BETWEEN
COMMUNITY NURSING HOME PORT PERRY L TO
-AND-
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA
CLC
FULL TIME AND PART TIME
EFFECTIVE: OCTOBER 27, 2012
EXPIRY: OCTOBER 26, 2014
UNIT NO.: 702
INDEX
Article
ARTICLE 1 - PURPOSE .................................................................................................. 1 ARTICLE 2 - SCOPE AND RECOGNITION .................................................................... 1 ARTICLE 3 - MANAGEMENT RIGHTS ........................................................................... 2 ARTICLE 4- DEFINITIONS ............................................................................................. 3 ARTICLE 5 - UNION SECURITY ..................................................................................... 3 ARTICLE 6- NO STRIKES OR LOCK-OUTS ................................................................. .4 ARTICLE 7- UNION COMMITTEE AND STEWARDS ................................................... .4
7.04 Labour Management Committee .................................................................... 5 ARTICLE 8- GRIEVANCE AND ARBITRATION PROCEDURE .................................... 6
8.01 Complaints and Grievances ........................................................................... 6 8.05 Discharge Grievance ................................. ; .................................................... 7 8.06 Union Policy Grievance .................................................................................. 8 8.07 Group Grievance ...................................................... : ..................................... 8 8.09 Grievance Process ......................................................................................... 8 8.10 Sole Arbitrator ................................................................................................ 9
ARTICLE 9- SENIORITY ............................................................................................. 1 0 9.01 Effect of Absence ......................................................................................... 1 0 9.02 Full Time ....................................................................................................... 1 0 9.05 Seniority Lists ............................................................................................... 11 9.06 Loss of Seniority ........................................................................................... 11
ARTICLE 10- JOB SECURITY ..................................................................................... 12 1 0. 01 Layoff and Recall. ......................................................................................... 12 10.02 Lay-off Procedure ......................................................................................... 12 10.03 Recall Rights ................................................................................................ 13 10.04 Benefits on Layoff ......................................................................................... 14 10.06 Severance Pay .................................................................... ~ ........................ 14
ARTICLE 11 -JOB POSTING ....................................................................................... 14 11.08 Temporary Vacancies .................................................................................. 16 11.10 (a) Permanent Transfers .............................................................................. 17
ARTICLE 12- CONTRACTING OUT ............................................................................ 17 ARTICLE 13-WORK OF THE BARGAINING UNIT ..................................................... 17
13.02 Full Time/Part Time Ratio ............................................................................. 17 ARTICLE 14 -PRINTING OF THE COLLECTIVE AGREEMENT .................................. 17 ARTICLE 15- LEAVE OF ABSENCE ............................................................................ 17
15.02 Pregnancy and Parental Leave .................................................................... 18 15.03 Pregnancy Leave ......................................................................................... 18 15.·1 0 Parental Leave ............................................................................................ 20 15.11 Union Leave ................................................................................................. 22
15.13 Bereavement Leave ..................................................................................... 22 15.14 Jury and Witness Duty .................................................................................. 23 15.15 Educational Leave ........................................................................................ 23
ARTICLE 16 - HOURS OF WORK ................................................................................ 24 16.02 Work Schedule ............................................................................................. 24 16.03 Lunch or Meal Periods ............................... , ................................................. 25 16.04 Relief Periods ............................................................................................... 25
ARTICLE 17- PREMIUM PAYMENTS ......................................................................... 26 17.01 Overtime ....................................................................................................... 26 17.02 Shift Premium ................................................................................................... 26 17.03 Minimum Reporting Allowance ..................................................................... 26 17.04 Caii-Back ...................................................................................................... 27 17.05 Call-ln ........................................................................................................... 27
ARTICLE 18- UNIFORM ALLOWANCE ....................................................................... 27 ARTICLE 19 - HEALTH AND SAFETY .......................................................................... 28
19.01 Health And Safety ......................................................................... : .............. 28 19.11 Infectious Diseases ...................................................................................... 30 19.12 Violence in the Workplace ............................................................................ 30 19.13 Day of Mourning ........................................................................................... 31 19.16 No Harassment ............................................................................................ 31
ARTICLE 20- PAID HOLIDAYS .................................................................................... 31 ARTICLE 21 -ANNUAL VACATION .............................................................................. 32 ARTICLE 22- HEALTH AND WELFARE BENEFITS ................................................... 34
22.01 Same Sex Benefits ....................................................................................... 34 22.02 Health Tax .................................................................................................... 34 22.03 Group Life Insurance .................................................................................... 34 22.04 Dental Care .................................................................................................. 34 22.05 Vision Care ................................................................................................... 34 22.06 Change of Carrier ............................................................................................. 34 22.08 Benefit Grievance Resolution ....................................................................... 35 22.09 The Nursing Homes & Related Industries Pension Plan ... \ .......................... 36
ARTICLE 23 -INJURY AND DISABILITY ..................................................................... 39 ARTICLE 24- SICK LEAVE .......................................................................................... 40 ARTICLE 25 - COMPENSATION ................................................................................. .41
25.02 Temporary Transfers ................................................................................... .41 25.03 New Classification ....................................................................................... .41 25.05 Wage Progression ....................................................................................... .42
ARTICLE 26- BULLETIN BOARDS .............................................................................. 42 ARTICLE 27- PAY DAYS ............................................................................................. 42 ARTICLE 28- PERSONNEL FILES ............................................................................. .42
28.01 Letters of Reprimand ................................................................................... .42 ARTICLE 29- SEIU LOCAL 1 CANADA EDUCATION FUND ...................................... 43 ARTICLE 30- SUPERIOR CONDITIONS ...................................................................... 43 ARTICLE 31 -TERM ..................................................................................................... 43
SCHEDULE "A" ............................ ; ................................................................................ 45 SIGNING PAGE FOR LETTERS OF UNDERSTANDING ............................................ .46 1. Letter of Understanding re: Upgrading or Acquiring Education Qualifications ..... .46 2. Letter of Understanding re: Credit Check Letters ................................................ .47 3. Letter of Understanding re: Educational Leave ................................................... .47 LETTER OF UNDERSTANDING .................................................................................. .49
COLLECTIVE AGREEMENT
BETWEEN
COMMUNITY NURSING HOME PORT PERRY
(Here in after referred to as the "Employer")
-and-
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA- CLC.
(Here in after referred to as the "Union")
WHEREAS the Ontario Labour Relations Board has certified the Union as the bargaining agent for certain Employees of the Employer;
AND WHEREAS the parties hereto have agreed to enter into a Collective Bargaining Agreement upon the terms hereinafter set forth;
NOW THEREFORE THIS AGREEMENT WITNESSETH:
ARTICLE 1 - PURPOSE
1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the ~mployer and the Employees concerned and to provide for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all Employees within the Bargaining Unit.
ARTICLE 2 - SCOPE AND RECOGNITION
2.01 The Employer recognizes SEIU Local 1 Canada as the sole bargaining agent of all Employees in housekeeping, dietary, maintenance and laundry departments of Community Nursing Home Port Perry Ltd. in the City of Port Perry save and except supervisors, persons above the rank of supervisor and office and clerical.
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2.02 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 - MANAGEMENT RIGHTS
3.01 The Union acknowledges that the management of the Home and the direction of the working force are fixed exclusively in the Home, and without restricting the generality of the foregoing it is the exclusive function of the Employer:
a) to determine and establish standards, policies, and procedures for the care, welfare, safety, and comfort of the residents and the efficient operation and management of the Home;
b) to maintain order, discipline, and efficiency, and in connection therewith to establish and enforce reasonable rules and regulations. Such rules, etc. will be posted on the employees' bulletin board. The Management reserves the right to amend or abolish such rules, regulations, policies, and procedures or introduce new rules, etc. from time to time, copies of which are to be posted on the bulletin board. It is agreed that prior to changes being made under this clause the Employer shall notify the Union of such change and further agrees to consider any representation made by the Union with respect to such change;
c) To hire, transfer, lay-off, recall, promote, demote, classify, assign duties, discharge, suspend, or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion or classification or a claim that an employee, has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided;
d) To plan, direct, evaluate and control the work of the employees and the operations of the Home. This includes the right to introduce new and improved methods, facilities, equipment; to determine the type and amount of orientation and supervision necessary;
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e) The Employer agrees not to· exercise its' managerial rights in a manner inconsistent with the terms and conditions of this Collective Agreement and further agrees to abide by all applicable legislation governing Employers in the Province of Ontario.
ARTICLE 4 - DEFINITIONS
4.01 Full Time Employee is defined as an Employee in the bargaining unit who is employed on a regular basis for more than twenty-three (23) hours per week.
4.02 Part Time Employee is defined as an Employee in the bargaining unit who is employed on a regular basis for twenty-three (23) hours or less per week.
4.03 (a) Service shall be defined as the length of continuous employment with the Employer.
(b) Seniority shall be defined as the length of continuous employment with the Employer in the bargaining unit.
4.04 Any reference to Doctor will include, where necessary ahd appropriate, Nurse Practitioner.
ARTICLE 5 - UNION SECURITY
5.01 (a) Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any Employee because of membership in the Union.
(b) The Employer agrees to abide by the Human Rights Code.
5.02 (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 this Agreement has been ratified by the membership or awarded by and arbitrator, shall as a condition of employment, sign a union membership card and be subject to a one time administration fee (for newly hired Employees) and regular monthly Union 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.
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(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 the 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.
5.03 (a) Deductions shall be made from each pay in accordance with the Union's applicable one time deduction of administration fees for newly hired employees and dues rates, and forwarded to the Union's office on or before the fifteenth (15) day of the month after the month deductions are made.
(b) The Employer shall not deduct Union dues from any SUB plan payments and the Employer has no responsibility for·Union dues while an Employee is off on Pregnancy and/or Parental Leave.
5.04 The Union and its members shall hold the Employer harmless with respect to any liability that the Employer may incur resulting from deductions and remittances.
5.05 The parties agree that arrangements will be made for a Union Steward to interview each new Employee once during the first fifteen (15) days of employment for the purpose of informing such Employee of the existence of the Union in the Home, The Employer shall advise the Chief Union 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 interview, the duration of which shall not exceed fifteen (15) minutes per new Employee.
ARTICLE 6 - NO STRIKES OR LOCK-OUTS
6.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lock-outs during the term of this Agreement. The meaning of the words "strike" and "lock-out" shall be as defined in the Labour Relations Act, R.S.O. 1995.
ARTICLE 7 - UNION COMMITTEE AND STEWARDS
7.01 The parties mutually agreed that the Union has the right to elect or otherwise select a Collective Bargaining Committee consisting of two (2) representatives from the Home. All members of the aforementioned Committee shall be Employees of the Employer who have completed their probationary period. The Collective Bargaining Committee Members will be paid, by the Employer, a minimum of seven and one half (7 % ) hours per day for each day scheduled in
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negotiations of this Agreement or its successor agreement up to and including Interest Arbitration in the event this becomes necessary. Employees on the evening and night shift shall receive paid time off for all days spent at negotiations.
7.02 The Employer will recognize a Union Administrative Committee who shall consist of two (2) Union Stewards from the Home, selected by the Union one (1) of whom shall be the Chief Union 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.
7.03 The Employer shall pay Union Stewards /Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances up to and including the arbitration stage and while attending meetings with the Employer.
The Employer shall pay all grievers and witnesses their respective wages for all time spent with the Employer in meetings pertaining to the Employees employment.
7.04 Labour Management Committee
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, work load issues and any and all other issues that the parties deem appropriate.
All Union Committee members attending such meetings shall be paid their regular hourly rates or over time rates where applicable, for all time spent at such meetings. A Union staff member may attend as a representative of the Union. Meetings will be held quarterly unless otherwise agreed.
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CMI/RAI MDS 2.0
Recognizing the mutual objective of quality care, the Employer agrees to meet through the Labour Management Committee with the Union as soon as practicable after the receipt of the annual CMI/RAI MDS 2.0 results. The Employer agrees to provide the Union Representatives and Committee members with staffing levels, and staffing mix information; the impact of related payroll costs on staffing levels and a written notice of the CMI/RAI MDS 2.0 results for the facility.
The purpose of this meeting is to discuss the impact of the CMI/RAI MDS 2.0 changes on the staffing levels in the facility, and quality care, and provide the Union with an opportunity to make representation in that regard.
The parties shall meet as necessary to discuss other changes or workload issues.
The parties may invite additional participants to attend the meeting to support constructive review and discussion. ·
ARTICLE 8 -GRIEVANCE AND ARBITRATION PROCEDURE
8.01 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 or any other relevant Legislation.
(b) All complaints and grievances shall be taken up in the following manner:
Step No.1
An Employee having a question or complaint shall refer it to her immediate Supervisor within five (5) 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 she so desires. The Supervisor shall reply to the Employee and Union Steward (if involved) in writing giving the answer to the complaint or question within five (5) days from date of submission.
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Step No.2
If further action is taken, the grievance shall be submitted in writing to the Employees immediate Supervisor within ten (1 0) days of receipt of the Supervisor's reply at Step No. 1. Within a further ten (1 0) days of receipt of the written grievance, a meeting of the Administrator or her designate and her committee and a Union Committee, which shall include a SEIU Union Representative, shall take place and the Administrator shall have ten (1 0) days to study the matter and make her reply in writing to the Union Representative with a copy provided to each the grievor and the Union Steward.
Step No.3
If the reply of the Administrator, or her designate, is not satisfactory to the Union, the matter may then be submitted to arbitration and the following rules governing arbitration shall apply. The notification of arbitration shall be made within fifteen (15) days after the Union Representative has received the written response after the Step No. 2 meeting.
8.02 Any of the time allowances above may be extended by mutual agreement of the parties.
8.03 In determining the time within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and Paid Holidays.
8.04 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
8.05 Discharge Grievance
(a) In the event of 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.
(b) All such cases shall be grieved within ten (1 0) days (or such longer period as may be mutually agreed upon) of the date the Employee is notified in writing of her discharge.
(c) Such grievances will commence at Step No. 2 and 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, the Board of Arbitration, or a single arbitrator as the case may be.
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8.06 Union Policy Grievance
The Union may institute a grievance consisting of an allegation of a general misinterpretation or a violation by the Employer of this Agreement or Statute in writing at Step No. 2 of the grievance procedure, providing that it is presented within ten (1 0) days after the circumstances giving rise to the grievance become known.
8.07 Group Grievance
Where a number of Employees have similar grievances and each Employee would be entitled to grieve separately, they may present a group grievance identifying each Employee who is grieving to the Supervisor or her designate within ten (1 0) days after the circumstances giving rise to the grievance have come to the attention of the Employees. The grievance shall then be treated as being initiated at Step No. 2.
8.08 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or violation of this agreement (by the Union or any employee covered by this agreement), in writing, in accordance with Step Number 2 of the grievance procedure, by forwarding a written statement of said grievance to the SEIU Union Representative, providing it is presented within ten (1 0) working days after the circumstances giving rise to the grievance have originated or occurred.
8.09 Grievance Process
(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within fifteen (15) days after the Employer's decision at Step No. 3 of the grievance procedure.
Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration
(b) Grievance Mediation may commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties.
(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.
(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 the proceedings shall be made and legal counsel shall not be used by either party.
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(f) if possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Meeting.
(g) The Mediator will have the authority to meet separately with either party.
(h) If no settlement is reached through Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement.
(i) Settlement discussions or notes from such grievance mediation shall not be admissible at arbitration.
U) The Union and Employer will share the cost of the Mediator, if any.
8.10 Sole Arbitrator
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any grievance procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to the other party within fifteen (15) calendar days of the reply under step 3 of the grievance procedure.
(b) The arbitration procedure incorporated in this Agreement shall be based on the use of a single arbitrator.
The grieving party's notice as referenced in Article 8.10 above shall also contain a list of three (3) arbitrators for consideration. If none of the three (3) is chosen, then the other party shall, within one (1) week of the date of the first list, submit a list of three (3) different names for consideration. If none is selected, either party within seven (7) calendar days may ask the Minister of Labour to make an appointment.
Each of the parties will bare its own expense with respect to any arbitration proceedings. The parties will bear jointly the expenses of the arbitrator on an equal basis.
The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any part of this agreement, nor to make any decision inconsistent with the provisions thereof.
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ARTICLE 9 - SENIORITY
9. 0 1 Effect of Absence
Whenever the terms seniority and service are used in this Collective Agreement, they shall be deemed to refer to length of continuous employment, except where otherwise stipulated, subject to the following conditions:
(a) It is understood that during an approved absence both seniority and service shall continue to accrue.
(b) Benefits/Workplace Safety Insurance Act. Paid Leave
The Employer shall continue to pay premiums for all benefit plans for Employees who are on leave of absence or awaiting or receiving Workplace Safety Insurance benefits unless the Employer receives written notification from the Employee that they do not intend to continue to pay their portion of the benefit coverage. It is understood that the obligation of the Employer, to pay the previously mentioned benefits while an Employee is either collecting benefits or awaiting a decision from the WSIB shall continue for up to thirty-six (36) months following the date of the injury.
(c) For purposes of this provision, it is understood and agreed that absence on sick leave shall be considered a leave with pay.
9.02 Full Time
A new Employee shall be known as a probationary Employee until she has worked four hundred and fifty (450) hours.
The seniority of an Employee who has completed the probationary period shall date from four hundred and fifty (450) worked hours prior to the date on which the Employee completed her probationary period.
Part Time
A new Employee shall be known as a probationary Employee until she has worked three hundred (300) hours.
The seniority of an Employee who has completed the probationary period shall date from three hundred (300) worked hours prior to the date on which the Employee completed her probationary period or three (3) months, whichever is the earlier.
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9.03 The Employer agrees to consider the skill and ability of Employees in making promotions, transfers and staff reductions. In cases of promotions or permanent transfers of Employees, the skill, and ability of the Employees shall be considered. Where these things are equal, seniority shall be the determining factor.
9.04 Any questions having to do with the observance or non-observance of seniority may be the subject of a grievance and dealt with under the grievance procedure including the arbitration provisions.
9.05 Seniority Lists
The Employer shall supply to the Union Office and Chief Steward three (3) separate seniority lists, one for Part Time, one for Full Time Employees and one combined for both Full and Part Time in January and July of each year. Seniority lists shall include in seniority order, Employees' names, classifications, and their seniority status and starting dates.
9.06 Loss of Seniority
An Employee shall lose all seniority and his employment shall be deemed to be terminated if he:
(a) Voluntarily resigns
(b) Retires
(c) Is discharged for cause and not reinstated through the grievance procedure
(d) Is absent from work and not been offered or accepted a recall for more than twenty-four (24) months by reason of lay off;
The Union and the Employer agree to abide by the Human Rights Code.
(e) Fails to report on the first day following the expiration of a leave of absence·, unless a justifiable reason is given;
(f) Is absent for three (3) consecutive working days without notifying the Employer unless a satisfactory reason is given;
(g) Is off work due to illness or accident for a period of twenty-four (24) months;
(h) Fails to return to work within seven (7) calendar days after being recalled from lay-off by notice sent by registered mail, unless an explanation satisfactory to the Employer is given by the Employee;
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9.07 The Employer shall notify the Employee a minimum of thirty-one (31) days in advance in the event his benefits will cease due to absence as stated in (b) or (d) above.
ARTICLE 10 -JOB SECURITY
10.01 Layoff and Recall
In the event of a proposed layoff of a permanent or long-term nature, the Employer will:
(a) Advise the Union four (4) weeks in advance of the layoff (b) Meet with the Union to discuss ways to mitigate effects of the layoff
This notice is in addition to required notice for individual Employees.
In the event of a layoff of a permanent or long-term nature, the Employer shall provide affected Employees with notice in accordance with the Employment Standards Act.
10.02 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 to perform the work.
(b) An Employee who is subject to lay-off shall have the right to either:
(i) Accept the lay-off; 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 training and or orientation.
(iii) The decision of the Employee to choose (i) or (ii) above shall be given in writing to the General Manager within five (5) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
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10.03 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 skills and ability to perform the work.
In determining the skills of an Employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner.
(c) An Employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant.
(d) No new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(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 five (5) 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 lay-off 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 lay-off.
(g) A laid off Employee shall retain the rights of recall for a period of twentyfour (24) months.
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10.04 Benefits on Layoff
In the event of a lay-off, provided the Employee deposits with the Employer her share of insured benefits for the succeeding month (save for weekly indemnity for which laid-off Employees are not eligible) the Employer shall pay its share for a period of up to three (3) months fro111 the end of the month in which the lay-off occurs.
10.05 It is understood and agreed that if a Full Time Employee bumps a Part Time Employee as part of the above-noted procedure, the Full Time Employee is accepting the Part Time position only.
For these purposes, one (1) year Full Time seniority = one thousand eight hundred (1800) hours Part Time seniority.
10.06 Severance Pay
Severance Pay will be in accordance with the provisions of the Employment Standard Act.
ARTICLE 11 - JOB POSTING
11.01 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 such new jobs or vacancies for a period of ten (1 0) days, and shall stipulate the start date of the vacancy, qualifications, classification, rate of pay and department concerned.
The Employer agrees to provide the Chief Steward with a copy of each job posting.
11.02 The Employer shall post the successful applicant in writing within five (5) days of the removal of the posting and give copies to the Chief Steward.
11.03 No external applications for Bargaining Unit positions shall be considered until the internal process has been exhausted.
11.04 The Employer agrees to consider the seniority of Employees in making promotions, transfers, staff reductions. In cases of promotions, demotions, or permanent transfers of Employees, the skill and qualifications of the Employees shall be considered. Where these things are equal, seniority shall be used to determine the successful applicant.
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11.05 The successful applicant shall be placed in the trial new position for a period of three hundred and thirty-seven (337) working hours. This trial period may be extended by mutual agreement, but in any case, not longer than an additional one hundred and twelve (112) working hours. Such trial promotion or transfer shall become permanent after the trial period unless:
(i) The Employee feels that she is not suitable for the position, and wishes to return to her former position; or
(ii) The Employer feels that the Employee is not suitable for the position, and requires that she return to her former position.
It is understood and agreed that once the trial period has expired, the Employer no longer has the right to return an Employee to her former position and the Employee no longer has the right to return to her former position.
In the event of either (i) or (ii) above, the Employee shall return to her former position and salary without loss of seniority, any other Employee promoted or transferred as a result of the rearrangement of positions shall also be returned to her former position and salary without loss of seniority.
11.06 (a) Where vacancies are posted for Full Time positions and no Full Time applicants are successful in obtaining the posted positions, applications submitted for such posting from Part Time Employees shall be considered prior to consideration of persons not employed by the Home.
In the event one or more Part Time Employees apply, the Employer shall consider the qualifications, experience, ability and seniority of the applicants. Where these factors are equal, the applicant with the greatest seniority shall fill the vacancy provided she can perform the work.
(b) Where vacancies are posted for Part Time positions and no Full Time or Part Time applicants are successful in obtaining the posted positions, the Employer may consider applicants not employed by the Home.
For the purposes of Part Time job postings, Full Time seniority shall be converted into hours to determine the seniority of the Full Time applicant
(c) When an Employee is reclassified from the Full Time to Part Time, seniority in terms of days and years accumulated as a Full Time Employee shall be converted to seniority in terms of one (1) year equals eighteen hundred (1800) hours paid.
An Employee whose status is changed from Part Time to Full Time shall receive credit for her full seniority on the basis of one (1) year of seniority for each 1800 hours paid. Any time worked in excess of an equivalent shall be prorated at the time of reclassification.
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11.08 Temporary Vacancies
Any temporary Full Time vacancy with an anticipated duration of four (4) weeks or more shall be posted. Employees working less than seventy-five (75) hours bi-weekly shall be given the first opportunity to fill said vacancies. The Employer will outline to the Employee selected to fill the vacancy the anticipated conditions and duration of such vacancy.
In the event that a Part Time Employee is the successful applicant, the Part Time Employee shall retain her Part Time status during the temporary Full Time period.
Any temporary Part Time vacancy with an anticipated duration of four (4) weeks or more shall be posted. Employees working less than forty-five (45) hours biweekly shall be given the first opportunity to fill said vacancies. The Employer will outline to the Employee selected to fill the vacancy the anticipated conditions and duration of such vacancy.
In the event that a temporary vacancy is the result of an Employee absence, the returning Employee shall have the right to return to her former position.
An Employee filling a temporary vacancy of four (4) weeks or longer duration shall not bid on any other temporary posting until the end of her temporary position, unless an opportunity arises which allows a Part Time Employee to bid on a temporary Full Time posting.
Part Time Employees who fill temporary Full Time positions shall continue to be treated ·for all purposes as Part Time Employees. However, if the Part Time Employee continues in the temporary position for more than 14 months, and is receiving money in lieu of benefits, the Part Time Employee will be enrolled in the premium based benefits (being Full Time life insurance, extended health care and dental) and the money in lieu ceases. For any other purpose, the Employee continues to be treated for all purposes as a Part Time Employee. When the · temporary position ends, the Employee returns to her Part Time position, benefits cease, and money in lieu is reinstated.
11.09 Existing bargaining unit Employees, by Seniority shall be given the first opportunity to fill available hours caused by vacation. An Employee exercising her option shall not, as a result of such extra work, change her employment status (i.e. Part Time/ Full Time).
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11.10 (a) Permanent Transfers
If an Employee is transferred or reclassified to a higher or lower rated job group, she shall receive the wage rate that corresponds with her seniority.
ARTICLE 12 - CONTRACTING OUT
12.01 The Employer shall not contract-out any work performed by members of the bargaining unit for the life of this contract.
ARTICLE 13 -WORK OF THE BARGAINING UNIT
13.01 Persons excluded from the bargaining unit shall not perform duties performed by Employees in the bargaining unit only if required to assist residents in the event of an emergency.
13.02 Full Time/Part Time Ratio
Full Time positions shall not be split into two or more Part Time positions.
The Employer shall not schedule two (2) or more Part Time Employees to the extent of replacing, displacing or preventing the hiring of a Full Time Employee.
ARTICLE 14 -PRINTING OF THE COLLECTIVE AGREEMENT
14.01 The cost associated with the printing of the Collective Agreements will be shared equally by the Employer and the Union.
ARTICLE 15- LEAVE OF ABSENCE
15.01 The Employer may grant a request for a leave of absence without pay for extenuating personal reasons, provided that he receives at least three week's notice in writing, unless impossible, and that such leave may be arranged without undue inconvenience to the normal operations of the Home. Applicants must indicate the date of departure and specify the date of return.
If a leave of absence is granted, the Employee shall be advised in writing with a copy to the Union.
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15.02 Pregnancy and Parental Leave
Pregnancy and Parental Leaves will be granted in accordance with the Employment Standards Act of Ontario unless otherwise amended.
15.03 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 date of birth.
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 written notice of her intention to do so.
Additional leave of absence may be taken under Article 15.11, Parental Leave.
(d) An Employee on Pregnancy Leave who is in receipt of Employment Insurance Pregnancy Leave benefits shall be paid a Supplemental Employment Insurance Benefit.
That benefit will be the equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings (which for Part Time Employees shall include any in-lieu payment, if applicable) and the sum of her weekly rates of Employment Insurance Benefits. In any week, the total amount of SUB payments and the weekly rate of E. I. benefits will not exceed seventy-five percent (75%) of the Employee's regular weekly earnings.
Vested Interest- Employees do not have a right to SUB payments except for supplementation of E. I. benefits during the unemployment period as. specified in the plan.
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Other Income - Payments in respect to guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.
Such payment shall commence after the two (2) week employment insurance waiting period and shall continue while the Employee is in receipt of such benefits for a maximum period of seventeen (17) weeks.
The Employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal/average weekly hours. The regular hourly rate shall be calculated to include all of the Employee's insurable earnings as defined by the Employment Insurance System. The SUB top-up by the Employer would not take into account E.l. insurable earnings from sources other than this Home.
15.04 An Employee who does not apply for leave of absence under Article 15.03 (a) and who is otherwise entitled to Pregnancy Leave, shall be entitled to and shall be granted leave of absence in accordance with Article 15.03 (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. ·
15.05 During the period of leave, the Employer shall continue to pay the Employer's portion of hospital, medical, dental, group life, pension 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. If deductions for the Employee's share of the premiums are required, the Employer shall deduct these amounts from the SUB payments.
15.06 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. When an 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.
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15.07 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 accordance with the provisions of Article 15.06.
15.08 Credits for service and seniority for the purpose of salary increments, vacations, or any other benefit included and prescribed under the Employment Standards Act shall continue to accrue during the leave.
15.09 Upon expiry of seventeen (17) weeks Pregnancy Leave, an Employee may immediately commence Parental Leave, as provided under Article 15.11 of this Agreement. The Employee shall give the Employer at least two (2) weeks notice; in writing that she intends to take Parental Leave.
15.10 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 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.
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(e) An Employee must complete ten (10) months of continuous service immediately preceding the date of the birth of the child or the date the child first came into care or custody of the Employee to be eligible to be paid a supplemental Employment Insurance Benefit.
An Employee on Parental Leave who is in receipt of Employment Insurance Parental Leave benefits shall be paid a supplemental Employment Insurance Benefit.
That benefit will be the equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings (which for Part Time Employees shall include any in-lieu payment, if applicable) and the sum of her weekly rates of Employment Insurance Benefits. In any week, the total amount of SUB payments and the weekly rate of E. I. benefits will not exceed seventy-five percent (75%) of the Employee's regular weekly earnings.
Vested Interest- Employees do not have a right to SUB payments except for supplementation of E.l. benefits during the unemployment period as specified in the plan.
Other Income - Payments in respect to guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.
Such payment shall commence after the two (2) week employment insurance waiting period (if any) and shall continue while the Employee is in receipt of such benefits for a maximum period of ten (1 0) weeks.
The Employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal/average weekly hours.
The regular hourly rate shall be calculated to include all of the Employee's insurable earnings as defined by the Employment Insurance System.
The SUB top-up by the Employer would not take into account E. I. insurable earnings from sources other than this Home.
(f) For the purposes of Parental Leave under Article 15.11 Parental Leave, the provisions under 15.02, 15.05, 15.06, 15.07, 15.08, 15.09 and 15.10 shall also apply.
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15.11 Union Leave
(a) The Employer shall grant leave of absence to Employees to attend Union conventions, seminars, education classes, or other Union business. The Union agrees that such leave will not unduly affect the proper operations of the Home.
(b) In requesting such leave of absence, the Union will give fourteen (14) days notice, where possible, to the Employer, to be confirmed by the Union in writing.
(c) Employees on Union leave shall be maintained on normal pay and benefits. The Union and the Employer shall agree on the means of reimbursement to the Employer.
(d) Upon application by the Union in writing, the Employer shall give reasonable consideration to a request for leave of absence, without pay, to an Employee elected or appointed to a Full Time Union office. It is understood that not more than one (1) Employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of up to one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties. Seniority and service shall continue to accrue during such leave. It will become the responsibility of the Employee to reimburse the Employer for Employee's share of any applicable benefits in which the Employee is participating in during such leave.
15.13 Bereavement Leave
(a) Upon the death of an Employee's spouse (to include same sex partner), child or stepchild, mother, father, step parents, an Employee shall be granted leave up to a maximum of four (4) days without loss of pay.
(b) Upon the death of an Employee's mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, legal guardian, grandparent, grandchildren, son-in-law, or daughter-in-law the Employee shall be granted leave up to a maximum of three (3) days without loss of pay.
(c) In the event of a spring interment, an Employee may save one of the days identified above without loss of pay to attend the interment.
(d) An Employee shall be granted one (1) day bereavement leave without loss of pay on the death of his or her aunt or uncle, niece or nephew.
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(e) An Employee shall not be eligible to receive payment under the terms of Bereavement Leave for any period in which she is receiving payments for Holiday pay or Vacation pay.
Note: It is understood that if an Employee is on sick leave that the Bereavement Leave will not be charged against sick leave accumulated.
(f) Where it is necessary because of distance, the Employee may request an additional leave of absence without pay.
15.14 Jury and Witness Duty
If an Employee is required to serve as a juror 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 Home, the Employee shall not lose regular pay because of such attendance, provided that the Employee:
(a) notifies the Employer immediately on the Employee's notification that he will be required to attend at court;
(b) presents proof of service requiring the Employee's attendance; and
(c) Deposits with the Employer the full amount of compensation received, excluding mileage, traveling and meal allowance, and an official receipt thereof.
15.15 Educational 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 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.
(c) The Administrator may grant a request for unpaid leave of absence to upgrade employment qualifications, provided that she receives notice in writing and provided that such a leave may be arranged without undue inconvenience to the normal operations of the Home. Applicants, when applying, must indicate the date of departure and specify the date of return.
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15.16 An Employee who is elected or appointed to Federal, Provincial, Municipal or Regional Municipal office, who is required to be absent from work because of their elected or appointed duties shall upon written application to the Employer, be granted sufficient time on leave of absence to comply with their duties to a maximum of twelve (12) months in duration. Seniority and service shall continue to accrue during said leave of absence.
It will become the responsibility of the Employee to reimburse the Employer for her share of payment of any applicable benefits in which the Employee is participating during such leave of absence.
ARTICLE 16 - HOURS OF WORK
16.01 (a) The regular hours of work for Full Time Employees shall be seven and one-half (7 Yz) hours in a day and seventy-five (75) hours in a bi-weekly period, exclusive of meal periods.
16.02 Work Schedule
(a) The following regulations shall govern the scheduling of hours of Employees in the bargaining unit. Shift schedules shall be arranged as follows
(i) No Employee shall be scheduled to work more than six (6) consecutive days;
(ii) Full Time Employees shall receive a minimum of every other weekend off
This scheduling provision does not apply when Employees mutually agree to exchange shifts or when an Employee accepts or requests a shift at her own discretion.
(iii) During the changeover from daylight Savings Time to Eastern Standard Time, or vice-versa, all Employees shall be compensated at the applicable regularly hourly rate of pay or overtime rate of pay for actual hours worked.
(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 respective Supervisor one (1) week in advance of posting.
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All Employees who work on an assigned day off, at the . Employers' request, as per the posted schedule, shall be paid overtime at the rate of time and one-half (1 Yz) times her hourly rate of pay for all hours worked.
(c) The Employer agrees to ensure that the posted work schedules reflect all Employees a period of a minimum of eleven (11) consecutive hours free from scheduled 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 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 scheduling of split shifts.
(f) The Employer agrees that there shall be no rotation of shifts.
16.03 Lunch or Meal Periods
(a) All scheduled shifts that exceed five (5) hours shall be entitled to a minimum of one half hour meal period.
(b) The Employer shall provide meals at a reasonable cost to all Employees.
16.04 Relief Periods
Employees shall be entitled to paid relief periods as near to the midpoint of each half of their shift in the event of a shift that exceeds three and one half (3 Yz) hours.
Shift Length:
-Up to, and including 3.5 hours -More than 5 hours
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Relief Periods:
1 - 15 minute break 2- 15 minute breaks
ARTICLE 17- PREMIUM PAYMENTS
17.01 Overtime
(a) Authorized work performed in excess of seven and half hours (7 %) per day or 75 hours bi-weekly, shall be constitute overtime work and the Employee shall be paid at the rate of one and one-half times (1 %) her regular hourly rate of pay.
(i) Employees shall have the option to accept the overtime hourly rate of pay or to take lieu time off equivalent to the overtime hourly rate of pay.
(b) Employees for their own personal convenience may arrange to change shifts with other Employees, with the prior approval of the Administrator or her Designate. Such permission shall not be unreasonably withheld.
(c) In the event that an Employee is required to work beyond seven and one half (7 %) consecutive hours, the Employer shall provide the Employee the option of either a supplied meal or ten dollars ($1 0.00) in lieu thereof.
(d) Overtime shall be based on the Employee's regular rate of pay and there shall not be any pyramiding of overtime under this Article.
(e) An Employee who is absent on paid time during her scheduled work week shall be considered as if she had worked during such absence for the calculation of eligibility for overtime rates of pay.
17.02 Shift Premium
(a) Employees shall be paid a premium of thirty-five cents ($0.35) per hour worked for all evening or night shifts.
Weekend Premium
(b) Employees shall be paid a premium of forty cents ($0.40) per hour worked between the start of the shift commencing on or about 2300 hours each Friday, and the end of the shift ending on or about 2300 hours each Sunday.
17.03 Minimum Reporting Allowance
In the event that an Employee reports for work at her regular scheduled shift start time she shall be entitled to a minimum of four (4) hours pay. In the event that there is no work available, if requested by the Employer, the Employee shall perform a minimum of four (4) hours of such reasonable available work as the Employer may assign.
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17.04 Call-Back
In the event that Employees are called back to work after leaving the Home upon completion of their shift, such Employees shall receive a minimum of four (4) hours pay at time and a half their regular hourly rate of pay.
17.05 Call-In
(a) "Call In" shall be defined as the calling in to work at the Employer's request of an Employee on any assigned time off as per the posted schedule.
(b) Employees who are called in shall be paid overtime at the rate of one and one half (1 %) times their hourly rate of pay for all hours worked.
(c) Where the call in is requested within one-half(%) hour of the starting time of the shift and the Employee commences work within one (1) hour of the receipt of the call, the Employee shall be paid as if the entire shift had been worked, provided she completes the shift for which she was called in.
(d) All call-in of shifts shall be offered in order of seniority on a rotational basis as follows:
(i) First by seniority to Full Time Employees whose regularly scheduled hours are less than seventy five (75) hours biweekly.
(ii) Followed by seniority to Part Time Employees to a maximum of seventy five (75) hours biweekly.
(iii) Followed by, in the event (i) and (ii) have been exhausted and overtime rates of pay are applicable, first to Full Time Employees by seniority prior to offering the work to Part Time Employees by seniority.
ARTICLE 18- UNIFORM ALLOWANCE
18.01 (a) The Employer agree to pay a uniform allowance of one hundred and forty dollars ($140.00) per year to all Full-time employees and eighty dollars ($80.00) per year to all part-time employees.
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ARTICLE 19- HEALTH AND SAFETY
19.01 Health And Safety
(a) The Employer and the Union agree that they mutually desire to maintain standards of health and safety in the Home, in order to prevent accidents, injury and illness.
(b) Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its Occupational Health and Safety Committee, at least one (1) SEIU Local 1 Canada representative selected or appointed by the Union.
(c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs, and recommend actions to be taken to improve conditions related to Occupational Health and Safety.
(d) The Employer agrees to co-operate reasonably in providing necessary information to enable the Committee to fulfill its function.
(e) Meetings shall be held quarterly or more frequently at the call of the Chair, if required. The Committee shall maintain Minutes of all meetings and make the same available for review.
(f) All time spent by a member of the Occupational Health and Safety Committee attending meetings of the Committee and carrying out her or his duties shall be deemed to be time worked for which she or he shall be paid by the Employer at her or his regular hourly rate of pay, as may be applicable, and she or he shall be entitled to such time from her or his work as is necessary.
(g) The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify the worker representative for classes that are held in classrooms. For online courses the Employer will provide time during working hours to complete the training or the employee may learn at their own pace at home and upon successful completion of the course they will be granted two lieu days to be used at a mutually agreeable time.
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 his or her physical inspection of a workplace, or any part or parts thereof. Where a worker certified member is not 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
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19.02
knowledge, experience and training, to represent it, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof.
(h) 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 work place together 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 member representing workers to inspect the workplace. Where possible that member shall be a certified member. 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. Scheduled time spent in all such activities shall be considered as time worked.
The Joint Health and Safety Committee and the representatives thereof shall have access to incident Accident Report Form required in S.51, 8.52 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 nonfatal cases that required medical aid without lost workdays, the incidence of. occupational iniuries, 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 whi.ch is confidential. This information shall be a standing item recorded in the minutes of each meeting.
The parties will abide by the Occupational Health and Safety Act.
The parties agree that if incidents involving aggressive client action occur, such action will be recorded and reviewed by the Occupational Health and Safety Committee. Reasonable steps within the control of the Employer will follow to address the legitimate health and safety concerns of employees presented in that forum.
The parties further agree that suitable subjects for discussion at the Labour Management Committee will include aggressive residents.
The parties further agree that in-service will be arranged on an as needed basis to provide education related to aggressive residents.
All time spent by a member attending meetings of any Employer designated committee shall be deemed to be time worked for which she or he shall be paid by the Employer at her or his regular hourly rate of pay, as may be applicable.
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19.11 Infectious Diseases
The Employer and the Union desire to arrest the spread of infectious diseases in the Home.
The Joint Occupational Health and Safety Committee shall be involved in all infection control programs and protocols including surveillance, outbreak control, isolation precautions, worker education and training, and personal protective equipment training.
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.
19.12 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 her work. The parties agree this 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 she has been subjected to such incident shall report this to a Supervisor who will make every reasonable effort to rectify the situation immediately.
(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 shall 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 her work. Such information shall be submitted in writing to the Union as soon as possible.
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19.13 Day of Mourning
The Employer agrees that each year on April 28 at 11:00 am, one minute of silence shall be observed in memory of workers killed or injured on the job.
19.15 The parties agree that if incidents in the workplace involving aggressive resident and/or family action occur, such action will be recorded and reviewed at the Occupational Health and Safety Committee.
19.16 No 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.
Where a bargaining unit member complains of harassment by another bargaining unit member, she shall bring such complaint to the attention of the Employer and the Union. 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 Union Steward. If the complaint directly or indirectly involves the complainant's Supervisor or a Union Steward she may contact an alternate person in management or the Union Representative to ensure that the complaint is handled in a discreet, confidential and timely fashion.
Should the complainant not be satisfied with the response she is entitled to file a grievance under the terms of this Collective Agreement and in compliance with Legislation.
ARTICLE 20 - PAID HOLIDAYS
20.01 (a) the following days shall be recognized as Paid Holidays:
New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Family Day
Labour Day Thanksgiving Day Christmas Day Boxing Day Float (2)
The anniversary date of an Employee's employment shall be one (1) of the paid floating holiday. The float holiday shall be taken within thirty (30) days following the anniversary date or by mutual agreement between the Employer and the Employee.
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(b) For clarification purposes of when a Paid Holiday begins and· ends the first shift of the day shall be the shift where the majority of hours are completed by 8:00a.m.
20.02 An Employee shall qualify for Holiday pay if the Employee worked her scheduled day before or scheduled day after the Holiday.
20.03 An Employee who is required to work on any of the above mentioned Paid Holidays shall receive pay at the rate of one and one-half ( 1 Yz) times her hourly rate for all hours worked on the Paid Holiday.
20.04 An Employee who is absent on any of the above named Paid Holidays after being required to work forfeits all pay for that day unless absence is due to illness verified by doctor's certificate, if required by the Employer, in which case the Employee will receive straight time for such Paid Holiday. In the event that the Employer requests a doctor's certificate, the Employer shall reimburse the Employee for the doctor's certificate.
20.05 If one of the above-named Paid Holidays occurs on an Employee's regular day off or during her vacation period, the Employee shall receive an additional day off in lieu thereof or a day's pay. This option shall be the right of the Employee but must be submitted in writing to the employer.
ARTICLE 21 -ANNUAL VACATION
21.01 (a) Employees covered by this Agreement shall receive annual vacation with pay on the basis of service as follows:
(b) Year(s) of Service Vacation Time and Pay
One (1) year or more but less than three Two (2) weeks paid time off and four (3) years percent (4%) of previous year's gross
earnings Three (3) years or more but less than Three (3) weeks paid time off and six seven (7) years percent (6%) of previous year's gross
earnings Seven (7) years or more but less than Four (4) weeks paid time off and eight
twelve (12) years percent (8%) of previous year's gross earning.
Twelve (12) years or more but less than Five (5) weeks paid time off and ten eighteen (18) years percent (1 0%) of previous year's gross
earning. Eighteen (18) years or more Six (6) weeks paid time off and twelve
percent (12%) of previous year's gross earning.
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(d) The following procedures regarding the scheduling of vacations, will apply:
(i)
(ii)
(iii)
(iv)
(v)
A vacation planner shall be posted at the Home on February 15th of each calendar year.
Employees shall indicate their Vacation preferences on the vacation planner on or before March 15th of each calendar year.
The vacation planner shall be reposted by March 30th of each calendar year with preferences granted on the basis of seniority.
All employees who did not receive their original requested vacation time shall then have a second opportunity, between April 1st and April 15th of each calendar year. Requests shall be granted in accordance with seniority.
In the event that an Employee does not submit her vacation request on or before April 15th , her request shall be granted on a first come first serve basis and seniority shall not apply.
21.02 Vacation pay for Employees, shall be paid as a percentage of previous years gross earnings.
21.03 For the purpose of calculating eligibility for increased entitlement and vacation pay, the vacation year shall be July 1st to June 30th.
21.04 The periods at which Employees shall take vacation shall be based on the selection by the Employees according to seniority in each department but shall be finally determined by the Employer having due concern for the proper operation of the Home.
21.05 The Employer may pay vacation pay as part of the regular pay. In such circumstances, the Employer undertakes that the rate of income tax on the vacation pay will not change unless the vacation pay changes the Employee's annual tax bracket.
Vacation pay for all Employees, shall be proportional to the amount of time off scheduled in relation to the Employee's entitlement for vacation.
Unless the Employee requests otherwise, vacation pay will be paid in the first pay period that occurs during the scheduled vacation. If the Employee provides the appropriate notice, the payment will be made prior to or following the vacation as requested. The Employer shall notify Employees of their options and provide the appropriate forms as part of the vacation scheduling process.
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21.06 Employees who have lost their seniority and have terminated their employment as set out in Article 9.06 herein between vacation periods, shall upon termination of employment be paid all outstanding vacation pay based on the amount of vacation pay to which such Employee is entitled from the last cut off date prior to the date of termination, to the date of termination. Such vacation pay shall be paid no later than the next regular payroll date.
ARTICLE 22- HEALTH AND WELFARE BENEFITS
22.01 Same Sex Benefits
A same sex spouse shall be eligible to be a dependent for insured benefits.
22.02 Health Tax
The Employer agrees to pay one hundred per cent (1 00%) of the health premium and tax for all Employees.
22.03 Group Life Insurance
The Employer shall pay 100% of the billed premium for a group life insurance plan in the amount of $20,000 together with AD & D coverage.
22.04 Dental Care
The Employer shall pay fifty percent (50%) of the billed premium of the Blue Cross #9 current ODA Dental Plan less one year.
22.05 Vision Care
The Employer shall provide a vision care plan with a maximum benefit to $250 per 24 months for each eligible Employee and their dependents. The Employer shall pay 1 00% of the billed single/family premium for Employees who participate in the plan.
22.06 Change of Carrier
The Employer shall provide to each Employee a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. The Employer shall not change the carrier of the Insurance plan unless the proposed plan is equivalent or greater than the current plan.
22.07 Part-time employees will receive seven percent (7%) per hour in lieu of Benefits.
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22.08 Benefit Grievance Resolution
Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows:
(a) The Union or Employer shall file a written grievance within ten (1 0) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers.
(b) Within 10 days of filing a grievance, the parties shall meet with to resolve the grievance.
(c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided.
(d) The arbitrator shall, in her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate.
(e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute.
(f) The arbitrators for this process shall be Norman Jesin and Laura Trachuk.
If additional arbitrators are necessary, Norman Jesin shall remain seized to appoint these, if the parties are unable to agree.
(g) The arbitrator shall render a decision within ten (1 0) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given.
(h) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured.
(i) This process shall commence immediately for all self insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self insured benefit.
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U) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights.
(k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case.
(I) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Norman Jesin, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.
Any such dispute already under way, in respect of which an arbitrator has not been appointed, shall proceed under this process. This process shall commence immediately for all self insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall also apply to insured benefits.
22.09 The Nursing Homes & Related Industries Pension Plan
1. 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.
"Eligible Employee" is defined as Full Time and Part Time Employees in the bargaining unit who has completed nine hundred and seventy five (975) hours of service.
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.02 Each eligible Employee covered by this collective agreement shall contribute from each pay period an amount equal to four percent (4%) 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 (4%) of applicable wages to the plan.
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 the 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 .
. 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.
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For further specificiiy, ihe iiems required for each Eligible Employee by .05 above of the agreement 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.
22.10 Where Legislation or the Plan prohibits an Employee from contributing to NHRIPP because of age, an amount equivalent to the deductions in Article 22.11 will be directed to a Mutual Fund of the Employee's choice.
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22.11 Once an employee reaches age 70 and she continues to be employed she shall automatically receive seven percent (7%) in lieu, plus the sick leave accrual application to part-time employees.
ARTICLE 23- INJURY AND DISABILITY
23.01 Where an Employee is absent due to illness or injury which is compensable by the WSIA, the following shall apply:
(a) The Employee shall not be eligible for Paid Holidays, sick leave, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by the WSIA.
(b) Provided that the Employee returns to work, time spent receiving Work Place Safety Insurance benefits shall be considered as time worked for the purpose of calculating seniority, service and vacation entitlement under the terms of the Agreement.
23.02 In the case of an absence due to a compensable illness, injury or accident, the Employee shall be paid at her regular rate of pay for all scheduled hours on the day of the accident.
23.03 In the case of an absence due to a compensable injury or accident, where the anticipated length of such absence is anticipated to exceed four (4) consecutive weeks, the Employer shall post notice of the vacancy in accordance with the job posting procedure (Article 11.08) of this Agreement.
23.04 (a) In the event that an Employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions.
In the event that an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of service and seniority benefits. (This would be affected by the returning Employee displacing the Employee with the least seniority in the classification to which she is returning.) All seniority and service shall continue to accrue during and absence due to a work related illness, injury and/or accident.
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23.05 If, on the recommendation of the WSIB or the attending physician, the employee is capable only of performing work of a different kind or of a lighter nature, the employee shall be accommodated in a manner consistent with Ontario Human Rights Code, and the Workplace Safety and Insurance Act.
ARTICLE 24 - SICK LEAVE
24.01 Pay for sick leave is for the sole and only purpose of protecting Employees against loss of income and will be granted to all Employees on the following basis:
(a) Absence for injury compensable under the provisions of the Workplace Safety and Insurance Act shall not be charged against sick leave credits.
(b) Employees shall be credited with one and one-half (1- Yz) days of sick leave per month based on the number of hours for each respective employee's scheduled shift. Providing credits are available, Employees will be eligible to claim one hundred percent (100%) of scheduled lost time due to illness for the first two (2) calendar weeks during any one illness.
(c) Where an Employee's scheduled vacation is interrupted due to an illness, the period shall be considered sick leave provided the Employee provides satisfactory documentation of the illness if requested by the Employer. The Employer shall pay all associated costs pertaining to such request. The portion of the Employee's vacation which is deemed to be sick leave under the above provision will not be counted against the Employee's vacation credits.
It is understood that the Employer shall, reschedule vacation at a mutually agreeable time, for an Employee whqse vacation is interrupted by an illness.
(e) The Employer may request proof of disabling accident or illness:
(i) For any absence in excess of three (3) consecutive days;
The Employer shall exercise discretion in making such requests.
In the event that the Employer requires a sick leave certificate and the doctor charges the Employee for such certificate outside OHIP, the Employer shall pay for the certificate and any and all associated costs of obtaining said certificate.
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(f) The Employer shall notify the Employees of their accumulation of sick leave on request.
(g) An Employee who is absent due to pregnancy related illness may be eligible for sick leave under the sick leave plan.
ARTICLE 25 - COMPENSATION
25.01 (a) Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and hourly rates of pay.
(b) 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".
25.02 Temporary Transfers
When an Employee is assigned temporarily to perform the duties of a higher paying classification in the bargaining unit, she shall be paid the corresponding wage rate based on her years of service.
25.03 New Classification
When a new classification (which is covered by the terms of this agreement) is established by the Employer, the Employer shall determine the rate of pay for such new classification and 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 (1 0) 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 alters the job content of an existing classification, the Employer agrees to meet with the Union to permit the Union to make representation with respect to the appropriate rate of pay.
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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.
25.05 Wage Progression
Employees within their position classification shall progress from the "start rate" to the "one year rate" and so on, on the basis of years of service worked for Full Time and 1 ,800 hours worked for Part Time at the "start rate" to the "one year rate" and so on. Part Time hours worked and paid for, and hours not worked and paid for by the Employer and hours not worked and paid for under the Workplace Safety and Insurance Act and probationary hours shall be considered hours worked for the purpose of computing eligibility to progress to the next higher rate within their position classifications.
ARTICLE 26- BULLETIN BOARDS
26.01 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 Home in such place so as to inform all Employees in the bargaining unit of the activities of the Union.
ARTICLE 27- PAY DAYS
27.01 In the event of an error, in the form of an overpayment, on an Employee's pay, the correction shall be made, with the written authorization of the Employee, in a manner that the Employer and Employee agree upon. If the error results in an underpayment to the Employee by one (1) days pay or more, the Employer shall provide payment for the shortfall within three (3) days from the date that the Employer is notified of the error.
ARTICLE 28 - PERSONNEL FILES
28.01 Letters of Reprimand
(a) Letters of reprimand are to be removed from an Employee's personnel file after twelve (12) months from the date of discipline, provided that the Employee has remained discipline free during that
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period, except in the case of incidents· involving residents in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the twelve (12) month period noted above.
Suspension
(b) Records of suspension are to be removed from an employee's personnel file after eighteen (18) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of incidents involving residents in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the eighteen (1/8) month period noted above.
(c) Upon provision of at least one week's notice to the Administrator or her designate, an Employee shall be entitled to view her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein in the presence of a supervisor at a mutually satisfactory time.
ARTICLE 29 - SEIU LOCAL 1 CANADA EDUCATION FUND
29.01 The Employer agrees to contribute two cents ($0.02) per hour per Employee for all paid hours for the purpose of providing education. Such monies shall be paid on a quarterly basis into the Service Employees' International Union Local 1 Canada Education Fund.
ARTICLE 30- SUPERIOR CONDITIONS
30.01 The Parties agree that current Superior Conditions shall be maintained.
ARTICLE 31 - TERM
31.01 This Collective Agreement shall continue in effect until October 26, 2014, 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.
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31.02 In the event of such notification being given as to amendment of this Collective Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification.
31.03 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.
DATEDTHIS ·t~dayof ()cfoW ,2013
ON BEHALF OF UNION ON BEHALF OF THE EMPLOYER
a~~
SAR/sp
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SCHEDULE "A"
Classification Step Oct. 23, 2011 Oct. 27, 2012 Oct. 27, 2013 $0.50 + 2%
Cooks Start $19.36 $19.36 $19.36 Year 1 $21.01 $21.01 $21.01 Year2 $21.41 $21.41 $21.41 Year 3 $21.66 $21.66 $21.66
Classification Step Oct. 27, 2011 Oct. 27, 2012 Oct. 23, 2013 +2%
Dietary Aides Start $17.79 $17.79 $17.79 Year1 $19.44 $19.44 $19.44 Year2 $19.84 $19.84 $19.84 Year3 $20.09 $20.09 $20.09
Housekeeping Start $17.79 $17.79 $17.79 Year1 $19.44 $19.44 $19.44 Year2 $19.84 $19.84 $19.84 Year3 $20.09 $20.09 $20.09
Laundry Start $17.79 $17.79 $17.79 Year1 $19.44 $19.44 $19.44 Year2 $19.84 $19.84 $19.84 Year3 $20.09 $20.09 $20.09
Maintenance Year3 $23.46 $23.46 $23.46
A lump sum payment equal to one percent 1% of wages calculated based on all hours paid, including vacation pay, for the period October 27, 2011 to October 26, 2012. This payment is to be made within thirty (30) days of August 7, 2013.
A lump sum payment equal to one percent 1% of wages calculated based on all hours paid, including vacation pay, for the period October 27, 2012 to October 26, 2013. This payment is to be paid no later than November 30, 2013.
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SIGNING PAGE FOR LETTERS OF UNDERSTANDING
BETWEEN
THE EMPLOYER
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA C.L.C.
#1 - Upgrading or Acquiring Educational Qualifications
#2- Credit Check Letters
#3 - Educational Leave
HJ'J _)_.. Signed in Port Perry this ;g day of ~c:J 0 be..r' 2013.
ON BEHALF OF THE UNION BEHALF OF THE EMPLOYER
~~!J&j/ . ~~·
1. Letter of Understanding re: Upgrading or Acquiring Education Qualifications
If the Ministry of Health and Long Term Care requires Employees to take courses to upgrade or acquire new employment qualifications, the parties shall meet and deal with the issue prior to the implementation of the above.
Failing agreement, this matter may be referred to Arbitration. The Arbitr~tor will remain seized of this issue.
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2. Letter of Understanding re: Credit Check Letters
Upon written request to the Administrator, and with reasonable notice, the Employer will provide an Employee a letter of employment in the following format. Employees will not make such requests more than three times per year.
(Letterhead) Date
To Whom It may concern:
This letter will confirm Emolovee has been employed by ----=E=m""'p:;,:,lo=-y<-=e;..:..r ___ since date of hire.
Emolovee is currently employed as a(n) classification. The current hourly rate for this position is=$ __ _!.
For the calendar year (year), _ __,(..=E:..:....:m..:.J:p~lo=...Jy<-=e=e-='s:..t...) __ earnings, per T 4 statement, were$ ___ _
Administrator
Home
3. Letter of Understanding re: Educational Leave
Subject to Article 15.15 in circumstances where the qualification upgrades are for positions within the Home, the employer may grant the request provided that she meets the following conditions:
The Employee provides confirmation of acceptance into the education program from the educational institution within two (2) weeks of commencement of the program.
The Employee must immediately notify the employer, within two (2) weeks, if she withdraws from the program.
In the event an Employee withdraws from the program, the approved leave will cease.
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The failure to provide the above will result in the withdrawal. of the employer's approval of the requested leave.
The Employee's position shall be posted as temporary for the duration of the program. At the end of the program the Employee shall be returned to her position. The Employee will remain eligible during the term of the program to apply for temporary positions at the Home and her application will be considered under the provisions of the collective agreement. If requested by the Employee, the Employee shall be considered for call in hours based on the Employee's availability, which shall be submitted by the Employee in writing on a bi weekly basis or as agreed between the Employee and employer.
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LETTER OF UNDERSTANDING
BETWEEN
THE EMPLOYER
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA C.L.C.
For the duration of the Collective Agreement, the parties will follow the following procedure:
1. Unless an employee requests otherwise, when she is scheduled to work a weekend where a paid holiday falls on the Monday or the Friday, the Employer shall endeavour to also schedule her to work the paid holiday.
2. Unless an employee requests otherwise, when she is schedule off on a weekend where a paid holiday falls on the Monday or Friday, the Employer shall endeavour to schedule the employee off on the paid holiday.
Signed in Port Perry this ;c;/' day of 0 c:fa~e..r' 2013.
ON BEHALF OF THE UNION
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