WISE (2013-2015)

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NAPE

COLLECTIVE AGREEMENT

between

WOMEN INTERESTED IN SUCCESSFUL EMPLOYMENT

(WISE)

and

NEWFOUNDLAND AND LABRADOR ASSOCIATION

OF PUBLIC AND PRIVATE EMPLOYEES

EXPIRY: August 31, 2015

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THIS AGREEMENT made this

."tL

I 7 day of "fY1apj , Anno Domini, Two

Thousand and Thirteen;

BETWEEN:

WOMEN INTERESTED IN SUCCESSFUL EMPLOYMENT (WISE)

of the one part:

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND PRIVATE

EMPLOYEES, a body corporate organized and existing under the laws of the Province of

Newfoundland and having its registered office in the City of SI. John's aforesaid (hereinafter

called the "Union");

of the other part;

THIS AGREEMENT WITNESSETH that for and in consideration of the premises and

covenants, conditions, stipulations, and provisos herein contained, the parties hereto agree

as follows:

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ARTICLE 1 PURPOSE OF AGREEMENT

1 01 The purpose of this Agreement is to maintain beneficial relationshipsbetween the Employer, the employees and the Union and to set forth certain

terms and conditions of employment while promoting the purposes and

mission of the organization to serve women.

ARTICLE 2 DEFINITIONS

2:01 Plural Terms May Apply

Whenever the singular is used in this Agreement, it shall be considered as

if the plural has been used where the consent of the party or parties heretoso require.

2:02 For the purpose of this Agreement:

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(a) "Classification" means the identification of a position by reference toa class title.

(b) "Day" means a working day unless otherwise stipulated in theagreement.

(c) "Employee" or "employees" means all persons employed in the

categories of employment contained in the Bargaining Unit.

(d) "Employer" means the Women Interested In Successful Employment

Corporation (WISE).

(e)

(f)

(g)

"Executive Director" is the Executive Director of WISE or her

designate.

"Full-time Employee" is an employee who is scheduled to workseventy (70) hours bi-weekly.

"Funder" a party providing financial and/or in-kind contributions to

WISE for specified work.

(h) "Layof f' means the cessation of employment of an employee because

of lack of work or because of the abolition of a post.

(i) "Learner" is a woman being mentored by WISE with the intention of

providing workplace experience in order to transition her fromunemployment into further training, education or work. This may

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*

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include a woman funded by grants such as Linkages, SWASP, CEIS,SCP, non-paid student internships from colleges and universities andother associations such as Katimavik.

U) "Leave of Absence" means absence from duty with permission of the

Employer.

(k) "Mentoring" is the process in which a more experienced employee ormanagement designate is assigned an employee or learner for thepurposes of providing on-the-job training, offering guidance, providingfeedback and providing general support to assist the developmentprocess.

(I) "Notice" means notice in writing which is hand delivered or deliveredby registered or certified mail.

(m) "Part-time Employee" is an employee scheduled to work less thanseventy (70) hours bi-weekly.

(n) "Permanent Employee" means an employee who has completed herprobationary period and is employed on a full-time or part-time basiswithout reference to any specific date of termination. A letter of

appointment shall be given to the employee within two (2) weeks fromthe date of hire confirming her status.

(0) "Service" means any period of employment either before or after thedate of signing of this Agreement in respect of which an employee isin receipt ofwages from the Employer and includes periods of unpaidleave not exceeding twenty (20) working days per year, unlessotherwise specified in this Agreement.

(p) "Site" means the actual building or other regular place of employmentwhere employees of the bargaining unit deliver programs of the WISECorporation.

(q)

(r)

"Special Project means any project funded outside the 9 week careerplanning, 3 week job search and Linkages programs; which arefunded by the Department of Advanced Education and Skills.

"Special Project Worker" is a worker funded under Special Project.

(s) "Temporary Employee" means an employee who is employed for aspecific period or for the purposes of performing specific work.

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* (t) "Travel Time" means travel on the Employers Business authorized bythe Executive Director for an employee between her site and alocation outside her site, and/or between locations outside her site toperform duties assigned to her by the Executive Director during whichthe Employee is required to travel outside her normal scheduled work

period.

(u) "Union" means the Newfoundland and Labrador Association of Publicand Private Employees.

(v) "Vacancy" means an opening which is either permanent or temporaryin nature, which the Employer intends to fill.

(w) "Year" means the period extending from the first day of April in oneyear to the thirty-first day of March in the succeeding year.

ARTICLE 3 EFFECT OF LEGISLATION

3:01 In the event any future legislation renders invalid any provIsion of thisAgreement, the remaining provisions shall remain in effect during the termof this Agreement.

ARTICLE 4 RECOGNITION

4:01 (a) Bargaining Unit

The Employer recognizes the Union as the sole and exclusivebargaining agent for the following classes of employees employed atWISE in accordance with the Certification Order issued by the LabourRelations Board dated January 3, 2002, located at all WISE sites(presently St. John's, Gander and Carbonear),

Career Counsellor

Career CounseliorlTeam Facilitator

Community Liaison/Program Support Officer

Financial OfficerlTechnical Support

Resource Centre Specialist

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* (b) It is understood and agreed that workers on Special Projects mayinclude members of the bargaining unit who have consented to beassigned. Bargaining unit members on Special Projects will continue

to accumulate seniority. Otherwise, workers on Special Projects shallnot be members of the bargaining unit.

(c) WISE will continue it's practice to mentor Learners, who are notmembers of the bargaining unit, with personal development, careerplanning and workplace experience. Such practice will not interferewith the work of the bargaining unit.

4:02 New Positions

When new classifications are developed, the Employer agrees to consult with

the Union as to whether such classifications should be included in the

bargaining unit. Should the parties be unable to agree, the matter shall bereferred to the Labour Relations Board for adjudication.

4:03 Work of the Bargaining Unit

(a) Persons whose jobs are not in the bargaining unit shall not performany work of the bargaining unit except for the purpose of instruction,

experimenting, emergencies or when regular employees are notavailable or when employees are on layoff. This clause shall not

operate to reduce the hours of work or pay of any employee.

(b) Notwithstanding Clause 4:03(a), the parties agree that no employee,

including an employee on layoff status, shall suffer a reduction in thehours of work, payor benefits as a result of work performed byindividuals working as: (1) volunteers; (2) working under the scope of

Provincial or Federal funded grants or projects; (3) working on

projects funded by charitable organizations; (4) working as on-the-job

trainees.

4:04 No Other Agreement

No employee shall be required or permitted to make a written or verbalagreement with the Employer or her representative which may conflict with

the terms of this Collective Agreement.

4:05 Union Access

(a) A shop steward shall be given an opportunity to interview each new

employee within regular working hours without loss of pay for amaximum of thirty (30) minutes during the first month of employment

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for the purpose of acquainting each new employee with the benefitsand responsibilities of Union membership. The Steward will providethe new employee with a copy of the Collective Agreement. Suchmeetings shall be scheduled so as not to interfere with regular groupfacilitation times.

(b) Employees shall have the right to have the assistance of a full timerepresentative(s) of the Union on all matters relating toEmployer/Employee relations. With the prior approval of theEmployer, Union representative(s) shall have access to theEmployer's premises in order to provide the required assistance.Employees involved in such discussions or investigation of grievancesshall not absent themselves from work except with permission fromthe Executive Director. Permission to hold meetings on theEmployer's premises shall, in each case, be obtained from the

Executive Director and such meetings shall not interfere with theoperation of the Employer. Such meetings shall be scheduled so asnot to interfere with regular group facilitation times.

4:06 Agreement Overrides WISE Policy

Policies, rules and regulations made by the Employer concerning wages,benefits or working conditions affecting members of the Union covered bythis Collective Agreement shall not conflict with the Collective Agreement.

4:07 Bulletin Board

The Employer will provide space on a bulletin board in each site for thepurpose of posting Union notices.

ARTICLE 5 MANAGEMENT RIGHTS

5:01 (a) The Union recognizes and agrees that all the rights, powers, andauthority both to operate and manage the WISE sites under its control

and to direct the working forces is exclusively vested with theEmployer except as abridged or modified by the express provisionsof this Agreement.

(b) Should a question arise as to the exercise of management's rights in

conflict with the specific provisions of this Agreement, failingagreement by the parties, the matter shall be determined by theGrievance and Arbitration Procedure.

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ARTICLE 6 EMPLOYEE RIGHTS

6:01 Notwithstanding anything contained in this Agreement, an employee maypresent a personal complaint to her Employer.

ARTICLE 7 NO DISCRIMINATION

7:01 Both the Employer and the Union agree to be bound by the Newfoundlandand Labrador Human Rights Code, and further agree that there shall be no

discrimination with respect to any employee in the matter of hiring, wagerates, training, upgrading, promotion, transfer, layoff, recall, discipline,classification, discharge, assignment ofwork, or otherwise by reason of age,sex, race, creed, colour, sexual orientation, national origin, political orreligious affiliation, mental and physical disability, or marital status, nor by

reason of her membership or activity in the Union.

ARTICLE 8 UNION SECURITY

8:01 Union Membership Requirement

All current and newly hired employees, as a condition of employment, shallbecome and remain members in good standing of the Union.

ARTICLE 9 CHECK OFF OF UNION DUES

9:01 The Employer shall deduct from the wages of all employees within thebargaining unit, the amount of union dues and forward same monthly to theUnion accompanied by a list of employees showing the contribution of each.The Union shall inform the Employer of the authorized deductions to bemade on a bi-weekly basis.

9:02 The Employer will forward deductions to the Union no later than the 15th day

of each month. The Employer will forward with the first dues deductionscheque following signing of the Agreement, a list which shows the full namesofemployees, their Social Insurance Number, classifications and the amountof Union dues deducted for each employee. Each month thereafter a listshowing additions and deletions will be forwarded with the dues deductioncheque.

9.03 The Employer agrees that when issuing T4 slips, the amount of membershipdues paid by an employee to the Union during the previous taxation year willbe recorded on her T 4 statement.

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ARTICLE 10 GRIEVANCE PROCEDURE

10:01 Definition of Grievance

10:02

10:03

10:04

10:05

10:06

A grievance shall be defined as a dispute arising out of the interpretation,application, administration or alleged violation of the Collective Agreement.

Prompt Procedure

In order to provide an orderly and speedy procedure for the settling of

grievances, the Employer acknowledges the rights and duties of the ShopSteward( s) to assist any employee in preparing and presenting her grievancein accordance with the Grievance Procedure.

The parties shall cooperate to deal with instances in which a Shop Stewardis unavailable.

Shop Steward

The Employer acknowledges the right of the Union to appoint or elect one (1)Shop Steward for each site, currently Carbonear, Gander and St. John's.The Union shall notify the Employer in writing of the name of each Stewardand the site she represents before the Employer shall be required to

recognize her.

Permission to Leave Work

It is agreed that Shop Stewards will not absent themselves from work for thepurpose of handling grievances without first obtaining permission from theExecutive Director. This shall be scheduled so as not to interfere with regulargroup facilitation times.

Processing of Grievances

Shop Stewards shall suffer no loss in pay for the time spent processinggrievances or attending meetings with the Employer's representative. TheEmployer shall supply the necessary facilities for grievance meetings.

Settling of Grievances

An earnest effort shall be made to settle grievances fairly and promptly in thefollowing manner:

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10:07

Step 1

An employee who alleges that she has a grievance shall first present the

matter to the Executive Director through her shop steward or full time Unionofficer within seven (7) days of the occurrence or discovery of the incident

giving rise to the alleged grievance and an earnest effort shall be made tosettle the grievance at this level.

Step 2

If the grievance is not resolved within five (5) days of presenting the matterunder Step 1 and the shop steward considers the grievance to be justified,

the Employee concerned may, within a further five (5) days, submit thegrievance in writing to the Executive Director, outlining the alleged violation

and redress sought. An earnest effort shall be made by all parties to settle

the grievance at Step 2.

The Executive Director's reply shl'lll be given to the Employee and shopsteward within fifteen -(15) days ·of receipt of the grievance and shall outlineher objection or disagreement with the grievance.

Step 3

Failing settlement being reached in Step 2, either party may refer the dispute

to arbitration within fifteen (15) calendar days of the Executive Director's, or

in her absence her designate's, decision in Step 2.

Time Limits

The time limits fixed in both the Grievance and Arbitration Procedure may be

extended, in writing, by mutual agreement of the parties.

10:08 Policy Grievance

Where a dispute arises involving a question of general application or

interpretationof

this Agreement, the Union may initiate a grievance and shallcommence at Step 2.

10:09 Union Grievance

The Union and its representatives shall have the right to originate a grievance

on behalf of an employee, or group of employees, and to seek adjustmentwith the Employer in the manner provided in the Grievance Procedure. Sucha grievance shall commence at Step 2.

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10:10 Mutually Agreed Changes

Any mutually agreed changes to this Collective Agreement, made in

accordance with Clause 37.02, shall form part of this Collective Agreementand are subject to the Grievance and Arbitration procedure.

10:11 Technical Objections to Grievance

10:12

10:13

10:14

10:15

10:16

10:17

No grievance shall be defeated or denied by a technical object ion occasionedby a clerical, typographical or similar technical error.

Replies in Writing

With the exception of Step 1, replies to grievances shall be in writing anddated receipts of grievances will be given.

Grievances Through Mail

When a grievance is processed through mail, all correspondence shall beregistered or certified. The time while the mail is moving from onedestination to another shall not be considered in the Grievance Procedure

time limits.

Retroactivity of Settlement

The settlement of grievances shall be effective upon the date agreedbetween the parties.

Dismissals and Suspensions

In the case of dismissals and suspensions pending dismissal, the grievance

may be submitted in the first instance at Step 2 of Clause 10.06.

Full Time Representative of the Union Called In

A full time representativeof

the Union may be called in by the employee(s)at any step of the grievance procedure. The griever may be present duringall steps of the grievance procedure.

Unfair Treatment on Promotion or Transfer

Employees shall have the right to grieve against suspensions or alleged

unfair treatment on promotion or transfer and such grievances shall besubmitted in the first instance at Step 2 of Clause 10.06.

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10:18 Suspension or Dismissal Arbitrable

Where an employee grieves against a suspension which is subsequentlychanged to dismissal, any Arbitrator appointed to deal with the grievance

shall have the jurisdiction to deal with the merits of the suspension or

dismissal.

ARTICLE 11 ARBITRATION

11 :01 Notification of Arbitration

11 :02 •

11 :03 •

11 :04

11 :05 •

When either party requests that a grievance be submitted to arbitration, the

request shall be made by registered or certified mail addressed to the otherparty of the Agreement. The request shall include a suggested name to act

as sole Arbitrator in the dispute.

Failure to Agree

If the parties fail to agree on an acceptable Arbitrator within fifteen (15) daysfrom the date the notice was received of the Arbitrator referral, the request

for appointment shall be made to the Minister of Environment andConservation within a further five (5) days.

Arbitration Procedure

The Arbitrator shall determine her own procedure, but shall give fullopportunity to all parties to present evidence and make representations. In

attempts at justice, the arbitrator shall, as much as possible, follow alayman's procedure and shall avoid legalistic or formal procedures. She shallhear and determine the difference or allegation and render a decision within

sixty (60) days from the date of the arbitration hearing.

Decision of the Arbitrator

The decision of the Arbitrator shall be final, binding and enforceable onall

parties and may not be changed. The Arbitrator shall not have the power to

change this Agreement or to alter, modify or amend any of its provisions.However, the Arbitrator shall have the power to dispose of a grievance by

any arrangement which she deems just and equitable.

Disagreement on Decision

Should the parties disagree as to the meaning of the Arbitrator's decision,

either party may apply to the Arbitrator, within fifteen (15) days of the

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Arbitrator's decision, to have the Arbitrator clarify his/her decision, which theArbitrator shall do within thirty (30) days of releasing the decision.

11 :06 Expenses of the Arbitrator

11 :07

Each party shall pay one-half (Yz) of the fees and expenses of the Arbitrator.

Witnesses

At any stage of the Arbitration Procedure the parties may require theattendance of any employee as a witness or any other witness. Employeesrequired to attend as a witness shall be paid by the party requiring her toattend the arbitration.

11 :08 Conflict of Interest

No Person

(a) who has any pecuniary interest in the matters referred to theArbitrator; or

(b) who is acting or has within a period of six (6) months preceding thedate of her appointment acted in the capacity of solicitor, legaladvisor, counselor paid agent of either or the parties;

shall be appointed to act as Arbitrator.

11 :09 Grievance and Arbitration Pay Provisions

Representatives of the Union shall not suffer any loss of payor accumulationof benefits for the total time spent in Grievance and Arbitration procedures.

11:10 Mediation

* (a) Prior to proceeding to arbitration, the parties, upon agreement, may

elect to have the matter referred to the grievance mediation processof Environment and Conservation to attempt to resolve the grievance.If the mediation process fails, either party may refer the matter toarbitration described in Article 11 of the Agreement.

(b) Where a grievance is submitted to mediation, such submission shallnot in any way affect the time limits or any other provision of thearbitration procedure.

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ARTICLE 12 PROBATION. DISCHARGE. SUSPENSION AND DISCIPLINE

12:01 * (a) Probationary Period

(i) The probationary period shall be a period of 840 hours worked

from the date of employment for all employees, excludingovertime, within a twelve (12) month period. For the purposeof this Clause, time off with pay approved by the Employershall be considered as time worked.

(ii) The probationary period may be extended by mutual consentif the Employer determines it is unable to adequately accessthe employee in accordance with 12.01 (a) (i).

(b) Termination of Probationary Employees

(i) The Employer is entitled to terminate a probationary employeefor reasons of unsuitability as determined by the Employer, andsuch termination shall not be subject to the grievance andarbitration procedures.

(ii) Except as provided in 12.01 (b) (i), a probationary employeeshall have all other rights accorded by this agreement.

12:02 Discipline

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(i) The Employer may discipline an employee for just cause.

(ii) The Employer shall notify an employee, in writing of any disciplinewithin ten (10) days of the Employer being made aware of the eventgiving rise to such discipline. This notification shall include particularsofwork performance or conduct which led to such dissatisfaction. Theemployee's written reply to such notification of dissatisfaction shallbecome part of her record. If this procedure is not followed, suchdiscipline shall not become a part of her record for use against her at

any time.

(iii) The time period in 12:02(ii) shall be reasonably extended by mutualconsent, which shall not be unreasonably denied, in the event of

employee absences or other uncontrollable circumstances.

(iv) When an employee has completed eighteen (18) months of actualwork without any discipline, the Employer agrees to remove all priordisciplinary correspondence from the employee's file.

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12:03

12:04

12:05

12:06

12:07

12:08 *

(v) A copy of the disciplinary document which is placed on theEmployee's file shall be supplied concurrently to the employee who

shall acknowledge having received the document by signing the filecopy.

Unjust Suspension or Discharge

Should it be found upon investigation that an employee has been unjustly

suspended or discharged, the employee shall be immediately reinstated inher former position, without loss of seniority and shall be compensated for alltime lost at her regular rate of pay, or by any other arrangement which is just

and equitable by mutual agreement of the parties or in the opinion of an

Arbitrator.

Right to be Represented

Where an employee is required to attend a disciplinary meeting with theEmployer, she is entitled to be accompanied by a Shop Steward.

Personnel File

The Employer shall maintain one (1) official recognized personnel file foreach employee in the Provincial Office location. An employee shall at any

reasonable time be permitted to review her personnel file in the presence of

the Employer's representative and may be accompanied by the Shop

Stewardif

she so desires, through the arrangementof

a mutually agreeabletime.

Justice and Dignity Provisions

In situations where the Employer is unable to investigate a disciplinary matter

to its satisfaction, but feels the employee should be removed from her placeof employment pending investigation, it shall be with pay.

Access to the Grievance Procedure

Subject to 12:01 (b) (i), all disciplinary action shall be subject to the grievanceand arbitration procedure as outlined in Articles 10 and 11.

Formal Performance Assessment

When a formal performance assessment is made of a permanent or

temporary employee by the Executive Director or her designate, it will beused to support a dialogue with an employee to determine staff development

opportunities. The employee will be given an opportunity to contribute to the

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assessment process and will be given at least two weeks' notice to preparefor the meeting. The report shall not be placed on the employee's file, butshall be considered for feedback purposes only, and shall not be consideredas part of the disciplinary process in Article 12 or be subject to grievance orarbitration.

ARTICLE 13 SENIORITY

13:01 Seniority Defined

13:02

13:03

13:04

Seniority is defined as the length of service (excluding overtime) with theEmployer n a bargaining unit position and subject to Clause 13.03 shall datefrom the original date of hire; or, subject to the provisions of Clauses 12:01(a) and 13.04 or any other appropriate article, shall date from the last dateof

entry into employment with the Employer.

Seniority List

The Employer shall maintain a seniority list showing the date upon whicheach employee's service commenced and the actual seniority earned (hours)by the employee in the bargaining unit. An up-to-date seniority list shall besent to the Union and posted on a bulletin board at each WISE site in Aprilof each year.

Probationof

Newly Hired Employees

Newly hired employees shall be on probation for a period as indicated in

12.01 (a) and shall be entitled to all rights and benefits ofthis Agreement, withthe exception of seniority, which shall be effective from the original date of

employment after completion of the probationary period.

Loss of Seniority

An employee shall lose her seniority only in the event that:

(a) she is discharged for just cause and is not reinstated;

(b) she resigns, in writing, and does not withdraw her letter of resignationwithin three (3) calendar days of its submission;

(c) she is absent from work in excess of three (3) working days withoutsufficient cause or without notifying the Executive Director unless suchnotice is not reasonably possible;

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13:05

13:06

13:07

(d) she fails to return from layoff within five (5) calendar days of beingnotified to do so, except when failure is caused by sickness verified bya doctor's certificate or by other just cause as determined by theEmployer;

(e) she is laidoff

for a period longer than twenty-four (24) calendarmonths.

Accumulation of Seniority Other Than for Time Actually Worked

Unless otherwise stipulated in this Agreement, employees shall accumulateseniority in the following cases:

(a) Annual Leave(b) Sick Leave

(c) Family and Community Leave(d) Maternity/Adoption/Parental Leave(e) While on Workers Compensation, not to exceed a period of two (2)

years from the date it has been determined the employee is notreturning to work with the Employer.

(f) Unpaid leaves of absence approved by the Employer under thisAgreement, provided that the employee would not have been laid offduring the period of unpaid leave.

Application of Seniority

Seniority shall operate on a site by site basis, except as outlined in Article15:03.

Transfers and Seniority Outside Bargaining Unit

No employee shall be transferred to a position outside the bargaining unitwithout her consent. If an employee is transferred to a position outside thebargaining unit, she shall retain her seniority accumulated up to the date ofleaving the unit, but will not accumulate any further seniority while outside thebargaining unit.

ARTICLE 14 LAYOFF AND RECALL

14:01 * Role of Seniority in Layoff and Bumping

Both parties recognize that when the employer determines that a layoff(includes a reduction in hours of work) is required, seniority will be thedetermining factor in reassignment, layoff, bumping and recall. Therefore, in

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the event of layoff or in the reduction in her hours of work, the followingprovisions shall apply:

(a) Where the employer determines that a layoff is required within a site,the least senior employee in the affected classification shall be the

first employee laid off, provided that the employee(s) who would beretained in accordance with this procedure are qualified to perform thework required.

(b) An employee who has received a notice of layoff shall have the rightto either accept layoff; accept reassignment, if offered by theemployer; or may choose to bump:

(i) the least senior employee in same or equivalent bargainingunit classification within her own site provided that she is

qualified to perform the work required; or

(ii) bump the least senior employee in a lower salary classificationwithin her own site, provided that she is qualified and she is

willing to accept the rate of pay for the lower Classification.

(c ) Employees who choose to bump shall notify the Employer in writingof her choice, including her choice to exercise her bumping rights ifeligible, before the effective date of layoff.

(d) An employee who chooses to relocate to another worksite, will incurall

relocation costs incurred by the employee to move herself and/or herfamily.

(e) There shall be a trial period of thirty (30) days for employees bumpinginto a new position in accordance with clause 15:04.

(f) An employee who chooses to bump another employee in accordancewith this procedure must exercise that right before the effective date oflayoff.

(g) The employee who is bumped in accordance with this procedure shall

be deemed to have been given notice of ayoff with effectfrom the date

that the employee who bumped her was given notice of layoff.

(h) Permanent employees bumping into temporary positions will retain

their permanent status.

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14:02

•

(i) Employees to be laid off or recalled shall receive from the Employer

seven (7) calendar days notice of layoff or recall.

Recall Procedure

Employees shall be recalled in order of seniority provided that the employees

being recalled are qualified to do the work required. Therefore, in the event

of a recall, the following provisions shall apply:

(a) An employee who exercised her bumping rights retains her recall rightsfor the classification formerly held and will be recalled first in order of

seniority.

(b) An employee may change her site and or classification as a result of

exercising her bumping rights under 14:01. For the purpose of recall,

the employer will be required to recall an employee as if she did not

exercise her bumping rights.

(c) When an employee is recalled to work in the same classification orposition, she will not receive less than that received prior to layoff, plusany salary adjustment to that classification or position made duringlayoffs.

ARTICLE 15 PROMOTIONS AND STAFF CHANGES

15:01 Job Postings

(a) When a vacancy occurs or a new position is created within theBargaining Unit, the Employer shall post notices of the position in

accessible places in the Employer's premises for a period of not lessthan five (5) calendar days. Copies of all postings are to be supplied

concurrently to each site or to all members of the bargaining unit.

(b) Where the Employer decides to fill a position on a temporary basis fora specified period of time, the position will be filled in the followingmanner:

(i) The position must first be posted and filled in accordance with15:01 (a); 15:03, and 15:04;

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15:02

15:03

15:04

(ii) If the position is not filled af ter step 15:01 (b)(i), the employer willfill the position at its discretion.

Information on Postings

Notice of new positions or vacancies shall contain the following information:i. Position Title

ii. Description of the Positioniii. Required Qualificationsiv. Required Knowledge, Education and Skills

v. Location of the Positionvi. Salary Classification Level in accordance with Collective Agreement.

Procedure for Filling Vacancies

When the Employer proceeds to fill a position at a sitein

accordance withClause 15:01, the following shall apply:

(i) All employees and external candidates possessing the requiredqualifications, skill and ability will be considered . In the event the

qualifications, skill and ability of more than one preferred applicant areequal, then the following applies:

(a) internal candidates will be given preference over externalapplicants;

(b) the senior internal applicant from the affected site will be givenpreference over other bargaining unit members.

(ii) An employee who is awarded a position at another site shall take herfull bargaining unit seniority to that new site .

Trial Period

Employees who move from one classification to another shall be subject to athirty (30) working day trial period in the new classification. In the event thatthe Employee proves unsatisfactory in the position during the trial period, or

if the employee is unable to perform the duties of the new position, she shallreturn to her former position, wage or salary rate and without loss of seniority.

Any other employee promoted or transferred because of the rearrangementof positions shall also be returned to her former position, wage or salary rate

and without loss of seniority. The parties may mutually agree, in writing, toextend the trial period. Where the Employer and Union agree, the employeemay revert to her former position prior to the completion of the trial period.

Where an employee fails to successfully complete a trial period, or voluntarily

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15:05

15.06

15:07

reverts to her former position prior to the completion of the trial period, will notbe permitted to apply for the same position for a period of at least twelve (12)months.

Changes in Pay on Promotion

Changes in pay rates as a result of promotion shall be effective from the dateof promotion as specified in the letter of appointment.

Temporarv Appointment within the bargaining unit

(a) A permanent employee who is temporarily appointed to fill a temporaryposition or backfill a permanent position in accordance with this Articleshall retain her permanent status.

(b) Should a permanent employee be temporarily appointed to and occupya temporary position for a period less than twenty-four (24) consecutivemonths, she shall return to the position held prior to the temporaryappointment, if it is still available, at the conclusion of the period of

temporary appointment. If the former position is not available, sheshall be entitled to bump in accordance with Article 14.

Temporary Assignment outside the bargaining unit

(a) From time to time, WISE may engage in Special Projects which areoutside the bargaining unit.

(b) WISE may temporarily assign an existing bargaining unit member asa Special Project Worker, however, no employee shall be temporarilyassigned outside the bargaining unit without her consent.

(c) An employee who is temporarily assigned outside the bargaining unitto a special project may return to her regular position subject to givingthe employer two (2) weeks notice, providing a replacement worker forthe special project is available.

(d) Employees temporarily assigned outside the bargaining unit shallreturn to their previous bargaining unit position held prior to thetemporary assignment if such a position is still available. If the formerposition is not available she will be entitled to bump in accordance withArticle 14.

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ARTICLE 16 HOURS OF WORK AND WORK SCHEDULE

16:01 Hours of Work

16:02 •

16.03 •

(a) Subject to Article 17:01, the normal work week shall be thirty-five (35)hours per week, Monday through Friday, and the scheduled work dayshall be seven (7) hours per day between the hours of 8:00 a.m. and5:00 p.m. each day, exclusive of a one hour meal break.

(b) Summer hours shall be scheduled from the Second Monday in Junetothe Second Friday in September of each year. During this period,employees shall be required to work thirty two and one half (32 Yz)

hours per week or six and one half (6 Yz) hours per day from Mondaythrough Friday between the hours of 8:00 a.m and 4:30 p.m. each day,but will be paid for thirty-five (35) hours per week or seven (7) hoursper day.

Rest Periods

(a) Employees shall also be entitled to an Employer paid fifteen (15)minute rest period in the first and second half of the day.

(b) An employee is entitled to a one (1) hour unpaid lunch break.

Flex-Time

From time to time, staff may be required and/or request to work outside of

regular office hours. In such cases, the hours of work will be flexed within thebi-weekly, seventy (70) hour schedule.

ARTICLE 17 OVERTIME

17:01 • Definition of Overtime

(a) All time worked by an employee in excess of seventy (70) hours bi

weekly. All overtime shall be approved in advance by the ExecutiveDirector.

(b) The overtime rate shall be time off in lieu of pay at the rate of time andone half (1 Yz ).

(c) Employees entitled to time off in lieu of overtime under Clause 17.02will receive such time off at the appropriate rate at a time to bemutually agreed between the employee and the Executive Director.

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17:02 •

No more than fourteen (14) hours of accumulated time may be bankedat anyone time and all accumulated time must be used prior to March31, the end of each fiscal year.

(d) All overtime shall be calculated to the nearest fifteen (15) minute unit.

Calculating of Overtime Rates

An employee who is absent on approved time off during her scheduled workweek because of sickness, bereavement, orfamily leave, shall for the purposeof calculating overtime, be considered as if she had worked her regular hoursduring such absence.

ARTICLE 18 HOLIDAYS

18:01 Employees shall receive one (1) day's pay for each of the following holidays:

(a) New Year's Day(b) St. Patrick's Day(c) Good Friday(d) St. George's Day(e) Victoria Day(f) Discovery Day(g) Memorial Day(h) Orangeman's Day(i) Civic HolidayU) Labour Day(k) Thanksgiving Day(I) Remembrance Day(m) Christmas Day(n) Boxing Day

18:02 Compensation for Holidays Falling on Scheduled Day Off

When any of the aforementioned holidays in Clause 18:01 fall on the

employee's scheduled day off, the employee shall receive an additional seven(7) hours off with pay.

ARTICLE 19 ANNUAL LEAVE

19:01 Annual Leave

Employees shall earn annual leave credits at the rate of:

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19:02

19:03

•

19:04

(i) Less than one (1) year of service, at a rate of 1.25 days per month of

service.

(ii) One (1) year or more but less than five (5) years of service, at a rateof 1.25 days per month, to a maximum of fifteen (15) days per annum.

(iii) Five (5) years or more but less than ten (10) years of service, at a rateof 1.67 days per month, to a maximum of Twenty (20) days perAnnum.

(iv) Ten (10) years or more of service, at a rate of2.08 days per month, toa maximum of five (5) weeks.

Carrv Over of Annual Leave

In extenuating circumstances, an employee may carryforward to another year

any portion of annual leave not taken by her in the previous year up to amaximum of five (5) work days. If an employee has a vacation balance uponreceipt of a layoff notice, the employee is entitled to take a maximum of five(5) days vacation as part of the layoff notice.

Selection of Annual Leave Dates

(i) Annual Leave shall not be taken except with the prior approval of

the Executive Director. However, subject to the operations of theprogramming schedule, the Executive Director shall make every

reasonable effort to g rant the employee her annual leave at a timerequested by the employee.

(ii) In the event that several employees request annual leave for thesame period and a majority agreement cannot be reached,

preference for annual leave dates will be regulated according to arotation plan. The initial placing of the employees will be inaccordance with seniority; thereafter, the rotation will proceed

without regard to seniority.

Compensation for Holidays Falling Within Vacation Schedule

If a paid holiday, as in Clause 18:01, falls or is observed during an employee'sannual leave, she shall be allowed an additional annual leave day with pay at

a time to be mutually agreed upon between the employee and the Employer.

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19:05 Substitution for Annual Leave

19:06 *

An employee who qualified for sick leave while on annual leave may change

the status of her leave to sick leave effective the date of notification to theExecutive Director. Upon return to duty, the employee shall submit a medicalcertificate stating the total period during which she qualified for sick leave.

Part-time employees shall be entitled to payment for annual leave in

accordance with this clause on a pro-rata basis.

ARTICLE 20 SICK LEAVE

20:01 Sick Leave

20:02 *

Sick leave means a period of time an employee has been permitted to beabsent from work without loss of pay by virtue of being sick, disabled or

quarantined or because of an accidentforwhich compensation is not payableunder Workplace Health, Safety and Compensation Act.

(a) Rate of Sick Leave

Employees are eligible to accumulate paid sick leave credits at a rate

of two (2) days for each month of service to a maximum of twenty-four

(24) days per annum.

Notwithstanding Clause 20:02 (a) (i), an employee hired after May 17,2013 is eligible to accumulate paid sick leave credits at a rate of one

(1) days for each month of service to a maximum of twelve (12) daysper annum.

(b) The Executive Director may approve a request from a probationary

employee to take sick leave of short duration in extenuatingcircumstances. The Employer may request a medical certificate in

respect of such approved period.

(c) WISE staff may carry over up to five (5) days of sick leave per annum,up to a maximum of fifteen (15) in total, as after one year of

employment the employee may carry over five (5) days of sick leave,

after two years, ten (10) days and after three years of employment,fifteen (15) days. There shall be no payout of unused sick leave at the

end of employment.

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20:03

20:04

20:05

20:06

20:07

20:08

Medical Certification

Sick Leave in excess of three (3) consecutive working days shall not beawarded to an employee unless she has submitted in respect thereof amedical certificate upon her return to work. In the case of suspected abuse,the Employer reserves the right to request a medical certificate for any periodof illness.

Sick Leave During Leave of Absence and Layoff

When an employee is on paid annual leave, she shall continue to earn sickleave credits for the period of such leave and the sick leave credits shall becredited to the employee upon her return to work. An employee on layoff oron unpaid leave shall not earn sick leave credits during the period of layoffor unpaid leave.

Sick Leave Records

In April of each year, the Employer shall post the amount of sick leave creditaccrued to each employee, up to and including March 31

51of that year.

Extension of Sick Leave

When an employee has used the maximum of sick leave which may beawarded to her in accordance with this agreement, she may elect, if she is

still unfit to return to duty, to proceed on annual leave, including current and

accumulated leave if she is eligible to receive such leave and if not, on

special leave without pay to a maximum of one (1) year unless a longerperiod is mutually agreed upon between the employee and the Employer.Medical certificate shall be submitted as required by the Employer.

Sick Leave for Preventative Medical and Dental Care

Employees shall be allowed to take sick leave in orderto engage in personalpreventative medical and dental care. Employees shall whenever possibleschedule such appointments outside regular working hours, and in any event

shall not interfere with the operations of the program and instructionalschedule.

Safe and Early Return to Work Program

When an employee becomes injured, ill and/or disabled, the Employer willcarry out an Early and Safe Return to Work (ESRTW) program with theemployee with the goal of facilitating her return to work as early and safelyas possible in accordance with applicable legislation.

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Procedure

(a) An employee who is unable to work due to an InJury, illness ordisability, and her sick leave benefits under Article 20:02 have expired;she may be requested to provide the Employer with a functionalassessment from a health care provider in order to facilitate an Earlyand Safe Return To Work Plan. Regular communication betweenemployee and employer should continue in order to communicate thechanges in functional ability information.

(b) The Duty to Accommodate is a joint responsibility of the Union,employee and Employer. The Employer will work with health careproviders and other professionals to determine how an employee canbe accommodated so she can perform the essential duties of herposition or an alternative work arrangement, if one is possible withoutundue hardship to the parties involved.

(c) Alternative work assignments will attempt to be comparable in natureto the pre- injuryworkofthe employee. All workplace accommodationsto facilitate a return to work will be guided by health care and otherprofessionals and will be outlined in writing and provided to all

workplace parties supporting the ESRTW program.

ARTICLE 21 FAMILY AND COMMUNITY LEAVE

21 :01 An employee shall be granted paid family or community leave in anycombination not to exceed six (6) days in any fiscal year. This leave may betaken for either family or community commitments in the following instances:

*

(a) to attend to the temporary care of a sick family member living in thesame household, or the employee's mother, father or child notnecessarily living in the same household;

(b) attend to the needs relating to the birth or adoption of an employee'schild;

(c) accompany a dependent family member living in the same householdon a dental or medical appointment;

(d) attend meetings with school authoritiesand special education functionsinvolving the school;

(e) attend to needs related to home or family emergencies;

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21:02

(f) to perform volunteer services with a community organization, asdocumented on the organization's official letterhead, detailing thenature and length of time of the activity.

Qualifications For Leave

In order to qualify for family and community leave, the employee shall:

(b) provide as much notice to the Employer as reasonably possible;(c) provide to the Employer valid reasons why such leave is required; and(iii) where appropriate, have endeavoured to a reasonable extent, to

schedule such event during off duty hours.

ARTICLE 22 BEREAVEMENT LEAVE

22:01 Paid Bereavement Leave

22:02

Subject to Clauses 22:01 (c) and (d), an employee shall be entitled tobereavement leave with pay as follows:

(a) In the case of the death of an employee's mother, father, brother,sister, child, spouse, legal guardian, common-law spouse, significantother, grandmother, grandfather, grandchild, mother-in-law, father-inlaw or near relative living in the same household, three (3) consecutivedays.

(b) In the case of her son-in-law, daughter-in-law, brother-in-law, or sisterin-law, aunt, uncle, niece or nephew, one (1) day.

(c) If the death of a relative referred to in Clause 22:01 (a) occurs outsidethe Province, or necessitates travel greater than four (4) hours, theemployee may be granted leave with pay not exceeding four (4)consecutive days for the purpose of attending the funeral.

(d) In cases where extraordinary circumstances prevail, the Employer at

her discretion, may grant special leave with pay for bereavement up toa maximum of two (2) days in addition to that provided in Clause 22:01(a), (b) and (c).

If an employee is on paid sick leave, annual leave or family/community leaveand qualifies for bereavement leave under Article 22:01 , the employee will becredited with the applicable number of leave days.

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ARTICLE 23 GENERAL LEAVE

23:01 Upon written request to the Execut ive Director, subject to operational

requirements and the availability of qualified replacement staff, employeesmay be permitted one (1) month of unpaid leave, not to exceed one (1)request following a twenty four (24) month period of continued employment,during which she shall earn seniority only, provided the employee would not

have been on layoff during the period of unpaid leave. There will be noaccrual of benefits for the duration of unpaid leave.

ARTICLE 24 PAID JURY, COURT WITNESS OR JURY SELECTION LEAVE

24:01 The Employer shall grant leave of absence without loss of pay, seniority oraccumulative benefits to an employee who serves as a juror, witness in any

Court, or who is required to attend jury selection. The employee will present

proof that she attended as a juror, witness in Court or for the purpose of uryselection. Any remuneration the employee receives from the Courts will be

over and above her pay and benefits from the Employer.

ARTICLE 25 EXTENDED UNPAID LEAVE

25:01

25:02

(a) Upon written request, a permanent employee who has completed two(2) years of work shall be granted unpaid leave to a maximum of

twelve (12) months subject to the operational requirements and the

availability of qualified replacement staff, with the understanding thatno employee can have more than twelve (12) consecutive months of

unpaid leave during the life of this Agreement. An employee who ison extended unpaid leave will continue to accumulate service, unless

she would otherwise have been laid off, for the purposes of seniority,but no accumulation of other benefi ts during the period of unpaid leave.

(b) An employee shall give the Executive director at least two (2) week's

written notice of intention to return to work.

(c) An employee shall resume her former position and salary upon returnfrom leave, with no loss of accrued benefits, provided such position still

exists.

(d) Approval of a leave request under this article will take intoconsideration the start and end dates of scheduled programs.

All request(s) for Unpaid Leave must be submitted in writing to the ExecutiveDirector, or her designate, for approval at least thirty (30) calendar days prior

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to the proposed start of the leave period. Whenever possible, the Employerwill endeavour to accommodate an employee's request to commence theleave in less than the thirty (30) day period.

ARTICLE 26 UNION LEAVE

26:01 Negotiation Pay

26:02

The Employer agrees to continue the regular pay and benefits for one (1)

employee for the periods that the employee is in attendance at collectivebargaining meetings scheduled with the Employer. No premium pay shallapply and the Union shall be responsible for all other Union related costsassociated with collective bargaining.

Leave of Absence for Union Business

Upon written request by the Union to the Executive Director, and with the

approval in writing of the Executive Director, leave without payor earnedbenefits for Union Business will be given to the employees, based on

operational requirements, not to exceed two days in total per site location,which may be extended by mutual agreement of the parties.

ARTICLE 27 EDUCATION LEAVE

27:01 An employee who is upgrading her employment qualifications through anEmployer approved upgrading course shall be entitled to a leave of absencewithout loss of pay and benefits to write examinations required by suchcourse.

ARTICLE 28 MATERNITY. ADOPTION AND PARENTAL LEAVE

28:01 (a) Employees are entitled to maternity, paternity or adoption leave without

pay in accordance with applicable legislation and regulations.

(b) The period of such leave shall be for a maximum of fifty (52) weeks,and the period of such leave shall count for seniority, and service for

accrual of annual and sick leave but not entitlement to those benefitsin respect of the period of such leave.

(c) Employees shall give the Executive Director at least two weeks writtennotice of intention to return to work.

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(d) Employees may apply and be considered for positions pursuant toArticle 15 while absent on such leave.

(e) Employees may continue full benefit coverage by paying the full costof group insurance plan premiums during the period of such leave.

ARTICLE 29 PAYMENT OF WAGES. BENEFITS. AND ALLOWANCES

29:01 Wages

29:02

The Employers submission to its funding agencies for an annual increase willreflect the approved annual wage increases of Government of Newfoundlandand Labrador employees.

The actual amount of the wage increase to be awarded to all employees in

that year shall be the amount actually awarded to WISE as a global salaryincrease from the funding agencies that is to be awarded to all employees. In

the event a global salary increase is not approved by the funding agencies or

an increase is only approved for certain but not all sites, a salary shall beawarded to each site as approved by the funding agencies, with the effectivedate to be the date of the funding contract for the specific site.

WISE shall provide the Union with documentation with respect to salaryincreases submitted to the funding agencies as well as the salary increaseresponse from those funding agencies in accordance with the above.

(a) Linkages Stipend and other allowances

Subject to the terms and conditions of the Linkages Contract, an

employee involved in the administration and delivery of a linkagescontract may be paid a portion of the Linkages contract Administrationfee for clients served from the site.

(b) The amount of the Linkages Stipend to be paid to employees at eachsite will be based on the value of the Linkages contract for that site

minus any expenses incurred to deliver the contract divided by thenumber of employees working the contract.

(c) Employees will receive this fee upon conclusion of the Linkagescontract and final report and when WISE receives the funding expectedfor this.

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29:03

29:04

29:05

Classification

(a) Each employee shall be provided with a written job description for theirjob classification.

(b) Each employee shall be notified in writing of any change in their

classification.

(c) When an employee feels that her position has been unfairly orincorrectly classified, the employee may submit a request for review tothe Executive Director. Consideration for any new classification, as aresult of the review, shall be subject to Clause 4.02.

(d) Classification decisions arising out of an employee's request for reviewshall be effective the date funding can be secured for the newclassification.

Pay on Temporarv Assignment Lower Position

When an employee is temporarily assigned by the Executive Director to aposition paying a lower rate of pay, her rate of pay shall not be reduced.

Employee Benefits

(a) A Group Health Benefits Plan will be provided for Employees for the lifeof this Agreement All employees, upon successful completion of the

probationary period, will be required to participate in the plan, if eligible.The Employer will undertake to consult with the insurer to request areduction in qualifying time to enable access to probationaryemployees.

(b) The Employer will pay 50% of the premiums ofthe Insurance Plan andthe employees will pay 50% of the premium.

(c) Employees on unpaid leave shall have the right to continue coveragewhile on unpaid leave for up to six (6) months through direct payments

of 100% of the premiums of the Insurance Plan, provided the employeemaintains continuous participation when transferring from work tounpaid leave.

ARTICLE 30 LAYOFFfTERMINATION FROM EMPLOYMENT

30:01 Annual leave shall not be used as any part of the period of the stipulatednotices referred to in the Article unless mutually agreed between the parties.

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30:02 Subject to Article 19 and Article 30.04, upon termination or layoff, an

employee shall receive pay for all accumulated annual leave not taken by herprior to termination or layoff provided, however, that any indebtedness to theEmployer may be deducted from such payment.

30:03 Employees shall give the Executive Director seven (7) calendar days writtennotice of intention to terminate employment.

30:04 Where an employee fails to give notice as stipulated in Clause 30.03, theEmployer reserves the right to withhold payment for any annual leave in

excess of that prescribed by the Labour Standards Act, provided that in nocase shall the penalty exceed the period of notice.

ARTICLE 31 TRAVEL ON EMPLOYER'S BUSINESS

31 :01 (a) Employees who are required to travel on Employer's business shall be

reimbursed for meals and mileage in accordance with currentProvincial Government Travel guidelines.

(b) For each day or part thereof, on travel status, the maximum rateallowable for meals, inclusive of taxes and gratuities, shall be asfollows:

Province Breakfast Lunch Dinner Total

20020401 $7.30 $10.95 $18.25 $36.50

Other US Other

Provinces

20020401 $43.00* $43.00** $48.00**

* Breakfast - $ 9.45 Lunch - $14.35 Dinner - $20.20** Breakfast - $10.55 Lunch - $14.90 Dinner - $22.55

31 :02 Employees who are authorized to use their own cars while traveling on

business for the Employer shall be reimbursed as follows:

Effective Date

20020901 31.5 cents/km or quarterly adjustment asdetermined by the travel rules formula

31 :03 The method of travel shall require prior approval of the Executive Director.

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31:04

31:05

31:06

An employee on overnight travel status shall be entitledto claim an incidentalexpense for each night on overnight travel status at a rateof $5.00 per night.

Employees who provide their own accommodations while traveling onEmployer's business will be compensated at a rateof $25.00 per night.

When an employee is required to travel on Employer's business outside hernormal working hours, she shall be permitted to take timeof f in lieu of traveltime at the appropriate straight time rate.

ARTICLE 32 ADVERSE WEATHER CONDITIONS

32:01 * (a)

* (b)

When, due to inclement weather, post secondary Institutions areclosed in the region where the WISE site is located, the local WISE

office will be closed and employees will not be expected to report to

work and shall not suffer any loss of wages.

In the event that an employee cannot safely arrive to the workplacedue to adverse weather conditions, and the site is open, she is to notifythe site and will be allowed the opportunity to take annual leave, familyleave or unpaid leave.

ARTICLE 33 HARASSMENT

33:01 The Employer and the Union recognize the rightof all employees towork in

an environment free from harassment and shall work together to ensure thatharassment is actively discouraged. All reported incidentsof harassment shallbe investigated as quickly and as confidentially as possible. The Employeragrees to take all steps to ensure that the harassment stops and thatindividuals who engage in such behaviour are appropriately disciplined. TheEmployer agrees that victims of harassment shall be protected, wherepossible, from the repercussions which may result from a complaint.

ARTICLE 34 OCCUPATIONAL HEALTH AND SAFETY COMMITIEE

34:01 Nature of Committee

The parties agree to be bound by the provisions of the NewfoundlandOccupational Health and Safety Act and Regulation.

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34:02

34:03

Occupational Health and Safety Representation

Both the Union and the Employer agree to cooperate ful ly in promoting safework practices. Employees in each site shall elect one (1) Worker'srepresentative. The Employer shall be duly notified, in writing, as to the namesof the employee representatives.

Function of Worker's Representative

The Employee Health and Safety Representative will endeavor to make a safeand healthy workplace by participating in the identification and resolution of

health and safety concerns with management in accordance with theNewfoundland and Labrador Occupational Health and Safety Act.

ARTICLE 35 GENERAL CONDITIONS

35:01 Temporary employees shall be entitled to the wages and benefits of thisagreement for the duration of their employment. Earned benefits shall be prorated and employees will be allowed to carry forward these benefits from oneperiod of employment to the next.

ARTICLE 36 CONTRACTING OUT

36:01 Work normally done by employees within the bargaining unit shall not be

contracted out in such a manner as to cause layoff or prevent recall ofemployees who are qualified and able to perform the required tasks and on

layoff, or loss of benefits or work of employees within the Bargaining Unit.

ARTICLE 37 DURATION OF THE AGREEMENT

37:01 *

37:02

This agreement shall come into effect on the date of signing and shall remainin full force and effect until August 31,2015 and, thereafter, from year to yearunless either party gives notice, in writing, of termination or amendment not

more than sixty (60) calendar days and no less than thirty (30) calendar daysprior to the date of expiration.

Changes in Agreement

Any changes deemed necessary in this Agreement may be made by mutualagreement at any time during the existence of this Agreement.

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37:03

37:04

37:05

Notice of Changes

Either party desiring to propose changes to this agreement shall within thirty(30) calendar days following receipt of notice under Clause 36.01, give noticein writing to the other party of the changes proposed. Within thirty (30)calendar days of receipt of such proposed changes by one party the other is

required to enter into negotiations for a new collective agreement.

Agreement to Remain in Effect

This agreement shall remain in full force and effect during negotiations for arevision or renewal o f the terms of this Agreement and until such time as it isreplaced by a new collective agreement.

No Strikes or Lockouts

The Union agrees that during the life of this Agreement, there shall be nostrikes, suspensions or slowdown of work, picketing by members of the Unionon the premises of he Employer or any other interference with the Employer'sbusiness. The Employer agrees that there shall be no lockouts during theterm of this Agreement.

ARTICLE 38 RETROACTIVITY

38.01 * The monetary provisions of the Collective Agreement shall be retroactive to

April 1, 2013 or the date of the approved contracts covering said expenses,unless otherwise specified in this agreement.

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LETTER OF UNDERSTANDING

RE. ARTICLE 4.01 (Al - CONCURRENCE FOR FUNDING

December 20,2012

Valerie CaruthersExecutive Director

WISE

RE: Article 4:01 (a) of Wise Collective Agreement

Letter of Concurrence fo r Funding

This is to confirm that the Union, the Newfoundland and Labrador Association of Public and

Private Employees, are in support of the positions approved for the delivery of CareerPlanning and Job Search programs and service in St. John's, Carbonear and Gander being

funded for each fiscal year on an ongoing basis.

Sincerely,

,

Vina J GouldEM OYEE RELATIONS OFFICER

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SIGNED this ) '1 day of---rr1o.zr ,2013.

IN WITNESS WHEREOF the parties hereto have hereunto their hand and sealssubscribed and set the day and year first before written.

ON BEHALF OF WOMEN INTERESTED IN SUCCESSFUL EMPLOYMENT (WISE):

/ 7- G WiTNESS /

V

ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF

PUBLIC AND ATE EMPLOYEES:r ; : ; ~,

,-

36

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