved on the basis of seniority in each classification.
The employer will post the vacation schedule by April 15.
Vacation time available after the confirmed vacation request has been posted will be granted in accordance with the date of request, and not seniority.
22.03 Full Time Vacation Entitlement
(a) Full-time employees who have less than six (6) months service will receive vacation pay in the amount of four percent ( 4 °/o) of their total earnings accrued up to the end of the vacation year.
(b) Full-time employees who have more than six (6) months service, but less than one (1) year, will receive one (1) weeks vacation pay in the amount of four percent ( 4o/o) of their total earnings accrued up to the end of the vacation year.
(c) Full-time employees with more than one (1) year of service, but less than three (3) years of service by the end of the vacation year will be granted two (2) weeks' vacation with pay, at four percent (4°/o) of their total regular earnings
(d) Full-time employees with three (3) years of service or more, but less than nine (9) years of service by the end of vacation year will be granted three (3) weeks vacation, with pay, at six percent (6°/o) of their total regular earnings.
(e) Full-time employees with nine (9) years of service or more, but less than nineteen (19) years of service by the end of vacation year will be granted four (4) weeks vacation, with pay, at eight percent (8o/o) of their total regular earnings.
39
(f) For Full-time employees with nineteen (19) years of service or more by the end of the vacation year will be granted five (5) weeks vacation, with pay, at ten percent (1 Oo/o) of their total regular earnings.
(g) When employment is terminated before the employee has been granted a paid vacation, they shall receive payment in lieu of same at the appropriate rate.
All full-time employees entitled to vacation time off shall be paid their vacation pay when they take their vacation; it will be paid on the regular bi-weekly pay schedule, assuming they have sufficient funds in their vacation bank. Any vacation pay remaining' in an employee's bank will be paid at the end of the vacation year. Employees may not request vacation pay in advance of their vacation.
The accrued vacation must be taken during the vacation year immediately following the year it was accrued and not prior to that.
An employee shall not be permitted to accumulate her vacation from one year to another.
By the middle of July the Employer will notify full time employees of any unscheduled vacation entitlement. The Employer shall schedule outstanding vacation if the employee fails to do so by end of October unless otherwise agreed to.
22.04 (a) Part-time employees shall receive vacation with pay in accordance with the Employment Standards Act, 2000 except as follows:
Hours Worked Vacation Pay 0 to 5475 hours worked or less than 5 40/c, years 5,475 or more but less than 16,425 6o/o hours, or 5 years of continuous employment with the employer, whichever comes first. Progression beyond 3 weeks entitlement shall be based on hours worked. 16,425 hours worked to less than Bo/o 34,675 hours worked More than 34,675 hours worked 10o/o
When employment is terminated before the employee has been granted a paid vacation, they shall receive payment in lieu of same at the appropriate rate.
40
Effective January 1, 2020, only unscheduled part-time employees will receive vacation pay with their bi-weekly pay.
ARTICLE 23 - HOLIDAYS
23.01 Paid Holidays
The following shall be recognized as paid holidays:
New Year's Day Good Friday Christmas Day
Float Days:
Labour Day Thanksgiving Day Canada Day
Family Day Victoria Day Boxing Day
In addition to the above, two (2) float days have been designated. The float days are prorated and must be scheduled by mutual agreement between the Employer and the Employee. The float days cannot be carried over or paid out.
For clarification purposes of when a Paid Holiday begins and ends the first shift of the day shall be the shift where majority of hours are completed by eight (8:00) a.m.
23.02 Paid holidays shall not exceed eleven (11) in number.
In the event that an additional Federal, Provincial or Municipal holiday is proclaimed, such holiday shall replace the float days.
23.03 (a) An Employee who is required to work on any of the above designated holidays, with the exception of Float holidays, shall receive pay at the rate of time and one-half for all hours worked on the holiday.
Employees shall be paid one and one half (1 %) their hourly rate of pay for all hours worked when the majority of the scheduled hours are on the actual date of the Paid Holiday.
(b) An employee eligible for holiday pay who is required to work on a paid holiday will at the employer's discretion be paid at their basic rate of pay, or take another day off in lieu with pay, within sixty (60) days of the holiday at a mutually agreeable time between the employee and the Employer. Holiday pay shall be based on the average length of shift worked over the preceding four (4) week period.
23.04 In order to be entitled to a statutory holiday with pay the employee must have worked on their last scheduled working day before the holiday or their first scheduled working day after the holiday, unless excused by medically substantiated sickness.
41
23.05 An otherwise eligible employee will not be entitled to a statutory holiday with pay if the employee has agreed to work on the holiday and fails to report for and perform such work, unless excused by medically substantiated sickness.
23.06 The Employer shall provide all Employees with two (2) days off at Christmas or New Year's on a rotating basis provided there remain enough qualified staff to fill all shifts in order to meet the operational needs of the Residence.
ARTICLE 24- SICK LEAVE
24.01 (a) Each post-probationary full-time employee shall, upon the completion of each one hundred and fifty (150) hours worked, receive a sick pay credit of 7.5 hours to a maximum of sixty-seven and a half (67 .5) hours per year.
(b) Each post-probationary part-time employee shall, upon the completion of each one hundred and fifty (150) hours worked, receive up to one (1) sick day to a maximum of up to two (2) days per year.
Clarity note: The interpretation of "up to" is defined as the hours of a regular scheduled shift for the Employee (i.e. Employee is regularly scheduled 6.5 hours shifts earns 6.5 hours of sick leave credit)
24.02 Sick leave shall be for the sole purpose of protecting employees from loss of income due to legitimate illness.
24.03 Absence for injury compensable under the provisions of the Workplace Safety and Insurance Act shall not be charged sick leave credits.
24.04 The Employer may request proof of disabling accident or illness:
(a) For any absence in excess of three (3) consecutive days;
(b) For the fourth (4th) and succeeding illness in the sick leave year; or The Employer shall exercise discretion in making such requests.
(c) In the event the Employer requires a doctor's certificate the Employee shall be reimbursed the reasonable cost of such doctor's certificate.
ARTICLE 25 - CONTRACTING OUT
25.01 The Employer shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contracting out, a layoff of any employees other than unscheduled part-time employees results from such contracting out.
42
ARTICLE 26 • UNIFORM ALLOWANCE
26.01 Uniform allowance is for the sole and exclusive purpose of maintaining appropriate work attire at all times. Employees shall have the responsibility of cleaning and maintaining their uniform in a state of good repair. Employees may be required to replace their uniform if it is not in a state of good repair.
26.02 Every full-time employee who has passed their probationary period and is specifically required to wear a uniform shall receive a uniform allowance of up to a maximum of one hundred and fifty dollars ($150) (payable in two installments at the beginning of January and the beginning of July). The amounts will be prorated for employees that have not been employed for the full period prior to the payments. The calculation will be as follows: Prorated Uniform Allowance Payment = # of months employed X $75.00.
Where required to wear a uniform, part-time employee will receive a payment of eight point three cents (8.3¢) for every hour worked.
ARTICLE 27 - NO STRIKES OR LOCKOUTS
27.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lock-outs during the terms of this Agreement. The meaning of the words "strike" and "lock-out" shall be as defined in the Labour Relations Act, R.S.O. 199'5.
ARTICLE 28 ·DURATION AND TERMINATION
28.01 This Collective Agreement shall be effective from January 1st, 2016 to December 31st, 2017 and shall continue automatically thereafter during annual periods of up to one ( 1) year each, unless either party notifies the other in writing ninety (90) days prior to the expiration date that it desires to amend or terminate this Collective Agreement.
28.02 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Collective Agreement is not reached prior to the current expiration date, this Agreement shall be automatically extended until consummation of a new Collective Agreement or completion of the proceedings prescribed under the Labour Relations Act, 1995, of the Province of Ontario, and the Hospital Labour Disputes Arbitration Act, 1995, as amended, whichever should first occur.
43
ARTICLE 29 - PRINTING
29.01 The Employer and Union shall share equally the cost of printing of the collective agreements.
ARTICLE 30- RETROACTIVE PAYMENTS
30.01 The retroactive payment applies to wages only based on all hours worked since the date the Collective Agreement expired up to and including the date of ratification/award.
New rates shall be implemented the first pay period following ratification/date of award. Retroactive pay shall be payable as a separate deposit within two (2) whole pay periods of the ratification/date of award.
It is understood that retroactive payments will only be payable to those employees actively employed as of the date of ratification/award.
ARTICLE 31 -INVALIDITY
31.01 In the event of any legislation now in force or hereafter enacted invalidating the application of any section or article of this Agreement, the remainder of this Agreement shall remain in full force and effect. Where superior condition( s) exist in the Collective Agreement, such condition(s) will supersede relevant legislation.
ARTICLE 32- NEW CLASSIFICATION
32.01 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 provide the Union with the details within seven (7) days. In the event that the Union challenges the rate, the Union shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request shall be made within ten (10) days after the receipt of notice from the Employer of such new 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 final and binding upon the parties.
In the event that the Employer significantly alters the job content of an existing 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.
44
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 Board of Arbitration (or arbitrator as the case may be) shall be final and binding upon the parties.
The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date of the Employer's implementation of either of the above.
ARTICLE 33- COMPENSATION
33.01 Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and hourly rates of pay.
33.02 Errors in Pay
If an error in an employee's pay, caused by the Employer, results in an employee being underpaid by one (1) days' pay or more the employer will provide payment in the next three (3) working days, after being brought to the Employer's attention.
Signed at Ottawa, Ontario, this _ Gzy,...<'-+-"' ____ day of .Dece m be£ 2019.
FORTH~ E~~YER:
~~ FOR THE UNION:
.fauJ111!r iw.bNJ~
~~ ~
45
SCHEDULE "A"- WAGES
"The Edinburgh - SEIU Wage grid"
CLASSIFICATION Step Expired Jan Jan Nov Jan Jan Jul Jan up 1118 1119 7119 1120 1121 1121 1122
Start $13.11 $14.00 $14.28 $14.48 $14.77 $15.06 $15.06 $15.37 Dietary I Housekeeping I 1 Year $13.50 $14.28 $14.57 $14.77 $15.06 $15.36 $15.36 $15.67 Laundry Aide
2Year $13.89 $14.45 $14.74 $14.94 $15.24 $15.54 $15.54 $15.85 Start $14.87 $15.17 $15.47 $15.47 $15.78 $16.10 $16.10 $16.42
Driver 1 Year $15.29 $15.60 $15.91 $15.91 $16.23 $16.55 $16.55 $16.88 2 Year $15.96 $16.28 $16.60 $16.60 $16.94 $17.28 $17.28 $17.62 Start $14.45 $14.74 $15.03 $15.03 $15.33 $15.64 $15.64 $15.95
Reception 1 Year $14.89 $15.19 $15.49 $15.49 $15.80 $16.12 $16.12 $16.44 2Year $15.58 $15.89 $16.21 $16.21 $16.53 $16.86 $16.86 $17.20 Start $19.54 $19.93 $20.33 $20.33 $20.74 $21.15 $21.15 $21.57
Maintenance 1 Year $20.13 $20.53 $20.94 $20.94 $21.36 $21.79 $21.79 $22.23 2Year $20.75 $21.17 $21.59 $21.59 $22.02 $22.46 $22.46 $22.91 Start $23.75 $24.23 $24.71 $24.71 $25.20 $25.71 $25.71 $26.22
RPN 1 Year $24.32 $24.81 $25.30 $25.30 $25.81 $26.32 $26.32 $26.85 2Year $24.47 $24.96 $25.46 $25.46 $25.97 $26.49 $26.49 $27.02 Start $19.94 $20.34 $20.75 $20.75 $21.16 $21.58 $21.58 $22.02
UCP 1 Year $21.14 $21.56 $21.99 $21.99 $22.43 $22.88 $22.88 $23.34
2Year $22.39 $22.84 $23.29 $23.29 $23.76 $24.24 $24.24 $24.72 Start $14.56 $14.85 $15.15 $15.45 $15.76 $16.07 $16.27 $16.60
HCA I PSW I PCA 1 Year $14.94 $15.24 $15.54 $15.84 $16.16 $16.48 $16.68 $17.02
2Year $15.43 $15.74 $16.05 $16.35 $16.68 $17.01 $17.21 $17.56 Start $15.94 $16.26 $16.58 $16.78 $17.12 $17.46 $17.46 $17.81
Cook 1 Year $16.59 $16.92 $17.26 $17.46 $17.81 $18.17 $18.17 $18.53 2Year $17.01 $17.35 $17.70 $17.90 $18.26 $18.62 $18.62 $18.99 Start $14.16 $14.44 $14.73 $14.73 $15.03 $15.33 $15.33 $15.64
Prep I Asst Cook 1 Year $14.59 $14.88 $15.18 $15.18 $15.48 $15.79 $15.79 $16.11
2Year $15.02 $15.32 $15.63 $15.63 $15.94 $16.26 $16.26 $16.59 Start $14.56 $14.85 $15.15 $15.15 $15.45 $15.76 $15.76 $16.08
Activity Aide 1 Year $14.94 $15.24 $15.54 $15.54 $15.85 $16.17 $16.17 $16.49 2Year $15.43 $15.74 $16.05 $16.05 $16.37 $16.70 $16.70 $17.04
The above rates are to be implemented the payroll period following the dates mentioned above.
Note: These increases are to be paid retroactively by separate cheque to current employees within three full pay periods of the date of this Award.
46
LETTER OF UNDERSTANDING
BETWEEN
THE EDINBURGH RETIREMENT RESIDENCE
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA
RE: #1 : Bargaining unit Work
Persons outside the bargaining unit shall not perform work normally performed by employees in the bargaining unit.
Notwithstanding the above, it shall not be a violation of this article when management employees continue to perform the bargaining unit duties that they normally and usually performed prior to the date of this agreement
Signed at Ottawa, Ontario, this _....::.Co~+_h ___ day of 'bece VV\\oQ._( 2019 .
FORT~ER:
Cl{~
FOR THE UNION:
1/;uj/};t/J i~
~ ~--
47
