COLLECTIVE AGREEMENT
Between
University Health Network PRINCESS MARGARET HOSPITAL
(hereinafter referred to as the “Hospital”)
And
SEIU LOCAL 2. on/BREWERY, GENERAL & PROFESSIONAL
WORKERS UNION
(hereinafter referred to as the “Union”)
EFFECTIVE DATE: APRIL 1, 2006
EXPIRY DATE: MARCH 31, 2009
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TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1
PURPOSE …………….……………………………………………………..
3
ARTICLE 2 RECOGNITION ………………………………………………………….… 3
ARTICLE 3 MANAGEMENT RIGHTS ………………………………………….……... 3
ARTICLE 4 NO STRIKES OR LOCKOUTS …………………………………………… 4
ARTICLE 5 UNION SECURITY AND CHECK-OFF OF UNION DUES ……….…….. 4
ARTICLE 6 UNION REPRESENTATION ……………………………………………… 4
ARTICLE 7 GRIEVANCE PROCEDURE ………………………………………………. 5
ARTICLE 8 PROBATIONARY PERIOD ……………………………………………….. 8
ARTICLE 9 SENIORITY ………………………………………………………………... 8
ARTICLE 10 HOURS OF WORK ………………………………………………………... 10
ARTICLE 11 OVERTIME ………………………………………………………………… 12
ARTICLE 12 PAID HOLIDAYS ………….…………………………………………….… 12
ARTICLE 13 VACATIONS ………………………………………………………………. 13
ARTICLE 14 HEALTH AND INSURED BENEFITS ….………………………………… 15
ARTICLE 15 SICK LEAVE ………………………………………………………………. 16
ARTICLE 16 LEAVE OF ABSENCE …………………………………………………….. 18
ARTICLE 17 JOB POSTING ……………………………………………………………... 19
ARTICLE 18 COMPENSATION ……………………………………………………….… 20
ARTICLE 19 SUBCONTRACTING ……………………………………………………… 21
ARTICLE 20 BULLETIN BOARD ……………………………………………………….. 21
ARTICLE 21 CORRESPONDENCE ……………………………………………………... 21
ARTICLE 22 DURATION ………………………………………………………………... 22
ARTICLE 23 APPENDIX - TERMS AND CONDITIONS ………………………….…... 22
APPENDIX "A" ………………………………………………………………………………... 23
LETTER OF UNDERSTANDING ………………………………………………………….…. 24
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ARTICLE 1 - PURPOSE
1.01 The purpose of this Agreement is to establish an orderly collective agreement relationship
between the Hospital and the employees represented by the Union, which will not
interfere with the successful operation of the Hospital as a public service institution
intended to provide the finest hospital and clinical services to patients with cancer.
ARTICLE 2 - RECOGNITION
2.01 The Hospital recognizes the Brewery, General & Professional Workers Union
(BG&PWU), as the bargaining agent of all security guards employed by Princess
Margaret Hospital in the Municipality of Metropolitan Toronto, save and except
supervisors, persons above the rank of supervisor, persons regularly employed for not
more than twenty-four (24) hours per week and students employed during the school
vacation period.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Union acknowledges that the management of the Hospital and the direction of the
working force are fixed exclusively in the Hospital and shall remain solely with the
Hospital except as specifically limited by an express provision in this Agreement.
Without restricting the generality of the foregoing, the Union acknowledges that it is the
exclusive function of the Hospital to:
a) maintain order, discipline and efficiency;
b) hire, retire, assign, direct, classify, discharge, suspend or otherwise discipline
employees, schedule, transfer, promote, demote, lay-off and recall employees,
provided that a claim by an employee who has completed his probationary period
that he has been discharged or disciplined without just cause may become the
subject of a grievance and may be dealt with in accordance with the grievance
procedure;
c) establish and enforce rules and regulations to be observed by employees provided
that they are not inconsistent with the provisions of this Agreement;
d) determine the number of personnel required, the skill, ability, experience and
qualifications of employees to perform any particular job, the assignment of
working hours, the services to be performed and the methods, procedures,
facilities and equipment to be used in connection therewith;
e) generally to manage and operate the Hospital in all respects in accordance with its
obligations and without restricting the generality of the foregoing, to determine
the kinds and locations of machines, equipment to be used, the allocation and
number of employees required from time to time, the standards of performance for
all employees and all other matters concerning the Hospital's operations, not
otherwise specifically dealt with elsewhere in this Agreement;
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f) successfully operate the Hospital as a public institution intended to provide the
finest hospital and clinical services to patients with cancer, which will not be
interfered with by this Agreement.
ARITCLE 4 - NO STRIKES OR LOCKOUTS
4.01 The Union agrees that there will be no strike, sit-down, slow-down, picketing or other
interference which will stop, curtail or interfere with work, and in the event of any such
action taking place, it will instruct the employees involved to return to work and perform
their usual duties. The Hospital agrees that there will be no lockout of the employees
during the term of the Agreement.
ARTICLE 5 - UNION SECURITY AND CHECK-OFF
5.01 As a condition of continued employment, the employee will authorize the Hospital to
deduct a sum equivalent to the monthly dues and assessments from the first pay due such
employee in each calendar month, during the term of this Agreement, such monthly dues
and assessments as are uniformly levied upon all members of the Union in accordance
with its constitution and by-laws. The President of the Union shall certify the amount of
such dues to the Hospital.
5.02 The amounts deducted in accordance with Article 5.01 are to be remitted by cheque to the
Union prior to the end of the month in which the deductions are made. The Hospital will,
at the time of making such remittance hereunder to the Union, furnish it with a statement
showing the names of those employees from whose pay such deduction has been made.
5.03 The Union agrees to indemnify and save harmless the Hospital against any claims or
liabilities arising or resulting from deductions made pursuant to this Article.
5.04 Articles 5.01, 5.02 and 5.03 do not apply to summer or co-op students.
ARTICLE 6 - UNION REPRESENTATION
6.01 The Hospital agrees to recognize two (2) Union Stewards to be elected or appointed from
amongst employees in the bargaining unit and who have completed their probationary
period for the purpose of dealing with Union business as provided under this Collective
Agreement. One (1) of the two (2) Stewards will be the Chief Steward and he will also
be Chairman of the Union's Grievance Committee.
6.02 The Union shall keep the Hospital notified in writing of the names of the Union Stewards
(including the Chief Steward) appointed or selected under this Article as well as the
effective date of their respective appointments.
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6.03 It is agreed that Union Stewards have their regular duties and responsibilities to perform
for the Hospital and they shall not leave their regular duties without first obtaining
permission from their immediate supervisor. If, in the performance of his duties, a Union
Steward is required to enter an area within the Hospital in which he is not originally
employed, he shall report his presence to the supervisor in the area immediately upon
entering it. When resuming his regular duties and responsibilities, such Steward shall
again report to his immediate supervisor. A Union Steward shall suffer no loss of
earnings for time spent in performing the above duties during his regular scheduled
working hours.
6.04 There shall be a Union Management Committee comprised of the Chief Steward on
behalf of the Union and the Vice-President Human Resources of the Hospital or his
designate. The Committee shall meet quarterly at times mutually agreed upon. Either
party may write to the other requesting a meeting and setting out in the letter a written
agenda which must be provided at least three (3) days prior to the meeting day. The
function of the Committee shall be to discuss matters of mutual concern to the parties, but
it is understood and agreed that the Committee shall not discuss grievances or matters,
which should be properly brought before the Hospital's Health and Safety Committee.
ARTICLE 7 - GRIEVANCE PROCEDURE
7.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference
arising either between a member of the bargaining unit and the Hospital or between the
parties hereto relating to the interpretation, application, administration or alleged
violation of the Agreement.
7.02 A grievance shall identify the nature of the grievance, the remedy sought and the specific
provisions of the Agreement, which are alleged to have been violated.
7.03 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as
possible and it is understood that an employee has no grievance until he has first given his
immediate supervisor the opportunity of adjusting his complaint. The grievor may have
the assistance of a Union Steward if he so desires.
Such complaint shall be discussed with his immediate supervisor within five (5) days
after the circumstances giving rise to it have occurred.
Failing settlement within the five (5) days, it shall then be taken up as a grievance within
five (5) days following his immediate supervisor's decision in the following manner and
sequence:
Step 1 � The employee shall submit the grievance, in writing, and signed by him, to his
immediate supervisor or manager. A Union Steward may accompany the
employee. The immediate supervisor or manager will deliver his decision in
writing within five (5) days following the day on which the written grievance
was presented to him. Failing settlement, then:
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Step 2 � Within five (5) days following the decision under Step No. 1, the grievance
shall be submitted in writing to the Vice-President, Human Resources or
his/her designate.
A meeting will then be held between the Vice-President, Human Resources or his
designate and the Chief Steward who may be accompanied by the President of the Union,
within five (5) days of the submission of the grievance at Step No. 2, unless extended by
mutual agreement of the parties.
The decision of the Hospital shall be delivered in writing within ten (10) days following
the date of such meeting.
7.04 Policy Grievance
A complaint or grievance arising directly between the Hospital and the Union concerning
the interpretation, application or alleged violation of this Agreement shall be originated at
Step No. 2 within ten (10) days following the circumstances giving rise to the grievance.
It is expressly understood, however, that the provisions of this Article may not be used
with respect to a grievance directly affecting an employee, which he could have instituted
himself and the regular grievance procedure shall not be thereby bypassed.
Where the grievance is a Hospital grievance, it shall be filed with one of the Stewards or
the President of the Union. Where the grievance is a Union grievance, it shall be filed
with the Vice-President, Human Resources or his delegate.
7.05 Group Grievance
Where a number of employees have identical grievances and each one would be entitled
to grieve separately, they may present a group grievance, in writing, signed by each
employee who is grieving to the department head, within ten (10) days after the
circumstances giving rise to the grievance have occurred. The grievance shall then be
treated as having been initiated at Step No. 2 and the applicable provisions of this Article
shall then apply with respect to the handling of such a grievance.
7.06 Discharge Grievance
A claim by an employee who has completed his probationary period that he has been
discharged without just cause, shall be treated as a grievance if a written statement of
such grievance is lodged by the employee with the Hospital at Step No. 2 of the grievance
procedure within five (5) days following the date the discharge is effected. Subject to
Article 7.07 below, such grievance may be settled under the grievance and arbitration
procedure by:
(a) confirming the Hospital's action in discharging the employee; or
(b) reinstating the employee with or without full compensation for the time lost; or
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(c) by any other arrangement which may be deemed just and equitable.
7.07 Failing settlement under the foregoing procedure of any grievance between the parties
arising from the interpretation, application, administration or alleged violation of this
Agreement, such grievance may be submitted to arbitration as hereinafter provided. If no
written request for arbitration is received within ten (10) days after the decision under
Step No. 2 is given, the grievance shall be deemed to have been abandoned.
7.08 All agreements reached under the grievance procedure between the representatives of the
Hospital and the representatives of the Union will be final and binding upon the Hospital,
the Union and the employees.
7.09 When either party requests that a matter be submitted to arbitration as provided in this
Article, it shall make such request in writing addressed to the other party to this
Agreement and at the same time appoint a Nominee. Within five (5) days thereafter, the
other party shall appoint its Nominee as herein required, the Minister of Labour for the
Province of Ontario shall have the power to make such appointment upon application
thereto by the party invoking the arbitration procedure. The two (2) Nominees shall
attempt to agree upon a Chairman of the Arbitration Board. If they are unsuccessful in
agreeing upon such of Chairperson within a period of ten (10) days of the appointment of
the second Nominee, they shall then request the Minister of Labour for the Province of
Ontario to appoint a Chairman.
7.10 No person may be appointed to the Arbitration Board who has been involved in an
attempt to negotiate or settle the grievance.
7.11 The Arbitration Board shall not be authorized to make any decision inconsistent with the
provisions of this Agreement, nor to alter, modify, add to or amend any part of this
Agreement.
7.12 No matter may be submitted to arbitration, which has not been properly carried through
all the requisite steps of the grievance procedure.
7.13 The parties will expedite the proceedings of the Arbitration Board hereto and the decision
of the majority and, where there is no majority the decision of the Chairman, will be final
and binding upon the parties hereto and the employee or employees concerned.
7.14 Each of the parties will bear the expense of the Nominee appointed by it and the parties
will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board.
7.15 Saturdays, Sundays and holidays are not to be counted in the time limits as set out in this
Article.
7.16 Wherever Arbitration Board is referred to in this Agreement, the parties hereto may
mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the
time of reference to arbitration and the other provisions referring to Arbitration Board
shall appropriately apply.
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7.17 The time limits set out in the grievance and arbitration procedure herein are mandatory
and failure to comply strictly with such time limits, except by the mutual agreement of the
parties, shall result in the grievance being deemed to have been abandoned subject only to
the provisions of Section of Section 45 (8.3) of the Labour Relations Act.
7.18 It is understood that the Hospital may bring forward at any meeting held with the Union
Committee any complaint with respect to the conduct of the Union, its officers or
Committee members, or members, and that if such complaint is not settled to the mutual
satisfaction of the conferring parting, it may be treated as a grievance and referred directly
to arbitration in the same way as the grievance of an employee.
ARTICLE 8 - PROBATIONARY EMPLOYEES
8.01 A new employee will be considered on probation until he/she has completed one hundred
and sixty (160) days of work from the date of his/her last hire in the bargaining unit (1280
hours of work for employees whose regular hours of work are other than the standard
workday). Upon completion of the probationary period, he shall be credited with
seniority dating back to his date of last hire in the bargaining unit. With the written
consent of the Hospital, the probationary employee and the Chief Steward of the Union,
such probationary period may be extended. Any extension agreed to will be in writing
and will specify the length of the extension.
The Hospital may discharge or discipline an employee at any time during the probationary
period, without cause and at the sole discretion of the Hospital, and such discharge shall
not be the subject of a grievance or arbitration. The employer will not exercise its
discretion in an arbitrary or discriminatory manner nor will it do so in bad faith.
ARTICLE 9 - SENIORITY
9.01 Employee will accumulate seniority on the basis of their continuous service in the
bargaining unit from the date of last hire in the bargaining unit, except as otherwise
provided herein. Seniority will operate on a bargaining unit wide basis.
9.02 Seniority List
The Hospital agrees to provide the Union as soon as practicable after the signing of this
Agreement, with a Seniority List showing the seniority date of each employee in the
bargaining Unit. The Hospital further agrees to provide the Union with a copy of the
current Seniority List during the month of January each year during the term of this
Agreement. A copy of the Seniority List will also be posted on the bulletin board.
9.03 Full seniority and service shall be retained by the Security Guard in the event that he/she
is transferred from part-time to full-time. A Security Guard whose status is changed from
part-time to full-time shall receive credit for full seniority and service on the basis of 1
year of seniority or service for each 2080 hours worked. Any time worked in excess of an
equivalent shall be prorated at the time of transfer.
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9.04 Loss of Seniority
An employee shall lost all seniority and shall be deemed to have terminated his
employment if he:
(a) resigns;
(b) is discharged and not reinstated through the grievance or arbitration procedure;
(c) is retired;
(d) is absent from scheduled work for a period of three (3) or more consecutive
working days without notifying the Hospital of such absence and providing a
reason satisfactory to the Hospital;
(e) fails to return to work upon the expiration of a leave of absence or utilizes a leave
of absence for purposes other than that for which it was granted;
(f) has been laid off for a period of eighteen (18) months;
(g) fails upon being notified of a recall to signify his intention to return to work
within five (5) working days after he has received the notice of recall and fails to
report to work within ten (10) working days after he has received the notice of
recall. For purposes of this Article, notice of recall is deemed to have been
received on the second day immediately following the date the Hospital mailed
the notice of recall by registered mail;
(h) is absent due to illness or disability which absence continues for a period of
eighteen (18) months;
(i) is found to have stolen or misappropriated property belonging to the Hospital,
patients, employees or agents for the Hospital.
9.05 Effective of Absence
(a) It is understood that during an approved unpaid absence not exceeding thirty (30)
continuous days or any approved absence paid by the Hospital, both service and
seniority with accrue.
(b) During an unpaid absence exceeding thirty (30) continuous calendar days, credit
for service for purposes of salary increments, vacation, sick leave of any other
benefits under any provision of the Collective Agreement or elsewhere shall be
suspended, the benefits concerned appropriately reduced on a pro rata basis and
the employee's anniversary date adjusted appropriately. In addition, the employee
will become responsible for full payment of subsidized employee benefits in
which he is participating for the period of the absence except where otherwise
prohibited by law.
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(c) It is further understood that during such unpaid absence, credit for seniority for
purposes of promotion, demotion, transfer, lay-off or recall shall be suspended
and not accrue during the period of absence except where prohibited by law.
9.06 Change of Address or Telephone/Contact Number
It shall be the duty of employees to notify the Hospital promptly of any change in address
or telephone/contact number. The Hospital shall be entitled to rely on the last address
and telephone/contact number furnished by the employee for all purposes and if the
employee has not notified the Hospital of his new address or telephone/contact number,
the Hospital will not be responsible for failure of any notice to reach the employee.
9.07 Lay-off and Recall
In the event of lay-off, the Hospital shall lay-off employees in the reverse order of their
seniority within their classification, provided that there remain on the job employees who
are qualified to perform the available work. An employee shall have the opportunity of
recall from a lay-off to an available opening, in order of seniority, provided he is qualified
to perform the available work.
9.08 Clearing the Record
Any record of a disciplinary action taken by the Hospital will be removed from the
employee's personal record after eighteen (18) months of its issuance.
ARTICLE 10 - HOURS OF WORK
10.01 (a) The regular work week shall average forty hours (40) per week (inclusive of paid
lunch and breaks) for each employee or such other hours as may be agreed to by
the parties in respect of specific employees. The provisions of this Article are
intended only to provide a basis for calculating time worked and shall not
constitute a guaranty of hours of work per shift or per week or for any other period
whatsoever nor a guaranty of working schedules.
(b) It is understood that regular hours include those required to accommodate the
change from daylight saving time to standard time and vice versa and to which the
provisions of Article 11 shall not apply.
(c) Employees must report to their respective supervisors in uniform and remain in
uniform for the full working shift. Uniforms must have UHN security flashes and
be accompanied by photo ID.
(d) Casual employees must submit a minimum of 32 hours of weekend availability
per month. Failure to do so may result in disciplinary action, up to and including
termination.
(e) Security Officers must report for duty at least 10 minutes prior to commencement
of their shift for proper exchange of equipment and information.
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10.02 Employees will be entitled to two (2) rest periods of fifteen (15) minutes duration per
shift with one (1) rest period in the first half of the shift and the second (2nd) rest period in
the second half of the shift. The Hospital will decide when the rest periods are to be
taken by the employees.
10.03 It is agreed that employees on shift shall not leave their place of work until properly
relieved by another employee or authorized to do so by their supervisor.
10.04 The Hospital may allow an exchange of shift at the request of two (2) employees
provided such change in schedule is submitted in writing by both employees and the
Hospital's approval is obtained in advance and provided further that no overtime premium
is paid as a result of such exchange and no additional cost to the Hospital results from
such exchange.
10.05 Call-Back
Where employees are called back to work after having completed their regular shift and
prior to the commencement of their next regular shift, they shall receive minimum of
three (3) hours pay at the rate of time and one-half their regular hourly rate. Where
callback is immediately prior to the commencement of their regular shift, the callback
will only apply to the point of commencement of a regular shift at the rate of time and
one-half after which they shall revert back to the regular shift. Callback pay shall cover
all calls within the minimum three (3) hour period provided for above.
10.06 Shift Premium
(a) An employee shall be paid a shift premium of eighty cents ($0.80) effective April
1, 2006, eighty-five cents ($0.85) effective April 1, 2007 and ninety cents ($0.90)
effective April 1, 2008 per hour for each hour worked outside the normal hours of
the day shift provided that such hours exceed two (2) hours of work in
conjunction with the day shift.
(b) An employee shall be paid a weekend premium of sixty cents ($0.60) effective
April 1, 2006, sixty-five cents ($0.65) effective April 1, 2007 and seventy cents
($0.70) effective April 1, 2008 per hour for each hour worked on Saturday and
Sunday.
10.07 Where a Security Guard is scheduled to work a shift without back up and unable to take
the normal meal break, he/she shall be credited with one-half (1/2) hour at straight time.
10.08 When the Hospital temporarily assign an employee to carry out assigned responsibilities
of a higher paying classification outside the bargaining unit for a period in excess of one-
half of one shift, the employee shall receive an allowance of $0.50 per hour for each shift
from the time of the assignment.
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10.09 Paid Lunch
The Hospital will provide the security officers with a paid one-half hour lunch break.
ARTICLE 11 - OVERTIME
11.01 (a) (i) Subject to sub-clause (ii) below, authorized work performed in excess of
eight (8) hours in a day and eighty (80) hours in a bi-weekly pay period
will be counted as overtime work and will be paid for at the rate of time
and one-half the employee's regular straight time hourly rate of pay.
(ii) In the case of employees assigned to work shifts of other than eight (8)
hours per day, overtime will be payable for authorized work performed in
excess of the hours agreed upon by the parties. Such overtime will be paid
for at the rate of time and one-half the employee's regular straight time
hourly rate of pay.
(b) It is understood and acknowledged that the Hospital has the right to require
employees to perform reasonable authorized overtime work and the Union hereby
gives its consent to such overtime pursuant to the Employment Standards Act.
(c) Overtime premium will not be duplicated nor pyramided nor shall other premiums
be duplicated nor pyramided nor shall the same hours worked be counted as part
of the normal week and also as hours for which overtime premium is paid.
(d) Overtime opportunities will be distributed in an equitable manner over a
reasonable period of time amongst employees who are available to perform the
overtime work.
11.02 Meal Allowance
When an employee is required to and does work for three (3) or more hours of
unscheduled overtime after his normal shift, he shall be provided with a hot meal or five
dollars ($5.00) if the Hospital is unable to provide the meal.
ARTICLE 12 - PAID HOLIDAYS
12.01 There shall be twelve (12) paid holidays and these holidays are set out below:
New Year's Day Labour Day
Good Friday Thanksgiving Day
Victoria Day Remembrance Day
Canada Day Christmas Day
Civic Holiday Boxing Day
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In addition, an employee who has completed six (6) months of continuous full-time
employment with the Hospital prior to July 1st of the contract year shall be entitled to one
(1) float holiday. In addition, an employee who has completed six (6) months of
continuous full-time employment with the Hospital prior to September 30th of the
contract year shall be entitled to one (1) float holiday. Float days are to be arranged by
mutual agreement between the Hospital and the employee and are to be taken in the
calendar year in which they are earned. Arrangements for scheduling any outstanding
float days must be made prior to October 1st of each year. The float days will be non-
premium holidays. Should the Hospital be required to observe an additional paid holiday
as a result of legislation, it is understood that one (1) of the existing float holidays shall be
established as the legislated holiday after discussion with the Union, so that the Hospital's
obligation to provide the number of paid holidays as noted above remains unchanged.
Those employees who have taken the relevant float holiday prior to the proclamation of
the new statutory holiday shall be deemed to have taken the newly proclaimed day.
12.02 An employee who is required to work on any of the above named holidays, will receive
pay at the rate of time and one-half the employee's regular straight time rate for work
performed on such holiday and, in addition, where the employee qualifies for the holiday
with pay in accordance with Article 12.03, such employee will receive a lieu day on a day
that is mutually agreeable to the Hospital and the employee. Provided the Hospital's
agreement is obtained, an employee who is required to work on any of the above named
holidays, may elect to take holiday pay for the day in substitution for a lieu day.
12.03 In order to qualify for a holiday with pay on each of the holidays listed in Article 12.01,
an employee must work the regular scheduled working day immediately prior to and the
regular scheduled working day following the holiday unless he is absent due to vacation
or illness originating in the current or previous pay period in which the holiday occurs or
is on leave of absence on Union business all of which must be authorized by the Hospital.
12.04 It is understood that for calendar year 2006, if an employee has used three (3) floats
before Remembrance Day 2006, then that employee would not qualify for the stat during
this calendar year.
12.05 It is further understood that if an employee has at least one (1) float day remaining at the
time of the signing of this Agreement that float must be saved and used for the
Remembrance Day Statutory.
ARTICLE 13 - VACATIONS
13.01 Vacation entitlement shall be as follows:
(a) Employees who have completed less than one (1) year of full-time continuous
service shall be entitled to earn vacation credits at the rate of 6.25 hours for each
calendar month of service.
(b) Employees who have completed one (1) or more years of full-time continuous
service but less than five (5) years of full-time continuous service shall be entitled
to three (3) weeks vacation.
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(c) Employees who have completed five (5) or more years of full-time continuous
service but less than fifteen (15) years of full-time continuous service shall be
entitled to four (4) weeks vacation.
(d) Employees who have completed thirteen (13) or more years of full-time
continuous service but less than twenty-two (22) years of continuous full-time
service shall be entitled to five (5) weeks vacation.
(e) Employees who have completed twenty-two (22) or more years of full-time
continuous service shall be entitled to six (6) weeks vacation.
13.02 It is understood and agreed that the Hospital will give every consideration to an
employee's preference as to the timing of his vacation but of necessity, the Hospital
reserves the right to the final decision as to the scheduling of vacations.
13.03 Vacations may be taken at any time of the year that is mutually acceptable to the parties.
An employee may take his entire earned vacation entitlement at one time subject,
however, to an employee taking no more than one hundred and sixty (160) hours of
earned vacation entitlement during the peak vacation period.
13.04 Earned vacation credits may not be utilized during an employee's probationary period.
13.05 Employees may carry over a maximum of two (2) weeks vacation into the next calendar
year. The carry over is subject to operational requirements and Manager’s approval.
Such carry over requests will not be unreasonably denied.
13.06 Requests for vacation for the peak vacation period - June 15 to September 15 - shall be
submitted in writing by March 1st of each year. Approved vacation schedules will then be
posted by April 15th. Vacation requests outside the peak vacation period shall be
submitted in writing at least four (4) weeks prior to the requested time off.
13.07 In the event of a conflict in vacation requests for the peak vacation period (June 15 to
September 15) seniority will be the deciding factor. An employee may exercise his
seniority only once in respect of the peak vacation period.
13.08 Where an employee's scheduled vacation is interrupted due to serious illness, which
commenced prior to and continues into the scheduled vacation period, the period of such
illness shall be considered sick leave. Where an employee's scheduled vacation is
interrupted due to a serious illness requiring the employee to be an in-patient in a
hospital, the period of such hospitalization shall be considered sick leave. 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.
13.09 Casual employees vacation to be paid on every pay cheque.
13.10 Vacation entitlement will be amended to reflect that of SEIU Central should there be
improvements for the year 2007 to the expiry of this agreement. This provision is in effect
for the life of this agreement only.
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ARTICLE 14 - HEALTH AND INSURED BENEFITS
14.01 The Hospital agrees, during the term of the Collective Agreement, to contribute towards
the premium coverage of participating eligible employees in the active employ of the
Hospital under the insurance plans set out below subject to their respective terms and
conditions including any enrollment requirements.
(a) The Hospital agrees to pay one hundred per cent (100%) of the billed premium
towards coverage of eligible employees in the active employ of the Hospital under
the Blue Cross Semi-Private Plan or comparable coverage.
(b) The Hospital agrees to contribute seventy-five percent (75%) of the billed
premium towards coverage of eligible employees in the active employ of the
Hospital for standard coverage under the Blue Cross extended Health Care
Benefits with added coverage for all practitioners (Clinical Psychiatrist, Massage
Therapist, Speech/Language Pathologist, Chiropractor) to a maximum of $500.00
maximum per year combined) or comparable coverage with another carrier
providing for ten dollars ($10.00) (single) and twenty dollars ($20.00) (family)
deductible, providing the balance of the monthly premiums are paid by the
employee through payroll deductions. In addition to the standard benefits,
coverage will include vision care to a maximum of $200.00 every twenty-four
(24) months, plus bi-annual eye exam as well as a hearing aid allowance at cost of
acquisition per individual every 36 months. The deductible will be $15.00 (single)
and $25.00 (family).
Existing provisions for private duty nursing services contained in this plan will be
amended to reflect that this benefit is limited to a maximum of ninety (90) eight-
hour shifts in any calendar year.
(c) The Hospital agrees to contribute one hundred per cent (100%) of the billed
premium towards coverage of eligible employees in the active employ of the
Hospital under the Group Life Insurance Plan currently in effect. Such insurance
shall include benefits for accidental death and dismemberment in the principal
amount equal to the Group Life Insurance to which the employee is entitled.
(d) The Hospital agrees to contribute seventy-five per cent (75%) of the billed
premium towards coverage of eligible employees in the active employ of the
Hospital under Blue Cross No. 9 Dental Plan or comparable coverage with
another carrier (based on the current ODA fee schedule) provided the balance of
the monthly premium is paid by the employee through payroll deduction. Dental
recall including preventative services is every nine (9) months; Blue Cross rider #
2 (or equivalent) [complete and partial dentures] at 50/50 co-insurance to
$1000.00 annual maximum; and Blue Cross rider #4 (or equivalent) [crowns,
bridgework, and repairs to same] at 50/50 co-insurance to $1000.00 annual
maximum.
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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(e) The Hospital agrees to contribute seventy-five (75%) of the billed premium
towards coverage of eligible employees in the active employ of the Hospital under
the Long Term Disability Plan currently in effect and the employee will pay the
balance of the monthly premium through payroll deduction.
(f) The policy of the Hospital to make available pension coverage for the employees
subject to the provisions of the Plan will be continued during the term of this
Agreement.
(g) Should there be a benefits improvement at the Central level during the life of this
Agreement, those benefits will be included as part of this Agreement.
14.02 For newly hired employees, coverage as set out in Article 14.01 shall be effective the first
billing date in the month following the month in which the employee was first employed
in respect of the Blue Cross Semi-Private Plan and the first billing date in the fourth
month following the month in which the employee was first employed for the remaining
plans listed in Article 14.01. In every instance this is subject to any enrollment or other
requirements of the particular plans.
14.03 The Hospital may substitute another carrier for any of the foregoing Plans provided that
the level of benefits conferred thereby is comparable. The Hospital will advise the Union
of any change in carrier or underwriter as soon as practicable prior to implementing a
change in carrier.
14.04 Participation in the Hospital Pension plan as defined by the terms and conditions of the
plan is mandatory for all eligible employees.
14.05 Notification of Change of Status
Employees must notify the Hospital of any change in name, income tax status, insurance
beneficiary, next of kin, dependents or any other pertinent information necessary for
dealing with employee benefits and statutory deductions.
14.06 In lieu of benefits (including statutory holidays) casual employees not participating in the
Hospitals of Ontario Pension Plan (HOOPP) will receive 14% of their regular wages on
each paycheck. Casual employees who are participating in HOOPP will receive 9% in
lieu of benefits.
ARTICLE 15 - SICK LEAVE
15.01 Pay for sick leave is for the sole and only purpose of protecting an employee against loss
of regular income when he is legitimately ill and unable to work and will granted on the
following basis: (Also, please see letter dated April 23, 1998 at the back of the
agreement)
(a) It is understood and agreed that no sick leave will be allowed during an
employee's probationary period. Should the employee remain in the employ of the
Hospital after completion of his probationary period, he will be credited with the
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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appropriate number of hours of sick credits calculated in accordance with
paragraph (a) above.
(b) The employee may be required to provide proof of sickness in the form of a
medical certificate satisfactory to the Hospital for an absence of any duration and
must do so as well as report to the Department of Occupational Health when
returning to duty after an absence of three (3) days or more.
(c) Employees shall not be entitled to sick leave for sickness or accident compensable
by the Workers' Compensation Board.
15.02 An employee who mis-uses the sick leave provisions set out in this Agreement will be
subject to discharge by the Employer.
15.03 An employee with accumulated sick leave credits who is prevented from working for the
Hospital on account of an occupational illness or accident that is recognized by the
Worker's Compensation Board as compensable within the meaning of the Workers'
Compensation Act may, on application to the Hospital, supplement the award made by
the Workers' Compensation Board for his loss of wages by such amount that the award of
the Workers' Compensation Board for loss of wages together with the supplementation
will equal one hundred per cent (100%) of the employee's net earnings to the limit of his
accumulated sick leave credits. This supplementation, where available, will be drawn
from the employee's accumulated sick leave credits. Employees may also utilize such
sick leave credits while awaiting approval of a claim for Workers' Compensation.
15.04 To qualify and be paid sick leave from credits accumulated, an employee must notify his
supervisor or designate at least two (2) hours prior to his scheduled starting time if on the
day shift and four (4) hours prior to his scheduled starting time if on the evening or night
shift except in extenuating circumstances. The Hospital reserves the right to require
proof of illness by medical certificate or such other form of proof as the Hospital may
require before sick leave is granted. The Hospital will pay the cost of any doctor's notes
or reports requested by it.
15.05 An employee who is returning to work after being absent due to illness must notify his
supervisor or designate that he will be returning to work prior to the start of the shift he is
returning to work on as follows:
by 1430 hours if returning to work on the day shift the following day;
by 1130 hours if returning to work the evening shift the same day;
by 1530 hours if returning to work the night shift commencing the same day.
15.06 Unemployment Insurance Rebate
The short-term sick leave plan shall be registered with the Unemployment Insurance
Commission. The employee's share of the Hospital's unemployment insurance premium
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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reduction will be retained by the Hospital towards offsetting the cost of benefits contained
in this Collective Agreement.
ARTICLE 16 - LEAVES OF ABSENCE
16.01 Bereavement Leave
An employee who notifies the Hospital as soon as possible following a bereavement shall
be granted up to three (3) consecutive days off without loss of his regular pay for his
scheduled hours from the date of death up to and including the date of the funeral in order
that the employee may make arrangements for and/or attend the funeral of a member of
his immediate family. Immediate family means parent, step-parent, brother, sister,
spouse, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-
in-law, sister-in-law, grandparent and grandchild.
16.02 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, the employee shall not lose
regular pay because of such attendance provided the employee:
(a) notifies the Hospital 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;
(c) deposits with the Hospital the full amount of compensation received excluding
mileage, traveling and meal allowance and an official receipt thereof.
16.03 Pregnancy Leave and Parental Leave
Pregnancy and Parental leaves will be granted in accordance with the provisions of the
Employment Standards Act. The employer will top up an employee's Employment
Insurance benefits so that an employee on pregnancy or parental leave will receive 75%
of normal earnings during the leave.
16.04 Personal Leave
(a) The Hospital may grant leave of absence without pay to an employee for
legitimate personal reasons established to the satisfaction of the Hospital. A
request for such leave shall be made in writing to the employee's department head
as far in advance as possible but in the case of a requested leave for a period in
excess of thirty (30) days; the request in writing must be made to the Vice-
President Human Resources. The application must clearly state the reason for the
requested leave of absence and the duration of such absence.
(b) Employees who are on a leave of absence will not engage in gainful employment
while on such leave and if an employee does engage in gainful employment while
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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on such leave of absence, he will forfeit all seniority rights and his employment
with the Hospital shall be deemed to be terminated.
16.05 Union Leave
The Hospital may grant leave of absence without pay to employees to attend Union
conventions, educational seminars or other such Union meetings. A request for a leave of
absence under this clause must be made at least twenty-one (21) days in advance in
writing to the Hospital. No more than one (1) employee may be off at any one time under
this Article. Furthermore, the total number of cumulative days of leave that may be
granted under this Article will not exceed five (5) days per calendar year. Leave under
this clause will not be unreasonably withheld. In each case, the Hospital will consider
whether the requested leave would interfere with the efficient operations of the Hospital.
16.06 Education Leave
(a) If required by the Hospital, an employee shall be entitled to leave of absence with
pay and without loss of seniority and benefits to write examination to upgrade his
or her employment qualifications.
(b) A leave of absence, without pay, to take further education related to the
employee's the employee might grant work at the Hospital upon written
application to the Hospital. It is further understood and agreed that the Hospital
will, wherever its occupational requirements permit, endeavour to arrange the
shifts of employees attending courses or seminars to permit such attendance.
(c) Where employees are required by the Hospital to take courses to upgrade or
require new employment qualifications, the Hospital shall pay the full costs
associated with the courses.
ARTICLE 17 - JOB POSTING
17.01 Where a full-time vacancy occurs such vacancy shall be posted by the Hospital for a
period of seven (7) days.
17.02 All applications are to be made in writing within the posting period.
17.03 The senior employee, who, in the opinion of the Hospital has the skills, ability and
qualifications to perform the work, including the ability to attend work regularly, shall be
awarded the position.
17.04 Where two (2) or more employees have the same seniority date, relative seniority shall be
determined by the alphabetical order of their surnames.
17.05 Provided that it does not reduce available hours of regular or casual employees, the
Hospital may provide employment to summer or co-op students.
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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17.06 Promotion or Transfer – Applies to Charge Officer position only
A Security Officer must serve a trial period of ninety (90) days when promoted or
transferred into a new position. Should the Hospital demonstrate that the officer is
unsuitable for the position, the officer will be returned to his original position.
17.07 An Officer who is successful in posting into a vacant position will not be permitted to
post into another posted vacancy for a period of six (6) months from the date of transfer.
17.08 The Hospital reserves the right to fill vacant positions on a temporary basis until such
time the job posting procedure is completed.
17.09 Casual employees are required to work twenty (20) shifts in a six month (6) period.
Failure to do so will result in their termination provided the failure is not due to lack of
work and if the employee has failed to accept 50% or more of the shifts offered.
17.10 The parties agree that, on health and safety ground, and with the acknowledgement that
all employees should have a minimum period of hours free from work; employees should
have a minimum period of at least eight hours free from work from other employers in
the sixteen hour period immediately preceding their shifts at the Hospital. Employees
must, accordingly, advise the Hospital, upon request, as to the identity of any other
employer and provide the Hospital with copies of their work schedules with other
employers. The parties further agree that substantial forms of self employment may have
the same impact as work for another employer, and agree that, where the Hospital has
reason to believe those circumstances exist, the term of the preceding paragraph apply.
17.11 Where a permanent Charge Officer vacancy occurs within the bargaining unit, such
vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications
for such vacancy shall be made in writing within seven (7) day period referred to herein.
17.12 A Charge Officer shall be selected for the position on the basis of their skill, ability
including the ability to attend work regularly, experience and qualifications. Where these
factors are relatively equal amongst the officers considered, seniority shall govern
providing the successful applicant, if any, is qualified to perform the available work
within an appropriate familiarization period.
ARTICLE 18 - COMPENSATION
18.01 The wage rates in effect for the duration of this Collective Agreement shall be as follows:
(a) The Step 2 wage rates will be increased, retroactive to the dates stipulated below.
April 1, 2006 $19.62/hour
October 1, 2006 $19.87/hour
April 1, 2007 $20.17/hour
October 1, 2007 $20.42/hour
April 1, 2008 $20.73/hour
October 1, 2008 $20.99/hour
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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(b) The Step 1 rates will be $1.00/hour less than the Step 2 rates above.
(c) Casual employees will receive the Step 2 wage rate after having worked 1680
hours.
(d) The current practice with respect to Charge Officer will be continued. The rate of
pay for the Charge Officer will be $1.50/hour over the rate of pay for the Security
Officer for each hour worked.
18.02 When a new classification, which is covered by the terms of this Collective Agreement, is
established by the Hospital, the Hospital shall determine the rate of pay for such new
classification and notify the Union of it within seven (7) days. If the Union challenges the
rate, it shall have the right to request a meeting with the Hospital to endeavour to
negotiate a mutually satisfactory rate. Such request will be made within ten (10) days
after the receipt of notice from the Hospital of such new occupational classification and
rate. Any change mutually agreed to resulting from such meeting shall be retroactive to
the date that notice of the new rate was given by the Hospital. If the parties are unable to
agree, the dispute concerning the new rate may be submitted to arbitration as provided in
this agreement within fifteen (15) days of such meeting. The decision of the Board of
Arbitration shall be based on the relationship established by comparison with the rate(s)
for other classification(s) in the bargaining unit having regard to the requirements of such
classification.
ARTICLE 19 - SUBCONTRACTING
19.01 The Hospital shall not contract out any operations which are usually performed by
members of the bargaining unit if, as a result of such contracting out, a lay-off of any
employees other than casual employees results from such contracting out. Contracting
out to an employer who is organized and who will employ the employees of the
bargaining unit who would otherwise be laid off with similar terms and conditions of
employment is not a breach of this provision.
ARTICLE 20 - BULLETIN BOARD
20.01 The Hospital will provide bulletin board space in the security office for the purpose of
posting notices regarding meetings and other matters restricted to Union matters. All
such notices must be signed by an officer of the Union and submitted to the Vice-
President Human Resources or his designate for approval prior to being posted.
ARTICLE 21 - CORRESPONDENCE
21.01 All correspondence between the parties arising out of this Agreement shall pass to and
from the Vice-President Human Resources or his designate and the President of the
Union.
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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ARTICLE 22 - DURATION
22.01 This Agreement shall continue in effect until March 31, 2009 and shall remain in effect
from year to year thereafter unless either party gives to the other party not more than
ninety (90) days before the date of termination, written notice of termination or desire to
amend the Agreement.
22.02 In the event of such notification being given as to the amendment of the Agreement,
negotiations between the parties shall begin within thirty (30) days or as mutually agreed
to following such notification.
22.03 If pursuant to such negotiations an agreement on the renewal or amendment of this
Agreement is not reached prior to the current expiration date, this Agreement shall
automatically be extended until consummation of a new Agreement or completion of the
procedures prescribed under the Labour Relations Act of the Province of Ontario and the
Hospital Labour Disputes Arbitration Act as amended from time to time.
ARTICLE 23
23.01 Attached hereto and forming part of this Agreement are the following appendices:
Appendix A - terms and conditions for casual Security Guards.
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APPENDIX "A"
This Appendix sets out the terms and conditions for all casual security guards as defined in the
Certificate issued by the Ontario Labour Relations Board; that is all, security guards employed by
the Princess Margaret Hospital in the Municipality of Metropolitan Toronto, regularly employed
for not more than twenty-four (24) hours per week and students employed during the school
vacation period, save and except supervisors and persons above the rank of supervisor.
1. The following Articles of the Collective Agreement will be applicable to casual security
guards:
1, 3, 4, 5, 6, 7, 9.02, 9.03, 10.06, 11, 14.04, 17, 19, 20, 21
2. (a) The Hospital will continue its current practice with respect to the matter of
benefits and vacation for casual employees.
(b) A casual security guard who has been employed for a minimum of thirty-six (36)
months and has worked a minimum of 3,000 hours will be eligible for Extended
Health benefits.
3. (a) Seniority for casual employees will be calculated and expressed on the basis of
hours worked.
(b) A new casual employee will be considered on probation until he has worked a
total of 860 hours from the date of his last hire in the bargaining unit. Upon
completion of the probationary period, he shall be credited with 860 hours of
seniority. With the written consent of the Hospital, the probationary employee
and the Chief Steward of the Union, such probationary period may be extended.
Any extension agreed to will be in writing and will specify the length of the
extension.
The Hospital may discharge a casual employee at any time during the
probationary period, without cause and at the sole discretion of the Hospital, and
such discharge shall not be the subject of a grievance or arbitration.
(c) The Security Guard shall retain full seniority and service in the event that he/she is
transferred from full-time to casual. A Security Guard whose status is changed
from full-time to casual shall receive credit for full seniority and service on the
basis of 2080 hours of seniority or service for each year worked. Any time
worked in excess of an equivalent shall be prorated at the time of transfer.
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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Letter of Understanding
Between
Ontario Cancer Institute/Princess Margaret Hospital
And
Brewery, General and Professional Worker's Union (BG & PWU)
This Letter of Understanding is attached to and forms part of the Collective Agreement.
This Letter is to confirm the parties understanding that the Hospital will provide employees with
the following uniform issue:
2 pants per year 1 sweater every 2 years
4 shirts per year 1 jacket in 3rd year of contract
Casual employees will receive the annual uniform issue if they work 650 hours per year or more.
Casual employees who work less than 650 hours per year will receive uniforms at the discretion
of their manager.
Brewery, General and Professional Workers Union - Princess Margaret Hospital
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23 April 1998 BY FAX: 416-762-0182
Mr. Cameron Nelson
Business Agent
Brewery, General and Professional Workers Union
239 Jane Street
Toronto, Ontario
M6S 3Z1
Dear Mr. Nelson:
Further to my recent discussions with the PMH local, Leo Maddox, regarding the Princess
Margaret Hospital conversion to HOODIP, this will serve to confirm that the conversation is
targeted for May 1, 1998 PMH. The conversation to HOODIP will integrate the sick benefit plan
across the Toronto Hospital for all employee groups.
As you may be aware, the transition from the accrued sick plan to the renewable 75 day sick
entitlement period under HOODIP, will significantly improve the sick benefit coverage of the
majority of staff members, who at present have limited and/or less than 75 total accrued sick
hours to draw from. As discussed, the conversion would eliminate the existing accrued sick
entitlement.
With respect to Long Term Disability, as you know, the HOODIP Plan provides for 15 weeks
paid sick, followed by a subsequent 15 period of U.I.C. sick benefits, after which approved LTD
commences. Any other provisions of LTD benefits remain unchanged.
As discussed, to facilitate the conversation, it is mutually agreed that any bargaining unit
members, who are currently entitled to sick pay, whose hire date is prior to May 1, 1998 will be
entitled to receive sick pay at a rate of 100% of their regular earnings. Employees hired after
May 1, 1998 will receive sick pay as per the graduated plan under HOODIP.
Thank you for your attention to this matter. Please sign and return by fax this letter to my
attention at your earliest convenience (946-6557).
Sincerely,
Brewery, General and Professional Workers Union - Princess Margaret Hospital
26
23 April 1998 BY FAX: 762-0182
Mr. Cameron Nelson
Business Agent
Brewery, General and Professional Workers Union
239 Jane Street
Toronto, Ontario
M6S 3Z1
Dear Mr. Nelson:
Further to my fax of earlier today regarding the conversation to the Toronto Hospital sick plan,
this will serve to confirm that there is no two-week waiting period for UIC sick benefit following
the 15 weeks of sick benefits under the HOODIP Plan. The 15 weeks is recognized as approved
sick time and the waiting period is waived.
Furthermore, I want to clarify that the conversion with the TTH Plan refers to the HOODIP Short
Term Disability Plan. As previously indicated, this will not require any change to the existing
benefit coverage or cost of the PMH LTD Plan.
Sincerely,