COLLECTIVE AGREEMENT

BETWEEN

ONTARIO PUBLIC SERVICE EMPLOYEES UNION ON BEHALF OF ITS LOCALS 261, 265 AND 282

AND

THE REGIONAL MUNICIPALITY OF HAL TON (ALLENDALE, CREEK WAY VILLAGE AND

POST INN VILLAGE)

DURATION: JUNE 1, 2011- MAY 31,2013

Sector 8 2-998-132-20130531-8

TABLE OF CONTENTS

ARTICLE 1-PURPOSE .•••.•••..••..••.••••.....•....•.•..•••.••.•••••••••...•.••...•.•..••••••.••..•••••••..•......••..••.....•••.••••••..•.••..•.••...•....•..••• 1

ARTICLE 2-RECOGNITION •.•.•••••••.•..••.•••..•.••••.•••••••..•..•••.••..•.•••.•••••••••.•..•.....•...•...••.•.••••••••••••.•••••••..•...•.•..•....••..••.• 1

ARTICLE 3-REGION'S RIGHTS .••..••.••••••••.•••.•..•••••...••••••••••••••••.••.•..•.•..••...••••.•••••••.••••.••.•••.•••...•............•..•.•••...••••• 2

ARTICLE 4-STRIKES AND LOCKOUTS ••.••••••.•••••••.••.••••....••••..•.••.••••••.•...••.••.••.......•.••.•••••••••.•.•••..••••••.•.•.....•...... 3

ARTICLE S-CHECK OFF OF UNION DUES .•••••••••.....•••••.•..••••.••••.••.....••...•...••....••.•.•••.••.••••.•.••..•••.•...•.•.....•.•....•. 3

ARTICLE 6-REPRESENTATION .•••••••.•.•..•.•.••.•••....•••••••.••.••••.••••.••.•......••.••.•••..••.•.••••••.••••.••••...•.••.•.•..........•••..•.••••• 4

ARTICLE 7-EMPLOYEE EMPLOYER RELATIONS COMMITTEE •.•••••••••.••••.••.••••......•.•.•...•.•.•••..•.•..•.••...•..•••• 6

ARTICLE 8-HEALTH AND SAFETY .•..•.•..•..•••.•••.••••••..••.••••.•.••...•••..••..•••.••••••.•.••.•••.•.....•...•••.••••.••••.•..•••..•••••....•.•.• 7

ARTICLE 9-RELATIONSHIP ..••.••.•••••.•••••••...•.•...•••••••.••••••••••..........•.••••.••.•..•••••••.••••••••..•.•.•..•.........••.••..••.••.•••..•••.••• 8

ARTICLE 10-GRIEVANCE PROCEDURE .••.••.••.•••••.•..•••.•••...••.••.•...••••••.•.••••.•.•.•.•.••..•.•...•••••.•..•.••.••..••••••••.•...••.••• 9

ARTICLE 11-POLICY GRIEVANCES, GROUP GRIEVANCES AND EMPLOYER GRIEVANCES ......••.. 11

ARTICLE 12-MEDIATION .........••.•.••.•••••.•••.••.•..••.••.••••.••••••.•.••.••.•.••.•••..•..•....••....••..•••.•••••.•••••.•..••••.•.•••..•..........•.•••• 12

ARTICLE 13-ARBITRATION .•..••••••••••••••••.•........•••••.••••••.••••.••....•..•.......••••.•••••.•••••..••.•••••.•..•.•........•...•..•.....•.•••.••.•• 13

ARTICLE 14-SENIORITY ...••..•..••.•.•••••••.•....••..•.•••••••••••.••.••..••.•....•....•••.•••.•.••••.•••.••..•.••••.••...•.•...•......•.•••.•.••...••••••••• 14

ARTICLE 15-JOB VACANCIES AND TRANSFERS •••••••••••••.•••••..•...•.••.••...•..•••.•.••.••••••..••.•••••••.•••••••.•.•.....•.•••.• 16

ARTICLE 16-LAYOFF AND RECALL ••••••••••••.•.•••••.•••••••••.••.•..•.••...•.....•..••••••••••••••.••••••.••••.•••.••.•.•••.••••...•.••.....••..• 19

ARTICLE 17-PAID HOLIDAYS ••••••••••••••••••.••.•••..••••••.•••.•••••••••.•...•.......•..••.••••..•••••••.••••••••••••••••••••••••••.....•........•.•••• 22

ARTICLE 18-VACATIONS •.•.•••••••••••••••••••..•.•..••.•.••.•••.••••.••.•.••...•..••••••••••.••••••••••••••.••••••••••••••••••••••••....•..••.•••...•.•••••• 24

ARTICLE 19-EMPLOYEE BENEFITS ••...•••.•••..•••••••••••...••••••••....••..••••••••••••••••.••••.••••••••.••••.••.•••...••.•.•.•••.••.•.••.•••••. 28

ARTICLE 20-HOURS OF WORK AND OVERTIME .•••••••••••••••••.•••..•........•....••.•....•.•.•••.•.••.••••.••.•••••..••••••.•...•...•• 31

ARTICLE 21-LEAVES OF ABSENCE ••••••••.••••.....••••••••••••••••••••.•••..•...•.....•.•••.••.....•••••.•.••.•••••.•••••••••••.•••••..•..••••.... 35

ARTICLE 22-WAGE AND CLASSIFICATION RATES ••••••••••.••.•.•.•••..•..••••••••••.•••••••••••.•••••••••.••••••••••••••••••.••.... .41

ARTICLE 23-SHIFT AND LEAD HAND PREMIUMS ••••••••••••.•..•.....•.•.••••••••.••••••.••••.••••••••.••••••.••••.••.•••.••.••......... 44

ARTICLE 24-STANDBY ALLOWANCE .••..•...•..••••••.••••••••.•••.•..•........••.•••.•.•••••••••.••••••••••••••••.•.•••••........•.•..••.....•... 44

ARTICLE 25-GENERAL PROVISIONS ••••••••••••••..••••••••••••••••••••••••••••••..•.•.•••••..••...••......••....••.•••.••••..••.•••••••.•••••••••• 45

ARTICLE 26-TERM OF THE AGREEMENT •.•.•••.••••••••••••••••••••.••.••.........•••••...••••••....••••••••••••••••••••••.••.••••.•••.••..•••• 48

SCHEDULE "A" -SHORT TERM SICK PLAN •••••.•••••••••••••••.•..•••••..•...•.•.•••..••••••••••.••••.•••••.•••••..••••••••••••.••..•••..•• .49

APPENDIX "A-1 "-SHORT TERM SICK BENEFITS .••••.•.••...•..•....••.•••••••••••••••••..••••.•••••••••••...••.••••••.•.•••.••........•• 55

SCHEDULE B- WAGES ••.••••••..••••••.........•.•.••••••••••••••..•••••••..••...••.......•••••.•.••••••••••••.•.•••••••••.•••.•.•.•..•.••.•.•••.•..•.•..•..•. 56

LOU #1- PART-TIME PERSONAL SUPPORT WORKER JOB CLASSIFICATION •••..•••••••.•••.••••••.••••.•••••. 60

LOU #2- RE-PICKING OF FULL-TIME SCHEDULES ••••••••.•••.•••.••••••.•...••••.•.••••.••••.....••....••••.•••.•.••.•..••..•••.•••••• 61

LOU #3- RE: FULL-TIME 35 HOUR EMPLOYEES AND PAID HOLIDAYS .••.••.•••••••.••.••••.•••••••••.•.....•••.•••••• 62

LOU #4- RE: CONTRACTING OUT •••.••••.••••.••••••.•.••.••••.•.••••••••.•••••.••••.•••••.••.•.••••.•••••••••••••.••...•...•.•••.••..•...••••••••••• 64

LOU #5- RE: OPSEU JOINT TRUSTEED BENEFIT PLAN ••.••••••••••••••..••••••••••.••••••••••••••••.....••••••.•.•.....••.•.•••..• 65

LOU #6- RE: RECRUITMENT AND RETENTION STRATEGIES COMMITTEE ••••••••........•••...••••....•...••.••••. 66

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LOU #7- RE: VOLUNTARY EXIT OPTION •.•••••....••••..•.•..•••.••..•••.••.•.•••.••.•.••...........•....••.••.•••.••....•.•....••...••.•.•..•.. 68

LOU #8- RE: LATERAL TRANSFER PROCESS FOR PART-TIME EMPLOYEES ..•••.••••••..•..••.•••.•.•.•••••••• 70

LOU #9- RE: SHIFT REPORT FOR REGISTERED PRACTICAL NURSES •••.••••.•••••..••••••.•••.•••.••..••••.•..••.•.. 71

LOU #10- RE: DISTRIBUTION OF ADDITIONAL NURSING HOURS .......................................................... 72

APPENDIX C - EARLY RETIREE BENEFITS •••....•••••.•••••.•.•.•••.••.•.••...•.......•..•.••••••.•••••••.••.•.•••••••.•.•.••.•.••••••••••.•. 73

ARTICLE 1-PURPOSE

1.01 The general purpose of this Agreement is to establish mutual satisfactory relations between the Region and its employees and to provide procedures for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions for all employees who are subject to the provisions of this Agreement.

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1.02 Recognizing the common dependence of the Region and its employees upon the success of the Home's service as a whole, the parties to this Agreement support the mutual objective of quality resident care through increased efficiency, and both parties will endeavour to promote regular attendance amongst all employees.

1.03 Copies of the Agreement

In the interest of promoting understanding of this agreement, the Region will supply present and future employees with a copy of this Agreement. The Union agrees to pay one-half(~) of the cost of printing the Agreement, upon being invoiced by the Region. The Region agrees to pay one-half(~) of the cost of printing the Agreement, upon being invoiced by the Union.

ARTICLE 2-RECOGNITION

2.01 The Regional Municipality of Halton recognizes the Union as the sole and exclusive bargaining agent of all employees of the Regional Municipality of Halton at Allendale, Post Inn Village and Creek Way Village, save and except Supervisors, persons above the rank of Supervisor, Administrative Assistants to the Administrator/Reception, Registered Nurses, Social Workers, students employed during the school vacation and/or a co-operative study program at a university or community college, employees of Superior Cleaning Services (or a similarly contracted similar service provider) at Post Inn Village and Creek Way Village and persons employed in Shared Services.

For greater clarity a Shared Services employee shall be defined as an individual who provides services to multiple facilities and programmes. Shared Services positions include the following: Nurse Practitioner, Clinical Nurse Specialist, Admissions Coordinator, Nutritional Services Supervisor, Dietitian Specialist, Dietician, Infection Prevention and Control Specialist, CQI Staff Development Coordinator, Social Worker, Occupational Therapist, Volunteer Coordinator, Attendance Management Coordinator, Health and Safety Advisor. Employees in job classifications listed in Schedule B (Wage Schedule) shall not be defined as shared services positions.

The parties further agree that employees working in the Villages of Halton Production Kitchen located at the Allendale facility are included in the bargaining unit.

2.02 Definitions

"Employee" means a person hired by the Region for a position which comes within the bargaining unit described in Article 2.01.

The parties recognize the following categories of employees;

(a) A "full-time employee" who is regularly scheduled to work for thirty-five (35) hours or forty (40) hours per week depending on job classification;

(b) A "part-time employee" who is regularly scheduled to work for less than thirty-five (35) hours or forty ( 40) hours per week depending on job classification;

(c) A "casual employee" who is hired to work on an irregular basis for less than thirty-five (35) hours or forty (40) hours per week depending on job classification and has no set schedule.

(d) A "temporary'' employee who is newly hired by the Region for a specified term not to exceed twelve (12) calendar months and who may be employed on either a part-time or full-time basis whose hours of work are defined in (a) or (b) above.

ARTICLE 3-REGION'S RIGHTS

3.01 The Union recognizes that the Region has and shall maintain the exclusive right to manage its business and direct its operations in all matters, which are not specifically restricted by the terms of this agreement, and, without limiting the foregoing, it is the exclusive function of the Region to:

(a) Maintain order, discipline and efficiency;

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(b) Hire, discharge, layoff, direct, classify, conduct performance appraisals, transfer, promote, demote, suspend and otherwise discipline for just cause any employee of the Region;

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(c) Generally manage the operation and undertaking of the Region and, without restricting the generality of the foregoing, to establish and change rules and regulations, determine job duties, qualifications, quality and quantity standards, hours of work, schedules, shifts, overtime, purchasing of services, manage and conduct business and to select, install and require the operation of equipment, building and machinery which the Region in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the operations and undertakings of the Region.

ARTICLE 4-STRIKES AND LOCKOUTS

4.01 There shall be no strikes or lockouts so long as this agreement continues to operate. The words "Strike" and "Lock-out" have the meaning attributed to them in the interpretation section of the Ontario Labour Relations Act.

ARTICLE S-CHECK OFF OF UNION DUES

5.01 The Region will deduct from the pay of each employee covered by this Collective Agreement an amount equivalent to such monthly union dues as may be designated by the Union from the first day of employment in the bargaining unit. Such monthly dues shall be forwarded to the Director of Finance at the Union's head office in Toronto, Ontario. The mailing address is: 100 Lesmill Road, North York, Ontario, and M38 3P8.

5.02 The Region shall provide the Union, together with the above-mentioned monies, not later than the fifteenth (15th) day of each month following the month in which the deductions were made, a list showing the names and Social Insurance Numbers of all bargaining unit employees from whose wages the deductions have been made, and the amount of dues deducted from each employee.

5.03 The Region agrees to include the annual total of dues deducted on each employee's T-4 slip.

5.04 The Union will advise the Region in writing of the amount of its regular dues. The amount so advised shall continue to be deducted until changed by further written notice to the Region.

5.05 The Union agrees to indemnify and save the Region harmless from liability arising out of the operation of this Article.

5.06 The Region agrees that, should negotiations result in retroactive payment of wage increases, the Region will deduct the amount of dues required by Article 5.01 of the Collective Agreement at the time the payment is made.

ARTICLE 6-REPRESENTATION

6.01 The Region agrees to recognize a Chief Steward and the following union committees: a grievance committee, negotiating committee and an employer/employee relations committee.

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6.02 The Local Union shall notify the Region in writing of the names of the Chief Steward, Union Committee Members, individual Stewards and the department they each represent before the Region shall be required to recognize them. Likewise, the Region shall notify the Union in writing of the names of Department Supervisors

6.03 The right of committee members and stewards to leave their work without loss of regular pay or benefits to attend to union business is granted if all of the following conditions are met :

(a) such business must be between the Union and the Region;

(b) the time shall be devoted to the prompt handling of necessary Union business;

(c) committee members shall give their supervisor two (2) business days notice of a scheduled meeting.

(d) the committee member concerned shall obtain the written permission, on the form provided, of her/his supervisor before leaving her/his work. Such permission shall not be unreasonably withheld.

6.04 Payment for Union Business

For employees who are to attend meetings, which occur on their scheduled time off, payment will be made at their regular straight time hourly rate for any hours in attendance at EERC meetings, Pay Equity related meetings and mediation meetings. The foregoing will also apply to Union president, Chief Steward and the applicable steward for a Step 2 grievance meeting which is scheduled on their scheduled time off.

With respect to requests for time-off for Union business that would result in loss of scheduled hours of work and related wages, the Region agrees to pay employees the wages and/or benefits that would otherwise be lost and invoice the Union for reimbursement as soon as possible following such occurrence.

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The Union undertakes to reimburse the Region within sixty (60) days of receipt of such invoice.

6.05 Grievance Committee

(a) For purposes of processing employee grievances, the grievance committee shall be composed of three (3) members including the President (or designate), chief steward, and the steward from the appropriate department where possible.

(b) An employee will have the right to have a steward present at any meeting with Management, which is disciplinary in nature.

(c) An employee subject to an alleged "abuse" investigation by management will be entitled to Union representation during the investigation and the employee, upon request, will receive written confirmation regarding the results of the investigation.

(d) When an employee is placed on an unpaid leave of absence pending completion of an investigation, the employee will be paid from the sixth (6th) business day on and until the investigation is completed.

6.06 Negotiating Committee

The Region will recognize a Union negotiating committee of seven (7) employees (in total) together with a Union representative not employed by the Region, to represent the Union in meetings with the Region in the negotiation or administration of this agreement. Two (2) representatives from the Allendale home, two ( 2) representatives from the Creek Way Village home, two (2) representatives from the Post Inn Village home and one (1) representative elected at large. The President of each home will be an automatic representative on the bargaining team.

The Region will pay employee members of the negotiating committee for up to eight (8) hours of normal working time lost at each negotiation meeting up to and including conciliation.

The Union will make every reasonable effort to encourage members from different departments to seek election to the bargaining committee.

6.07 Correspondence

All communications relating to matters arising out of this agreement shall be addressed as follows:

To the Region: To the Union: Regional Municipality of Halton OPSEU (Hamilton Regional Office) 1151 Bronte Road, 505 York Blvd, Suite- 2nd Floor Oakville, Ontario, L6M 3L 1 Hamilton, Ontario, L8R 3K4 Attention: Director of Human Resource Services

6.08 Bulletin Boards

The Region will provide bulletin boards for the convenience of the Union in posting notices of its activities, their location to be subject to agreement by the parties. The number of bulletin boards shall be as follows:

6.09 Orientation

Allendale -two (2) bulletin boards Post Inn- one (1) bulletin board Creek Way- one (1) bulletin board

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The Local Union President or designee may be allowed a reasonable period of time during the orientation meeting to speak to new employees as a group. Such presentation shall not exceed fifteen (15) minutes.

ARTICLE ?-EMPLOYEE EMPLOYER RELATIONS COMMITTEE

7.01 The Union and the Region agree that consultation and communication on matters of joint interest are desirable to promote constructive and harmonious relations. Accordingly:

7.02 Both parties agree to establish an Employer/Employee Relations Committee at each Home consisting of three (3) local union representatives, and three (3) Region representatives, with the capacity of either party to bring in an additional resource person from the Local Union or the Region.

7.03 The chairperson shall alternate between a member of the committee selected by the Union and a member selected by the Region.

7.04 The chairperson shall appoint a secretary who shall keep the minutes of the meeting.

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7.05 The committee will meet once (1) per month or more or less frequently by mutual agreement.

7.06 The committee will provide a forum for on-going communication and the joint consideration of various concerns, which arise in the day-to-day activities of employees represented by the Union.

7.07 Payment for attendance at such meetings shall be in accordance with Article 6.04 (Payment for Union Business).

ARTICLE 8-HEAL TH AND SAFETY

8.01 The Region and the Union agree that they mutually desire to maintain standards of safety and health in the workplace in order to prevent accidents, injury and illness.

Recognizing its responsibilities under the applicable legislation, the Region and the Union agree to establish and maintain a Joint Health and Safety Committee at each home.

8.02 The Region agrees to recognize the following number of representatives selected or appointed by the Union from amongst the bargaining unit employees at the home.

Allendale - up to six (6) representatives Post Inn- up to four (4) representatives Creek Way- up to four (4) representatives

8.03 Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to health and safety.

8.04 The Region agrees to co-operate reasonably in providing necessary information to enable the Committee to fulfil its functions.

8.05 Meetings shall be held every quarter or more frequently at the call of the co­chairs, if required.

8.06 The committee shall maintain minutes of all meetings and make the same available for review.

8.07 Committee members shall serve for a term of at least one (1) calendar year from date of appointment.

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8.08 Time off for committee members to attend meetings of the Joint Health and Safety Committee shall be granted and their attendance at meetings shall be without loss of regular wages. If a Committee member attends on her/his own time, she/he will be paid at her/his straight time or overtime rate of pay as may be appropriate for the duration of the meeting.

8.09 Time off work for committee members to perform related, legislated functions including inspections and training shall be granted and shall be without loss of regular wages.

8.10 The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices.

ARTICLE 9-RELATIONSHIP

9.01 The Region, its employees, and the Union agree to abide by the provisions of the Ontario Human Rights Code, the Employment Standards Act, the Labour Relations Act, and the Occupational Health and Safety Act.

9.02 There shall be no discrimination or harassment practised by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability, as defined by the Ontario Human Rights Code.

9.03 The parties agree that there shall be no discrimination or harassment practised by reason of an employee's membership or non-membership, or activity or non­activity in the Union.

9.04 The Region recognizes its duty to accommodate Employees under the Ontario Human Rights Code. Where such a duty arises, the Region will develop an appropriate accommodation plan in accordance with the Ontario Human Rights Commission Policy and Guidelines on Disability and Duty to Accommodate.

9.05 The Region, its employees, and the Union recognize their obligations under the Occupational Health and Safety Act and are committed to providing and maintaining respectful workplaces. Behavior which does not support a respectful workplace will not be tolerated or condoned.

To ensure employees are aware of their expectations regarding workplace behavior and conduct, the Region will provide all new employees with copies of the Region's Harassment and Discrimination Policy, Code of Conduct and Values upon hire.

ARTICLE 1 0-GRIEVANCE PROCEDURE

10.01 Any dispute involving the application, interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be made the subject of a grievance.

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10.02 An employee who believes that she/he has a complaint or a difference must first discuss the complaint or difference with her/his supervisor or designate within ten (10) business days of the circumstances giving rise to the complaint or difference. An employee has no grievance until she/he has first given her/his supervisor the opportunity to resolve the complaint.

10.03 The employee may be accompanied by her/his steward if she/he so desires.

10.04 If the complaint is not satisfactorily settled by the supervisor within ten (1 0) business days, it may be processed within an additional ten (1 0) business days in the following manner:

STEP ONE:

The employee may file a grievance in writing with the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate. The written grievance, signed by the employee shall state the article(s) of the Collective Agreement alleged to have been violated, a brief statement of facts, and redress sought.

The Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate may meet with the griever and her/his representative and shall give the griever her/his decision in writing within ten (10) business days of the date of the meeting.

Within ten (1 0) business days of the meeting with the griever, the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate shall render a decision in writing. If the grievance is not settled at Step One, the grievance may proceed to Step Two.

STEP TWO:

If the employee is dissatisfied with the decision of the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate, the written grievance, signed by the employee, must be presented to the Director of Human Resource Services, or designate, through the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate, by the griever, within ten (1 0) business days from the date of receipt of the Administrator's or Manager of Shared Services reply.

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Within ten (10) business days of receipt of the grievance, the Director of Human Resource Services or designate will meet with the griever and her/his representative if necessary.

Within ten ( 10) business days of receipt of the grievance, or of the meeting with the griever, the Director of Human Resource Services or designate shall render a decision in writing.

1 0.05 If the grievance is not settled to the satisfaction of either party to this agreement by the procedure outlined above, then either party may within fifteen business days of the reply of the Director Human Resource Services, refer the grievance to arbitration in accordance with the process outlined in Article 13.

10.06 Where an employee feels that she/he has been unjustly disciplined by way of a suspension or discharge, the employee may file a grievance at Step Two of the grievance procedure within ten (10) business days of her/his suspension or discharge.

10.07 Under all circumstances the Chief Steward shall be notified in writing within twenty-four (24) hours of the discharge or suspension of an employee and the Chief Steward shall be given a copy of the letter of discharge or suspension sent to the employee.

10.08 No written reprimand shall be entered in an employee's personnel file unless the employee has been given a copy of such written reprimand.

10.09 Time limits referred to in the grievance procedure and arbitration procedure may be extended by mutual agreement if specified in writing.

10.10 In this Article (Grievance Procedure), and in Articles 11 (Policy Grievances, Group Grievances and Employer Grievances) and 12 (Mediation), "business days" shall include all days exclusive of Saturday, Sunday and paid holidays.

10.11 The employee, at her/his option, may be accompanied and represented by a Union representative at all steps of the grievance procedure and at arbitration.

ARTICLE 11-POLICY GRIEVANCES, GROUP GRIEVANCES AND EMPLOYER GRIEVANCES

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11.01 Where a dispute within the meaning of Article 10.01 (Grievance Procedure) involving a question of general application or interpretation of the Collective Agreement occurs, or where a group of employees or the Union has a grievance, either party may submit their grievance(s) at Step Two of the grievance procedure. Such grievance must be submitted in writing within ten (10) business days after the incident giving rise to the grievance. The following procedure will apply at each home.

(i) There will be a meeting between the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate and the Chief Steward or her/his designate within five (5) business days of receipt of the grievance. In the absence of the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate, the Director of Services for Seniors (or designate) will conduct the meeting. Each party may bring other participants to the meeting as appropriate. At this meeting the submitting party will provide a full explanation of the grievance. The purpose of this preliminary meeting is to attempt a resolution. Normally a response will be provided at the meeting however if further research is required, the response will be provided within (2) two business days.

(ii) Failing resolution of the grievance at 11.01 (i) either party may submit their grievance to Step Two of the grievance procedure.

11.02 The Region shall have the right to file a grievance with respect to the alleged violation of the Collective Agreement by, or the conduct of an employee covered by this Agreement, Officer of the Union, Committee Member or Steward. The procedure for such a grievance shall be as follows:

(a) The Director of Human Resource Services, or designatE;), on behalf of management, shall lodge the grievance with the Staff Representative of the Union within five (5) business days of the occurrence giving rise to the grievance. Within five (5) business days of receipt of the grievance, the Staff Representative and the Chief Steward shall meet with the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate and the Director of Human Resource Services to discuss the grievance. Within five (5) business days of such meeting, the Staff Representative shall render a decision in writing.

(b) If the Region is not satisfied with the disposition of the grievance by the Union, the matter shall be submitted to arbitration following the process outlined in Article 13.

ARTICLE 12-MEDIATION

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12.01 At the request of either party in writing, the following mediation process will be used as a means to resolve any grievance that has proceeded through the steps of the Grievance procedure outlined in Article 10 and Article 11.

12.02 The intent of this process is to provide a neutral third party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties.

12.03 The parties will establish a list of three persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fees of the mediator.

12.04 The mediation session will be attended by a maximum of four (4) representatives from the Union (including the griever), the OPSEU staff representative and regional management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. The above is conditional on maintaining registered staffing requirements.

12.05 Once written notice is given, to mediate a grievance the mediation session shall commence within forty (40) calendar days. If the appointed mediator is unavailable within forty (40) days of the appointment then the appointment will be given to the next mediator in turn. In addition, should any of the applicable parties be unavailable within this forty (40) days period then they shall appoint a substitute to attend.

12.06 Provided the parties agree there shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Every reasonable effort will be made by both parties to exchange relevant information at least three (3) business days prior to the mediation date.

12.07 Any concessions, discussions, evidence submitted or offers to settle the grievance, which occur during the mediation process will not prejudice either party at arbitration should the matter not be resolved.

12.08 The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during an employee's scheduled hours of work she/he will be paid her/his normal rate of pay.

12.09 Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of the mediation session may be submitted to arbitration or withdrawn.

ARTICLE 13-ARBITRA TION

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13.01 The parties agree that a grievance concerning the application, interpretation, administration or alleged violation of this Agreement and including any question as to whether a matter is arbitrable which has been properly carried through all steps of the grievance procedure outlined in Articles 10, 11, & 12 may be referred to Arbitration within fifteen (15) days of the date a decision is rendered at Step Two of the grievance procedure or the date of mediation where an attempt was made to resolve this matter, at the written request of either of the Parties hereto. If no such written request for arbitration is received within the time limit then the grievance shall be deemed to have been abandoned.

13.02 Arbitration shall be in accordance with the Labour Relations Act of the Province of Ontario except as otherwise amended herein.

13.03 The Party applying for arbitration shall provide to the responding Party the name(s) of a suggested arbitrator. The responding Party shall reply within ten (1 0) days of receipt of the notification either agreeing to the name suggested by the other Party or suggesting alternate name(s) of a suitable person to act as sole Arbitrator. If the Parties are unable to agree within a further five (5) days, the Arbitrator shall be appointed by the Minister of Labour for Ontario at the request of either Party.

13.04 Each party to this Agreement will pay the expenses of its nominee, representatives, witnesses, advisors, and any other attendees to the hearing appearing on its behalf. The parties will share equally the fee and expenses of the sole Arbitrator, or the Chairperson of the Board of Arbitration as the case may be.

13.05 The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

13.06 Any written notice under the grievance or arbitration procedures that is sent to a party by prepaid ordinary post shall be deemed to have been received on the second working day following the date of mailing.

13.07 Notwithstanding the provisions of the Ontario Labour Relations Act as ammended from time to time, either Party may elect to have a Board of Arbitration constituted to hear the matter. In such event, each Party shall advise the other of its nominee to the Board, and the nominees so appointed shall select a Chairperson.

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ARTICLE 14- SENIORITY

14.01 The seniority of each employee covered by this Agreement shall be established after the completion of her/his probationary period and shall then count from the date of last hire with the Region.

14.02 (a) The probationary period for full-time employees shall be four (4) months worked from the date of last hire. The Region may extend this period in those situations that warrant it. The length of the extension, which shall not exceed thirty (30) days worked, will be specified in writing.

(b) The probationary period for part-time employees shall be five hundred and twenty (520) hours worked from the date of last hire. The Region may extend this period in those situations that warrant it. The length of the extension, which shall not exceed two hundred and forty (240) hours worked, will be specified in writing.

14.03 Upon successful completion of her/his probationary period, the employee's name shall be eligible for the seniority list at her/his Home.

Such seniority list shall be prepared and posted on the Union bulletin board(s).

This list shall be revised in January of each year and a copy forwarded to the Union and Chief Steward.

Employee names, classifications and status as described in Article 2.02 shall appear on the list in order of descending seniority.

Complaints about the accuracy of the seniority list will be considered within ten (10) days of the date of such posting and if no complaint or grievance is received within that time, the list shall be deemed accurate.

14.04 Except for the purpose of bidding on posted jobs as provided in Article 15 (Job Vacancies and Transfer), a full-time employee may only exercise her/his seniority within the full-time employee group and the part-time employee may only exercise her/his seniority within the part-time employee group.

14.05 Notwithstanding any other provision of this Agreement, a probationary employee may be terminated for reasons less serious than a seniority employee, including performance deemed inadequate by management.

14.06 In the event that an Employee covered by this Agreement should be promoted or transferred to a position that is supervisory or confidential or beyond the scope of this bargaining unit, and is later placed in a position within the scope of this Agreement, she/he will retain the seniority previously acquired in the bargaining

unit, provided the transfer does not exceed twelve (12) months. Any Employee continuing in the position beyond twelve (12) months will be considered to have lost her/his previously accumulated seniority.

14.07 An employee's seniority shall be forfeited and her/his employment shall be deemed to be terminated under the following conditions;

(a) she/he quits for any reason;

(b) retires;

(c) she/he is discharged and not reinstated through the grievance procedure;

(d) she/he has been laid off for twenty-four (24) consecutive calendar months;

(e) she/he is absent from work without a reasonable explanation for more than two (2) working days;

(f) she/he fails to return to work from lay-off within seven (7) days of receiving notice by registered mail unless she/he is unable to do so for reasons acceptable to the Region;

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(g) she/he is a part-time or casual employee and does not provide scheduling availability for three (3) consecutive calendar months or has not worked for three (3) consecutive calendar months and is not on an approved leave of absence as per the express provisions of this Agreement.

14.08 Seniority shall continue to accumulate during periods of absence from employment because of sickness or accident for employees who are in receipt of benefits under the short term sick leave plan, long term disability plan or Workplace Safety and Insurance Act, or other proven legitimate reasons, providing the employee submits the necessary medical reports as and when required by the Region. Otherwise seniority shall cease to accumulate due to illness or accident after a period of time equal to two (2) years.

ARTICLE 15-JOB VACANCIES AND TRANSFERS

All Job Vacancies and Transfers shall be Home specific in that the process begins at the specific home. For greater clarity, the following process shall be used for job vacancies and transfers of bargaining unit employees.

15.01 When a permanent full-time vacancy occurs in a current or newly-created bargaining unit classification which is required to be filled, the following process shall apply:

(a) Lateral Transfers

(i) Three (3) lateral transfer opportunities will be extended to full-time employees within the affected classification prior to posting as set out in Article 15.02. Each lateral transfer shall be posted as an expression of interest for a period of seven (7) calendar days.

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(ii) Employees may apply for a lateral transfer opportunity by submitting the Region's prescribed form within the time limits noted on the expression of interest.

(iii) These lateral transfer opportunities shall be offered to interested Full-time employees in declining order of seniority.

(b) The resulting full-time vacancy from Article 15.01 (a) shall be posted on the appropriate bulletin board for seven (7) calendar days. The notice shall state the job classification, the requirements of the job, the hourly rate of pay, and the hours of work.

15.02 Employees, except full-time employees from the classification at the Home in which the vacancy exists may apply for such a vacancy in writing using the prescribed Region's Job Posting application form and attaching a current resume. Applications must be filed within the time limits noted on the Job Posting Notice.

(a) When employees are being considered for such a vacancy, the following factors shall govern:

(i) skill, ability and qualifications to do the work of the job available;

(ii) seniority

If the factors in (i) are equal among applicants, (ii) shall determine the successful applicant.

(b) Bargaining Unit applicants from the Home where the vacancy exists shall be given first consideration for the position.

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(c) In the event the vacant position is not filled in accordance with (b) above, the Region will offer the vacant position to an employee on notice of layoff who has not been offered a vacancy at the home experiencing the lay­offs. Refusal of this vacancy will not interfere with the employee's recall entitlements.

(d) Where there are no successful applicants from the bargaining units of the Homes the Region will consider applications outside of the above bargaining units.

15.03 Part-time vacancies in a current or newly-created bargaining unit classification which are required to be filled shall be posted for seven (7) calendar days.

(a) Employees may apply for such a vacancy in writing using the prescribed Region's Job Posting application form and attaching a current resume. Applications must be filed within the time limits noted on the Job Posting Notice.

(b) When employees are being considered for such a vacancy, the following factors shall govern:

(i) skill, ability and qualifications to do the work of the job available;

(ii) seniority

If the factors in (i) are equal among applicants, (ii) shall determine the successful applicant.

(c) Bargaining Unit applicants from the Home where the vacancy exists shall be given first consideration for the position.

(d) In the event the vacant position is not filled in accordance with (c) above, next consideration will be given to bargaining unit applicants from the other Homes.

(e) Where there are no successful applicants from the bargaining units of the Homes the Region will consider applications outside of the above bargaining units.

15.04 Each bargaining unit applicant who received an interview will be informed verbally of the outcome of the job posting within seven (7) calendar days.

15.05 The Local President shall receive a copy of all postings, appointments and recalls within seven (7) calendar days.

15.06 The employee(s) selected to fill a vacancy in a different classification as noted in Article 15.02 and 15.03, shall be given a trial period of forty ( 40) days worked and advised of her/his performance during the trial period. In the event the successful applicant is unable or unwilling to continue to perform the duties of the new job

classification or she/he proves unsatisfactory in the position during the trial period, she/he shall be returned to her/his former classification and wage rate without loss of seniority. Any other employee promoted or transferred because of the re-arrangement of positions shall also be returned to her/his former classification and wage rate, without loss of seniority.

15.07 Temporary Vacancies

(a) When filling full-time and part-time temporary vacancies of a duration of five {5) working days or less, the Region may assign any employee deemed able to perform the job subject to the employee's stated availability.

(b) When filling temporary vacancies of an expected duration of greater than five (5) working days, but less than sixty (60) working days.

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(i) The first full-time temporary vacancy will be filled using the full-time alternate schedule list. The resulting full-time temporary vacancy shall be filled using the part-time alternate schedule list.

(ii) Part-time temporary vacancies will be filled using the part-time alternate schedule list.

(c) When filling full-time and part-time temporary vacancies expected to last more than sixty (60) working days, but not to exceed twelve (12) months in duration, the provisions laid out in Articles 15.01, 15.02 and 15.03 as appropriate shall be followed except lateral transfer opportunities in the case of a full-time temporary vacancy will be limited to one (1 ).

(d) In the case of pregnancy/parental leave, the full-time and part-time temporary vacancy shall be posted as one (1) twelve (12) month assignment.

(e) An employee assigned to fill a temporary vacancy shall be paid at her/his current wage rate or the start rate in the classification whichever is greater for all time spent in the temporary assignment. The employee shall progress to the next wage rate in the temporary classification upon completion of the amount of time or hours specified in Schedule B -Wages.

(f) The successful applicant for a temporary position will fulfill the term of such position and will not apply for another temporary vacancy until she/he has completed the full term of the temporary posting. This does not restrict an employee from applying for a permanent vacancy. Upon conclusion of a temporary assignment, the employee shall be returned to either her/his former job or a similar job.

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(g) A temporary assignment may be cancelled with two (2) weeks' written notice by either the Region or the Employee selected to fill the position or the temporary vacancy will end upon return of the absent employee.

(h) In the event there are insufficient employees interested in temporary vacancies as outlined in 15.07 (b), (c) and (d), the Region may assign qualified employees in reverse order of seniority subject to the employee's stated availability.

15.08 (a) A full-time employee wishing to change her/his job status from full-time to part-time within her/his existing job classification may indicate such on forms provided by the Region. To be considered, the form, completed and signed, must be returned to the employee's Supervisor. The request for change in status shall then be considered for the first available opportunity. When there is more than one change request on file within the same job classification, the successful applicant will be determined based on seniority.

(b) Notwithstanding any other provisions contained herein, an employee may change status from part-time to full-time or vice versa no more that three (3) times in any twenty-four (24) month period.

15.09 An employee, who transfers from part-time to full-time or vice-versa, under Article 14 (Seniority), shall remain at her/his existing hourly rate. If the employee is not at the after eighteen (18) month rate, the employee shall progress to the next rate on the basis of completing the proportionate amount of the year remaining either in hours for the employee transferring to part-time or in time for the employee transferring to full-time. In either case, 1950 hours is the equivalent of one year.

15.10 Employer-Directed Temporary Transfer

Where an employee, to accommodate the needs of the Home, is temporarily assigned to perform the full duties and responsibilities of a lower-level classification, and where there is sufficient work available for her/him in her/his regular classification, she/he shall continue to be paid at her/his regular wage rate.

ARTICLE 16-LA YOFF AND RECALL

Layoff and Recall shall be home specific. For greater clarity, the following process for layoff and recall shall be contained to the Home experiencing the layoff and/or recall.

16.01 When the Region becomes aware of the need for layoff, the Region will provide the local Union at the home affected with notice of three (3) months prior to the layoff taking effect.

16.02 The Region will provide the employees with notice of eight (8) weeks or pay in lieu thereof, prior to the layoff taking effect. Such notice shall by way of notice be posted on the Union notice boards listing name, seniority date, job classification and date of termination.

16.03 In the event of a proposed layoff in the bargaining unit, the Region will:

(a) meet with the Union through the EERC to review the following:

(i) The reason for the layoff (ii) The service that the Home will undertake after the layoff

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(iii) The method of implementation including the areas of cut back and employees to be laid off

(iv) Ways the Home can assist employees to find alternative employment.

16.04 A full-time employee who is subject to lay-off shall have the right to choose one of the following options:

(a) Accept the lay-off.

(b) Displace an employee who has less bargaining unit seniority in the identical level or a lower-level classification in the bargaining unit provided the employee can perform the duties of the identical level or lower-level classification with orientation. The second employee, so displaced, shall be entitled to displace another employee who has less bargaining unit seniority in the identical level or a lower-level classification in the bargaining unit provided the employee can perform the duties of the identical level or lower-level classification with orientation. The third employee, so displaced, shall be entitled to displace the employee with the least seniority in the identical classification level or the employee with the least seniority in a lower-level classification in the bargaining unit provided, in either case, that the employee can perform the duties of the person so displaced with orientation. This bumping process shall continue until all bumping options have been exhausted.

(c) Accept a vacancy in an identical level or lower-level classification.

(d) If the notice of lay-off is given to a full-time employee, the employee may accept a part-time position in the identical classification as the layoff.

16.05 A full-time employee who exercises her/his displacement rights under Article 16.04 above, shall receive the step in the new classification which is identical to or next lower than her/his rate of pay in her/his former classification, it being understood that in no event shall her/his rate exceed the maximum rate of the new classification.

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16.06 An employee who displaces into a lower level classification shall have the right to reinstatement in her/his former classification, if an opening becomes available within one year from the date of accepting the lower level position and the employee remains qualified to perform the available work. In such instances the job will not be posted, and the employee shall be reinstated at the step she/he had attained in her/his former classification.

16.07 Where a position becomes available in the classification in which the lay-off occurred, employees who were laid off from that classification shall be recalled in accordance with the criteria set out in Article 14 (Seniority), provided such employees continue to have the qualifications to perform the available work.

(a) It is the sole responsibility of the employee who has been laid off to notify the Region of her/his intention to return to work within three (3) calendar days of receiving notice of recall, and to report for work within seven (7) calendar days after being notified. Notice shall be by registered mail, addressed to the last address on record with the Region. Such notice shall be deemed to have been received by the employee on the second day following the date of mailing.

(b) If the employee fails to comply with the provisions of Article 16.07 (a) above, then seniority shall terminate and the employee shall cease to be employed by the Region in accordance with Article 14.07 (f) (Seniority) of this agreement. However, an employee may decline to accept recall to a temporary vacancy, and shall not thereby lose her/his recall rights.

(c) No new employee shall be hired in the classifications in which a lay-off has taken place until laid off employees, eligible for recall in accordance with this Article, have been given the opportunity to return to work.

16.08 If an employee is placed in a vacant position as a result of being redundant, she/he shall be given a trial period of up to forty (40) days worked. In the event that the employee proves to be unsatisfactory during the trial period, then she/he shall be laid off.

16.09 Those employees, either on the original list or who have been displaced, who are unable to be placed, shall be laid off. Laid off employees will be given a personal information sheet which will explain benefits, life insurance conversion, vacation pay and pension information.

16.10 Part-time employees will be identified for layoff based on their regularly scheduled hours and classification. Such layoff shall be in reverse order of seniority from within the group of employees with similar regularly scheduled hours and classification. Recall of part-time employees shall be in accordance with Article 14 (Seniority).

16.11 When a layoff is necessary, the Chief Steward shall be the last employee laid off provided she/he has the skill and ability to do the work to be performed.

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ARTICLE 17-PAID HOLIDAYS

17.01 The following holidays shall be recognized as paid holidays for full-time employees and part-time employees who are regularly scheduled for thirty (30) hours or more per week.

New Year's Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day

Full-time employees shall be entitled to one (1) floating holiday, to be taken at a time mutually agreed between the supervisor and the employee. Floating holidays are granted commencing with the calendar year in which the employee completes six (6) months of continuous regular full-time employment.

In the event that the Provincial Government declares an additional holiday during the term of this Agreement, such holiday will be substituted for one (1) of the above-mentioned holidays. The designation of the additional holiday for an existing holiday shall not add to the present number of holidays.

17.02 The Region shall endeavour to schedule work on Christmas Day and New Year's Day so that full-time employees will be off duty either New Year's Day or Christmas Day. Employees who are off Christmas Day one year shall be off duty on New Year's Day the following year and vice-versa. The Region reserves the right to change an employee's regular scheduled days off in order to ensure compliance with this endeavour.

However, employees who may wish to work Christmas Day and New Year's Day will make their requests known to their supervisor.

17.03 When any of the above holidays excluding the floating holiday, falls on the regular scheduled day off of a full-time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week, a lieu holiday shall be allowed and shall be taken at a time agreeable to the Supervisor and the employee, or the employee will be paid holiday pay, provided the employee has complied with the requirements of Article 17.04.

17.04 (a) (i) A full-time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week, must provide written notice to her/his Supervisor annually for all paid holidays listed in Article 17.01 or at least ten (10) days prior to a paid holiday listed in Article 17.01 advising that she/he wishes to be paid for the holiday or receive another day off in lieu.

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(ii) The granting of a lieu day is subject to the service needs of each particular department. In scheduling the day off, it shall be scheduled at a mutually agreeable time within ninety (90) calendar days following the holiday and an employee may bank a maximum of two (2) lieu holidays at any time. A part time employee who is regularly scheduled for thirty (30) hours or more per week, shall only request a lieu holiday to be taken Monday through Friday inclusive.

(iii) A full-time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week, shall specify in writing her/his requested day off in lieu at least ten (1 0) days prior to the actual date of such lieu day, If a request for another day off in lieu is not received within the specified time frame, the employee shall be paid holiday pay.

(iv) A full-time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week, whose lieu day is scheduled for a day on which the employee is in receipt of WSIB (Workplace Safety and Insurance Board) benefits shall have her/his lieu day rescheduled to a time which is mutually agreeable to her/his and her/his supervisor, soon after the employee returns to work.

17.05 (a) Regular part-time, casual and temporary employees as defined in Article 2.02 d) shall receive holiday pay in accordance with the Employment Standards Act for the holidays specified in Article 17.01 (excluding the floating holiday) and shall be paid time and one half (1%) their regular straight time hourly rate for all hours worked on the holiday.

(b) A full-time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week, shall not be eligible for pay for a paid holiday if the employee does not work the complete regular scheduled working day preceding and the complete regular scheduled working day following the day on which the employee has the paid holiday under Article 17.01 unless the employee is otherwise on approved leave of absence with pay as authorized by this Agreement or the policies of the Region or on approved leave of absence under Article 21.06 (Leaves of Absence­Union convention leave).

(c) A full time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week who is required to work on any of the above holidays will be paid at the rate of time and one half ( 1 %) for hours worked, in addition to holiday pay, or if the employee desires, a day off in lieu at a time mutually agreeable to the employee and her/his supervisor,

provided the employee has complied with the requirements of Article 17.04 (a).

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(d) "Holiday pay'' as referred to in this Article will be calculated on the basis of the Employee's hourly wage rate multiplied by the number of hours in the Employee's standard work day.

(e) When any of the above holidays occur during a vacation with pay period for a full-time or a part-time employee who is regularly scheduled for thirty (30) hours or more per week, an extra days vacation will be allowed.

17.06 Employees shall be paid two times (2x) their regular straight time hourly rate for all overtime hours worked in excess of their regular work schedule on a paid holiday as listed in this Article.

17.07 A shift in which the majority of hours worked fall during the period from 12:01 a.m. to 12:00 midnight on any of the above paid holidays shall be deemed to be work performed on the paid holiday for the full period of the shift.

ARTICLE 18-VACATIONS

18.01 Full-time employees and part-time employees who are regularly scheduled for thirty (30) hours or more per week will be entitled to vacation with pay on the following basis:

(a) for employees with less than one year of continuous service, one (1) day for each completed month of service up to a maximum often (10) working days.

(b) two (2) weeks after one (1) year of continuous service.

(c) three (3) weeks after three (3) years of continuous service.

(d) four (4) weeks after nine (9) years of continuous service.

(e) five (5) weeks after sixteen {16) years of continuous service.

(f) six (6) weeks after twenty-three (23) years of continuous service.

(g) seven (7) weeks after twenty-eight (28) years of continuous service.

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18.02 For the purposes of this article, vacation pay shall mean one (1) day of normal straight time pay for each normal working day to a maximum of forty (40) hours of pay or thirty-five (35) hours of pay for a week of vacation as may be appropriate. For part-time employees who are regularly scheduled for thirty (30) hours or more per week, vacation time shall be on a pro-rated basis.

18.03 Vacations shall not be cumulative year to year and employees shall not omit vacations. However, employees who are entitled to more than two (2) weeks' vacation may request in writing that a maximum of one (1) week of vacation be carried forward from one year to the next and if approved by the Region such time shall be used not later than March 31st of the next following year.

18.04 (a) Should an employee be entitled to three (3) weeks or more of vacation in any year, she/he will be entitled to take up to three (3) weeks of her/his entitlement at one time.

(b) No vacation shall be taken during the period December 20 to January 5 without the written permission of the Administrator or Manager of Shared Services

18.05 On termination an employee shall be paid vacation credits accumulated at the appropriate rate of pay.

Should an employee take vacation entitlement and then terminate employment prior to the completion of the service required to earn the time so advanced, any vacation pay advanced to that employee will be adjusted and must be repaid.

18.06 (a) The Region will post vacation schedules for the period from April15 to January 4 by February 1st and the first three weeks of vacation time will be awarded on the basis of greatest seniority, provided written application for such vacation is received by March 15th. The resulting vacation schedules will be posted by April 15th.

(b) Any request for vacation time to be taken during the period of January 5 to April 14 inclusive in the following calendar year must be received not later than November 15 of the current year. Such requests will be awarded on the basis of the greatest seniority. The Region will respond to these request(s) by December 15 of the current year.

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(c) Vacation will be scheduled by seniority and job classification per unit/floor. In order to meet resident care needs, a maximum of two (2) full-time and two (2) part-time employees in the personal support worker job classification per every two resident home areas will be allowed off at one time. [For clarity at Allendale there are two (2) resident home areas per unit and at Post Inn Village and Creek Way Village there are two (2) resident home areas per floor. For floors where there is only one (1) resident home area one (1) full-time and one (1) part-time employee in the personal support worker classification will be allowed off at one time.]

18.07 (a) Vacations shall be scheduled subject to the needs of the service

(b) Requests for three (3) days or less vacation will be considered if a written request is submitted to the employee's supervisor with seven (7) calendar days notice. Supervisors will respond within three (3) days in writing. Shorter notice will not be unreasonably withheld.

(c) No employee will be required to replace her/himself if a vacation request has been properly submitted and approved.

18.08 When an employee's vacation is interrupted due to illness or an employee is ill immediately prior to a scheduled vacation period and such illness requires:

(a) the employee to be an in-patient in a hospital, or; (b) the employee to convalesce following hospitalization, or; (c) the employee is receiving home care prescribed by the employee's

physician following hospitalization,

The period of time referenced in (a), (b) and (c) shall be considered sick leave and will not be counted against her/his vacation credits. Vacation time deferred shall be taken at a later mutually agreeable date provided that the employee provides medical documentation from her/his physician.

18.09(a) Allendale part-time employees and Post Inn Village and Creek Way Village part time (regularly scheduled for less than thirty (30) hours) and casual employees shall be paid vacation on the following basis;

Hours worked %in earnings

less than 5850 four (4)

5,850 but less than 17,550 six (6)

17,550 but less than 31 ,200 eight (8)

31,200 but less than 44,850 ten(10)

44,850 but less than 54,600 twelve (12)

54,600 or more fourteen (14)

Vacation pay shall be paid to all part-time and casual employees on or before the first pay day in June each year, calculated on the basis of all hours worked during the preceding twelve (12) month period beginning with Pay Period 8 and ending with Pay Period 7 (approximately the final pay on March). Vacation pay shall be provided in a separate payroll deposit.

(c) Vacation Pay Request

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An employee who wishes to receive her/his vacation pay prior to the vacation pay issued in June may have a one-time opportunity to do so during the vacation year. A written request must be submitted to Employee services at least two (2) weeks prior to the pay date the employee wishes vacation pay issued and the accumulated vacation pay as at the pay date requested will be paid. Any additional vacation pay accumulated during the vacation year will be paid to the employee in June as per 18.09 (a).

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18.10 Allendale part-time employees and Post Inn Village and Creek Way Village Part­time (regularly scheduled for less than thirty (30) hours) casual employees shall have time away from work without pay representative of the percent of vacation as follows;

% of Vacation Pay Time Away

Four4% One ( 1) day per month to a maximum of ten (10) days service less than a year, two (2) weeks thereafter

Six6% Three (3) weeks Eight 8% Four (4) weeks

Ten 10% Five (5) weeks

Twelve 12% Six (6) weeks Fourteen 14% Seven (7) weeks

18.11 (a) For the purposes of vacation, a part-time employee who changes her/his status from part-time to full-time will be given service credit on the basis of 1 ,950 hours worked being equivalent to one year of full-time service or part thereof. When a full-time employee changes her/his status from full-time to part-time, the employee will be given service credit on the basis of one-year of full-time service being the equivalent of 1 ,950 hours of part-time work or part-thereof.

(b) At the time of transfer from part-time to full-time any vacation already paid to the employee as per Article 18 (Vacations) will be applied to reduce vacation pay otherwise payable in the first year of transfer.

(c) At the time of transfer from full-time to part-time, the employee will be paid the proportionate amount of vacation earned

18.12 Part-time employees shall be provided with a vacation schedule separate and distinct from full-time employees.

ARTICLE 19-EMPLOYEE BENEFITS

19.01 The Region agrees to pay the premium costs for the following benefit plans, subject to express language to the contrary, for its regular full-time employees. Such plans to be administered in accordance with the policies, rules and regulations governing such plans:

(i) Life insurance to the extent of two (2) times annual basic earnings.

(ii) Extended health benefits to include semi-private hospital expenses and prescription drugs. The plan will include vision care providing up to two­hundred and fifty ($250.00) dollars (including eye exams) for prescribed eye glasses and contact lenses to each covered family member every twenty-four (24) months. The yearly deductible for the extended health care plan is fifteen dollars ($15.00) for single coverage and twenty-five dollars ($25.00) for family coverage.

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(1) Prescription dispensing fees will be capped at eight ($8.00) dollars.

(2) Private Duty Nursing will be capped at $25,000.00 for any three (3) year period.

(3) Paramedic Services- services of the following licensed, certified or registered practitioners are covered, combined maximum of $500.00 per individual and family member per year. Combined maximum means eligibility for any of the following paramedical services up to $500.00. For example, if an employee chooses massage therapy and claims $300.00, then uses a chiropractor and claims $200.00, the employee will have used up the $500.00 for the year. This applies to full-time employees only.

Physiotherapist

Clinical Psychologist

Masseur (Authorization by a physician.)

Speech Pathologist (Authorization by a physician or dentist.)

Chiropractor

Acupuncturist

Naturopath

Services listed under Physiotherapist and Clinical Psychologist do not require the prior authorization of a physician.

(iii) Dental Care Plan equivalent to the Liberty Health Plan No.9 (except recall oral examinations shall be once every nine (9) months), plus Riders #2, #3 and #4, both at fifty (50%) percent co-payment, with covered expenses paid in accordance with the ODA fee schedule in effect with a one-year lag. The Regional Corporation shall contribute ninety (90%) percent of the premium costs for the coverage with the employee to contribute the remaining ten (10%) percent.

(iv) The employee shall as a condition of employment enroll in the Life Insurance Plan, the Extended Health Plan and the Dental Plan in

accordance with the requirements of the respective plans except where otherwise covered by similar plans of her/his spouse.

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(v) The Short Term Sick Leave Credit Plan as provided by Appendix "A" and Appendix "A-1" attached and forming part of this Agreement.

(a) Long Term Disability Plan to provide Long Term Disability Insurance coverage commencing after twenty-six (26) weeks of disability and providing the payment of monthly benefits of 66 -2/3's the employee's regular monthly wage. The plan will provide integration with other income including unemployment insurance benefits and a waiting period for new employees. The premiums for this benefit will be cost shared between the employee and Region at forty (40%) percent employee and sixty (60%) percent Region.

In consideration of the Region's contribution to the benefit plans above the Region shall retain the employee's 5/12ths share of any reduced unemployment insurance premium for which the Region qualifies in the integration of wage loss replacement plans.

19.02 (a) Contributions by the Region shall be the agreed rates applying to employees eligible for the respective benefit. Employees shall keep the Region informed of any change in their eligibility and if any employee does not keep the Region informed the employee shall be responsible for any difference in the cost of premiums.

(b) For the purposes of this section the words "full pay'' mean eighty-five (85%) percent of the wages to which an employee would have been entitled, it being understood that there will be all normal deductions inclusive of income tax on the wages paid. Should the Department of National Revenue make any change to which the WSIB benefits are taxed the eighty-five (85%) percent will be amended accordingly.

19.03 Any medical certificate, examination or x-rays required by the Region shall be paid by the Region except in situations where employees are claiming benefits under the sick leave plan or similar situations.

19.04 All applicable benefits become effective on the 151 of the month following completion of six (6) months continuous service.

(a) when an employee transfers from part-time to full-time status and has worked 1040 hours or more, the employee will qualify for benefit coverage on the 1st of the month following transfer. If the employee has completed less than 1040 hours, the waiting period for benefit coverage will be pro­rated to reflect her/his accumulated hours.

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19.05 The Region shall continue to pay the premiums for the benefits provided in Article 19 (Employee Benefits) for a maximum of twenty-four (24) months from the last day actively at work for an employee on Long Term Disability. After that time, the Region will continue to pay the premiums for single Extended Health Care coverage for an employee in receipt of Long Term Disability benefits.

19.06 Part-time employees will receive nine (9%) percent of regular earnings in lieu of earned benefits.

19.07 The Region agrees to make available its OMERS Pension Plan to its eligible employees in accordance with Provincial Statutes.

19.08 Part-time employees who are regularly scheduled for thirty (30) hours or more per week and have successfully completed their probationary period shall be entitled to two (2) paid sick days for personal illness per calendar year. When claiming an absence due to personal illness, the employee will be paid at her/his regular hourly rate of pay for scheduled work hours to a maximum of eight (8) hours per day. Sick days are non-cumulative and cannot be carried forward for use in subsequent years.

19.09 Early Retiree Benefits- Eligible employees shall be entitled to the early retiree benefits outlined in Appendix C of this Collective Agreement.

ARTICLE 20-HOURS OF WORK AND OVERTIME

20.01 (a) The regular hours of work for a full-time employee shall be based on the employee's job classification as set out in Schedule "B" -Wages and shall be either:

(i) Eight (8) hours per day and forty (40) hours per week, but may be averaged over a two (2) week period so that full time employees regularly work ten (10) days at eighty (80) hours in a two (2) week period. Each workday shall include a paid lunch period of thirty (30) minutes

Or

(ii) Seven (7) hours per day and thirty-five (35) hours per week, but may be averaged over a two (2) week period so that full-time employees regularly work ten (1 0) days at seventy (70) hours in a two (2) week period. Each workday shall include an unpaid lunch period of thirty (30) or sixty (60) minutes. The employee and her/his supervisor shall mutually agree on the duration of the unpaid lunch period.

(b) Notwithstanding Article 20.01(a) above, the regular work week stated therein does not represent a guarantee of work and full-time employees may work less than thirty-five (35) or forty (40) hours per week respectively or less than seventy (70) or eighty (80) hours in a two (2) week period.

20.02 It is understood that other arrangements regarding hours of work and overtime may be entered into between the parties at the Home level with respect to variable work days or variable work weeks, in which case the "Variable Work Week" agreement will form part of this Agreement.

20.03 The Schedules shall be posted on bulletin boards at least four (4) weeks in advance and cover at least four (4) weeks in duration

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20.04 (a) Full-time employees and regular part-time will be notified forty-eight (48) hours in advance of any change(s) in their schedule. Employees shall be contacted personally if changes affecting them are made to their schedules. If the employee is given less than forty-eight (48) hours notice, the employee's first shift of the new schedule will be paid at one and one­half (1%) times her/his normal hourly rate.

(b) Shift Cancellation

Casual employees will be notified twenty-four (24) hours in advance of any shift cancellation. It the casual employee is given less than twenty-four (24) hours notice, the employee will be paid two (2) hours at her/his regular hourly wage rate.

20.05 (a) Employees will have twelve (12) consecutive hours off between shifts. Should a turnaround of less than twelve (12) hours be required, the employee affected will be paid one and one-half ( 1 %) times her/his normal hourly rate for the number of hours difference between twelve (12) and the actual number of consecutive hours off. Only mandatory overtime hours will be included when calculating total hours between shifts.

(b) The existing practice of scheduling full-time employees with every other weekend off will be maintained. The Region will use its best efforts to schedule part-time employees on a similar basis.

A full-time or part-time employee may elect to work every weekend. The employee requesting to do so shall make the request in writing at least forty-five (45) days prior to the schedule beginning. The employee shall also have the option of requesting to return to the normal schedule rotation in 20.05 (b) with forty-five (45) days' written notice to her/his Supervisor.

20.06 It is understood that the provisions of this Article do not apply where changes to the hours and/or days of work and/or turnaround time are at the request of the employee.

20.07 The local Union will be advised of major changes to the schedule(s), and given an opportunity to comment through the Employee/Employer Relations Committee.

20.08 A shift that does not commence and end on the same calendar day shall be deemed as falling wholly within the calendar day in which the majority of hours worked fall during the period from 12:01 a.m. to 12:00 midnight.

20.09 Rest Periods

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Paid rest periods of fifteen (15) minutes duration will be provided for an employee for each half shift worked. Staff will have the option of taking one (1) rest period of thirty (30) minutes per eight (8) hour or seven and one-half (7%) hour shift instead of fifteen (15) minutes per half shift.

Should an employee be required to work overtime in excess of one (1) hour, such employee shall be provided a paid rest period of fifteen (15) minutes prior to the commencement of the overtime shift.

20.10 The Region will endeavour to distribute additional hours (paid at the regular hourly rate) as equally as practical to employees in the applicable classification at the Home. In all cases, the additional hours offered will not result in the employee's hours exceeding the normal full-time hours for the classification. Additional hours will be offered based on employees' stated availability on a seniority basis in the following order:

(i) full-time employees who are regularly scheduled for less than the normal full-time hours for the classification

(ii) part-time employees (iii) casual employees

For shift equalization purposes, shifts offered and refused shall be counted as worked.

20.11 (a) The Region will endeavour to offer overtime work as equally as practical first amongst the full-time employees in the applicable classification on a seniority basis. The following canvass process will be followed:

(i) Full-time employees will be asked (ii) Part-time employees will be asked (iii) Casual employees will be asked

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(b) Individual employees may refuse a request to work overtime for legitimate personal reasons. However in the event that the Region is unable to get enough volunteers for the overtime work the following assignment process will be followed:

(i) Casual employees on the premises will be assigned

(ii) Part-time employees on the premises will be assigned

(iii) Full-time employees on the premises will be assigned on an inverse seniority basis

(iv) Full-time employees would be called in

(c) For overtime equalization purposes, shifts offered and refused shall be counted as worked.

20.12 The Region shall have the option of not offering overtime work to an employee who has been absent from work in excess of five (5) days as a result of illness or injury for a period of at least fourteen (14) working days following her/his return.

20.13 An employee who is scheduled and who reports for work shall, if her/his regular job is not available, receive a minimum of four ( 4) hours' work or four ( 4) hours' pay at her/his regular rate.

20.14 Full-time and part-time employees are allowed to exchange shifts or days off by their mutual agreement provided:

(i) the shifts are of equal hours; (ii) there is no cost to the Region; (iii) the supervisor's approval will not be unreasonably withheld; (iv) such request for the exchange is in writing and is approved by the

supervisor at least forty-eight (48) hours prior to the proposed exchange.

(v) Where possible, schedule changes are to be completed within the same pay period. Where this is not possible all aspects of any schedule changes will be completed by the end of the following pay period.

20.15 (a) When overtime is authorized, an employee will be compensated for overtime hours worked in excess of the regular hours per day and/or the regular hours in a two (2) week period as defined in Article 20.01 (a) applicable to the employee's classification at the rate of time and one half.

(b) If the Supervisor and the employee both agree, time-off in-lieu of overtime at the rate of time and one-half (1%) for all hours worked, scheduled at a time agreeable to the supervisor and the employee, but to be taken no later than three (3) months after the date the overtime was worked.

20.16 All continuous hours worked in excess of twelve ( 12) in a twenty-four (24) hour period will be paid at the rate of double time.

ARTICLE 21-LEAVES OF ABSENCE

21.01 Bereavement Leave

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(a) In the event of the death of an employee's spouse, child, father, mother, grandchild, grandparent, sister, brother, mother-in-law or father-in-law or a person(s) standing in place of a parent, the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate shall grant an employee up to three (3) days' leave of absence with pay. Pay will be at the employee's regular rate and only those days which are scheduled working days up to and including the day of the funeral shall be paid to a maximum of three (3) days.

(b) A one ( 1) day leave of absence with pay will be granted for the purpose of attending the funeral of an employee's sister-in-law, or brother-in-law provided the funeral falls on a scheduled working day.

(c) In addition to the leave of absence provided under clause 21.01 (a), a further two (2) days leave of absence will be granted immediately after for the bereavement of an employee's spouse or child and those days which are scheduled working days will be paid at the full-time employee's normal daily rate.

(d) In special circumstances the Administrator/Manager of Shared Services or designate may grant up to two (2) days of paid bereavement leave in addition to those set out above, or apply up to two (2) paid bereavement leave days to persons other than those listed above. Those days may or may not be consecutive to the days provided for in Articles 21.01 {a), (b) and (c).

(e) The parties agree that it may not always be possible to attend the funeral of a person listed in (a) or (b) above. This will not void the employee's right to request bereavement leave as per the above articles. Such request shall not be unreasonably denied.

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21.02 Jury Duty Leave

A full-time and regular part-time employee who has completed her/his probationary period and who is required to serve as a juror shall be granted leave of absence. She/he shall be paid one normal day's pay for the loss of each working day for such service provided she/he has completed her/his probationary period, reports for work when not actually required for jury duty and provided she/he deposits with the Region the total amount received for service as a juror, not including any allowance for expenses. The full-time and regular part-time employee on returning to work shall present a certificate showing the period of such jury service and the amount of compensation received.

21.03 Personal Leave

(a) An employee may request leave of absence without pay for a personal reason by submitting a request therefore through her/his Supervisor to the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate. The Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate, in consultation with the supervisor, shall consider the merits of the request, taking into consideration the service needs of the department. All leaves shall be subject to authorization by the Administrator or Manager of Shared Services or Manager of Facilities Management, or designate as appropriate. Approval will not be unreasonably withheld for leaves submitted without the required notice.

(b) When an employee is granted a personal leave of absence in excess of three (3) days, must first exhaust her/his vacation entitlement

(c) A full-time employee who is granted an unpaid leave of absence in excess of thirty (30) days may continue to participate in all benefrt plans, upon approval of the insurance carrier, by prepaying the full employee and Region share of the premiums and all applicable taxes monthly.

(d) Whenever a full-time or part-time employee has a personal leave of absence without pay, as provided in this article, for a duration which exceeds thirty (30) days, no seniority or service credits shall accrue for the total duration of such leave, except for a leave under Article 21.07 ( Pregnancy/ParentaVAdoption leave).

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21.04 Education Leave

(a) Leave of absence without pay, benefits or accumulation of seniority, but without loss of seniority, may be granted to an employee who wishes to enroll in a post-graduate, certificate or degree course in a university or other educational institution, provided no more than one ( 1) member of the bargaining unit is on an educational leave exceeding four (4) weeks duration at any one time.

b) A full-time employee who is granted an unpaid education leave of absence in excess of thirty (30) days may continue to participate in all benefit plans, upon approval of the insurance carrier, by prepaying the full employee and Region share of the premiums and all applicable taxes monthly.

c) Whenever a full-time or part-time employee has an education leave of absence without pay, as provided in this article, for a duration which exceeds thirty (30) days, no seniority or service credits shall accrue for the total duration of such leave.

21.05 Union Leave-Local

The Region will grant leave of absence without pay or loss of seniority to delegated members to attend Union conventions, conferences and seminars provided that such leave does not exceed thirty (30) calendar days and further, provided that no more than five (5) employees are absent at any one time. Such leave shall apply to a maximum of thirty (30) work days aggregate leave per calendar year, per local.

21.06 Union Leave - Elected Representatives

(a) Upon request by the Union, confirmed in writing and provided that seven (7) days written notice is given, leave of absence with no loss of credits shall be granted to employees elected as Executive Board Members and Executive Officers of the Union, for the purpose of conducting the internal affairs of the Union.

(b) The Union will reimburse the Region for the wages paid to members of the Executive Board or Executive Officers or the replacement costs if such costs are greater than wages paid where a leave of absence is granted under this Article.

(c) When an employee is elected as the Union's President or First Vice­President, the Union will, immediately following such election, advise the Region of the name of the employee so elected. Leave of absence with

pay shall be granted from the employee's place of employment for the duration of the current term of office.

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(d) During the term of such leave of absence, the Union will reimburse the Region for the wages paid to the employee on such leave of absence and contribute the Region's share of contributions to OMERS and the Canada Pension Plan. The Union will make the Region's contribution to any prevailing health or other plans applicable to the elected employee. The Union will make the Region's contribution for Unemployment Insurance.

(e) On completion of the employee's term of office, the employee may return to her/his previous employment and service shall be deemed to be continuous for all purposes. Any leave of absence extending beyond the initial term of office of the President or First Vice-President shall be a matter to be determined between the parties and any such additional leave shall be subject to the same conditions and terms as prevailed in the initial level of absence.

(f) The employee shall discuss any required leave with her/his Administrator/Manager of Shared Services the earliest opportunity.

(g) All requests for leave of absence permitted in these sections shall be sent to the Region. It is understood that leaves requested by the Union may be withheld if such leaves interfere with the operating requirements of the Region.

(h) In the event of a leave of absence under this clause, the Region may hire a temporary employee, who will not be placed on any benefit plans, for the duration of the leave.

21.07 Pregnancy Leave & Parental Leave

(a) Pregnancy Leave

(i) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision.

(ii) The employee shall furnish the Region with the certificate of a legally qualified medical practitioner stating the expected birth date at the time written notification of the leave is provided.

(iii) Supplemental Unemployment Benefit (SUB) Plan

A full-time or part-time employee who is on pregnancy leave as provided under this Agreement who is in receipt of Employment Insurance pregnancy benefits pursuant to the Employment

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Insurance Act and its regulations thereto shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her/his normal weekly earnings and the sum of her/his weekly employment insurance benefits and any other earnings. Such payment shall commence following receipt by the Region of the employee's Employment Insurance cheque stub as proof that she/he is in receipt of Employment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (15) weeks.

The full-time or part-time employee's normal weekly earnings shall be determined by multiplying her/his regular hourly rate on her/his last day worked prior to the commencement of the leave times her/his normal weekly hours plus any wage increase or salary increment that she/he would be entitled to receive if she/he were not on pregnancy leave

The full-time or part-time employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of deferred remuneration of severance pay benefits are not reduced or increased by payments received under the plan.

(iv) The Region shall continue to make the Region's contribution to benefit premium costs for the full-time employee's existing benefit coverage under Article 19.01 (insured benefits) (i), (ii), (iii), & (iv), to a maximum of seventeen (17) weeks for pregnancy leave unless the employee gives the Region written notice that she/he does not intend to pay her/his contribution. Any coverage shall be in accordance with the policies of the Plan carrier(s).

Prior to the Leave, the employee who is an eligible member of OMERS will indicate in writing if she/he wishes to purchase her/his OMERS service for the duration of the pregnancy leave. The employee's cost will be calculated upon her/his return to work, and the employee has until the end of the year following her/his return to work to purchase this. The Region will match the employee's OMERS contributions.

(v) Subject to any changes to the employee's status, which would have occurred, had she/he not been on maternity leave, the employee shall be reinstated to her/his former duties on the same shift in the same department at the same rate of pay if her/his position still exists, or to a comparable position, if it does not.

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(b) Parental Leave

(i) Parental leave will be granted in accordance with the provisions of the Employment Standards Act as amended from time to time, except where amended in this provision.

(ii) An employee who is an adoptive parent shall advise the Region as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence, in writing, upon receipt of confirmation of the pending adoption. If because of late receipt of confirmation of the pending adoption, the employee finds it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified in handwriting.

An employee who is an adoptive parent may extend the parental leave, without pay, for such greater time as may be required by the adoption agency concerned to a maximum total of six (6) months.

(iii) Supplemental Unemployment Benefit (SUB) Plan

A full-time or part-time employee who is on parental leave as provided under this Agreement who is in receipt of Employment Insurance parental benefits pursuant to the Employment Insurance Act and its regulationsthereto shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her/his normal weekly earnings and the sum of her/his weekly employment insurance benefits and any other earnings. Such payment shall commence following receipt by the Region of the employee's Employment Insurance cheque stub as proof that she/he is in receipt of Employment Insurance parental benefits, and shall continue while the employee is in receipt of such benefits for a maximum period often (10) weeks.

The full-time or part-time employee's normal weekly earnings shall be determined by multiplying her/his regular hourly rate on her/his last day worked prior to the commencement of the leave times her/his normal weekly hours plus any wage increase or salary increment that s/he would be entitled to receive if s/he were not on pregnancy leave.

The full-time or part-time employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of deferred remuneration of severance pay benefits are not reduced or increased by payments received under the plan.

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(iv) During a full-time employee's parental leave, the Region shall continue to make the Region's contribution to benefit premium costs for the employee's existing benefit coverage under Article 19.01 (insured benefits) (i), (ii), (iii) and (iv), to a maximum of thirty­five (35) weeks for parental leave unless the employee gives the Region written notice that s/he does not intend to pay her/his contribution. Any coverage shall be in accordance with the policies of the Plan carrier( s ).

Prior to the Leave, the employee who is an eligible member of OMERS will indicate in writing if she/he wishes to purchase her/his OMERS service for the duration of the parental leave. The employee's cost will be calculated upon her/his return to work, and the employee has until the end of the year following her/his return to work to purchase this. The Region will match the employee's OMERS contributions.

(v) Subject to any changes to the employee's status, which would have occurred, had she/he not been on parental leave, the employee shall be reinstated to her/his former duties on the same shift in the same department and at the same rate of pay if her/his position still exists, or to a comparable position, if it does not.

21.08 Family Medical Leave

Family Medical leave will be granted in accordance with the provisions of the Employment Standards Act.

21.09 Leave for Canadian Citizenship

A full-time or part-time employee who has completed her/his probationary period and is scheduled to attend her/his Canadian Citizenship ceremony will be granted a leave of absence with pay for her/his scheduled working hours on that day.

ARTICLE 22 -WAGE AND CLASSIFICATION RATES

22.01 The hourly rates and classifications shall be as set out in Schedule "B" attached hereto and forming part of this Agreement as follows:

Part I- for full-time/part-time employees forty (40) hour classification Part II- for full-time/part-time thirty-five (35) hour classification

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22.02 An employee, who transfers from part-time to full-time or vice-versa, under Article 14 (Seniority), shall remain at her/his existing hourly rate. If the employee is not at the after eighteen (18) month rate, the employee shall progress to the next rate on the basis of completing the proportionate amount of the year remaining either in hours for the employee transferring to part-time or in time for the employee transferring to full-time. In either case, 1950 hours is the equivalent of one ( 1) year.

22.03 Employees' wages shall be directly deposited into an account at a banking institution of their choice, which accepts electronic transfer.

22.04 Terms of Reference Re: Pay Equity Maintenance

1. The Union and the Region acknowledge their ongoing responsibilities under the Pay Equity Act to:

(a) establish and maintain compensation practices that provide for pay equity in accordance with section 7 of the Pay Equity Act;

(b) to ensure that the Pay Equity Plan between the parties is appropriately amended to reflect any change of circumstances which subsequently render the Plan to be no longer appropriate within the meaning of the Act; and

(c) to ensure that pay equity is maintained for new and existing job classifications.

2. The Union and the Region agree to establish an ongoing process to address issues of maintenance including evaluation of new jobs that have undergone significant change.

3. The joint Job Evaluation Committee will have the following composition:

(i) Three (3) Union representatives chosen by and form each of the three (3) homes;

(ii) Up to nine (9) Region representatives.

4. The parties agree that the McDowell Job Evaluation System will continue to be used as the gender neutral comparison system for pay equity maintenance purposes including any changes to that system which may subsequently be agreed to by the parties.

5. When a new position is established that falls within the scope of this bargaining unit, or when a position is included in this bargaining unit, or when the Region makes a significant change to the job content of the existing classification to the extent that the classification becomes a new

classification or another existing classification, the incumbent employee will complete a Job Information Questionnaire and submit it to her/his Supervisor.

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6. Within ten ( 1 0) days of receipt of the completed questionnaire, the Supervisor will make any comments and forward the Questionnaire to the Compensation Specialist who will evaluate the position using the agreed upon job evaluation tool. Joint Job Evaluation Committee will meet to evaluate the position for the purpose of determining the level for each new or changed position, using the agreed upon Job Evaluation Plan.

7. The Compensation Specialist will provide the Job Evaluation Review Committee her/his ratings on a factor by factor basis along with the completed Questionnaire in advance of the Committee meeting. The joint Job Evaluation Review Committee will have the right to interview incumbents if necessary in order to evaluate jobs. The Committee members will discuss the point ratings submitted by the Compensation Specialist to determine which points, if any, are in dispute.

8. The Committee members will be provided materials in advance of the meeting referred to in paragraph 7, as well as two (2) hours of preparation time during working hours to consider the materials and prepare to meet in joint session.

9. Upon agreement of the Committee as to the point ratings on each sub­factor, the job will then be placed in the appropriate pay band according to its total points.

10. Any pay increase will be retroactive to the date of completion of the questionnaire by the incumbent.

11. If the point total falls outside the range of the current job evaluation system, the Union and the Region will negotiate an appropriate hourly rate for the job, consistent with the established pay grid. If the Committee is unable to agree on the points to be assigned to any sub-factor, or if a dispute exists concerning the hourly rate of a particular job, the matter will be referred to an arbitrator familiar with job evaluation for full and final resolution. The arbitrator has all the powers of an arbitrator under the Labour Relations Act.

12. If there is a dispute, the Region and the Union members of the Joint Job Evaluation Committee will prepare a rationale for their position on any of the following issues for the arbitrator:

(a) whether substantial change has occurred; (b) the factors and points that are in dispute and the rationale for the

44

dispute issues; (c) the pay band or hourly rate in dispute and the rationale for the issue

in dispute.

Each party will share the rationale with the other party ten (10) days after the meeting at which the dispute occurred. The rationale will then be forwarded to the arbitrator unless a settlement is reached.

22.05 Upon transfer to a higher-rated classification an employee will be placed in the range of the higher-rated classification at that rate which is immediately next higher to her/his rate in her/his previous classification. If the new rate is less than three percent (3%) higher than her/his previous wage rate she/he will be moved to the next grid level.

ARTICLE 23-SHIFT AND LEAD HAND PREMIUMS

23.01 An employee who has the majority of her/his hours of work between 5:00 p.m. and 8:00 a.m. shall be paid a shift premium of sixty-five ($0.65) cents per hour for all hours worked on her/his shift. Overtime premiums shall not apply to the shift premiums herein.

23.02 When an employee is assigned the responsibilities of Lead Hand by the Administrator, or her/his designate, she/he will receive one ($1.00) dollar per hour over her/his regular hourly wage rate for the duration of the assignment.

23.03 Effective March 8, 2009, an employee shall be paid a weekend premium of fifty ($0.50) cents per hour for each hour worked between twenty-three hundred (2300) hours Friday and twenty-three hundred (2300) hours Sunday.

ARTICLE 24-STANDBY ALLOWANCE

24.01 When an employee is required to stand by, the Region will pay a standby allowance of one dollar and ninety cents ($1.90) per hour.

24.02 An employee on standby who is called in outside of her/his regularly assigned hours will receive not less than three (3) hours' work or pay at time and one-half (1%) her/his regular rate of pay. This shall not apply if such is immediately prior to or succeeding her/his regular shift. In such case, the employee will be paid overtime for hours worked immediately prior to or immediately following her/his regular shift.

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ARTICLE 25-GENERAL PROVISIONS

25.01 (a) Where the Region requires the successful completion of training courses to qualify for, or continue in specific classifications, the Region will require attendance where and when appropriate and will pay the full-time employee's tuition and regular pay lost through attendance at such courses.

(b) Uniform Allowance

Where the Region requires an employee, full-time or part-time, to wear a uniform, such employee having completed her/his probationary period will receive a uniform clothing allowance in the amount as follows:

(i) Full-time employee- One hundred dollars ($100.00) for each successive twelve ( 12) months of continuous service. Payment shall be made in the month of June.

(ii) Part-time employee -five cents ($.05) cents per hour for each hour worked and paid on an annual basis, in the month of June.

(c) Any benefit contained in this agreement including pay for time not worked is contingent upon an employee being in actual receipt of wages from the Region and therefore shall be pro-rated where necessary to reflect that, to the period of time actually worked (to the nearest full pay period on which the employee is actually in receipt of wages from the Region). When an employee requests, the benefits under Article 19 (Employee Benefits) will be continued during the time she/he is not in receipt of wages provided she/he pays the full premium cost therefore. Benefits provided by Article 19 (Employee Benefits) shall be continued for an employee on compensation awarded by the Workers' Safety and Insurance Board for a period of up to one ( 1 ) year.

The provisions of this section shall not apply to an employee on pregnancy and/or parental leave.

(d) Safety Footwear

The Region shall pay up to $110 per calendar year for Canadian Standards Association (CSA) approved footwear to an employee who is required by the Region to wear safety footwear.

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25.02 Where the nature of the work or conditions so require, employees shall be supplied at the Region's expense with all necessary keys, protective clothing and safety equipment which shall be maintained and/or replaced where necessary at the Region's expense. If replacement is required for reasons other than normal wear and tear, it shall be done at the employee's expense. This article shall not apply to an employee who is a tradesperson where it is customary for a tradesperson to supply her/his own tools.

25.03 If an employee is required to use her/his personal vehicle in the service of the Region, she/he shall be reimbursed in accordance with Regional policy.

25.04 Employee Records

(a) An employee shall have the right to have access to and review her/his employee file on reasonable notice and in the presence of the Region.

(b) Any disciplinary letter and/or letter of counsel will be removed from the record of any employee eighteen (18) months following the receipt of such letter, provided that the employee's record has been discipline free for such eighteen (18) month period and a request in writing to remove such letter is received by the Administrator from the employee. This provision will not apply in any incident of Resident Abuse. Any incident of Resident Abuse shall form part of the permanent personnel record.

(c) The employee shall have the right to respond in writing to any documents contained in her/his employee file and such reply shall become part of the personnel record.

(d) If an employee so requests, she/he shall receive a copy of her/his performance appraisal.

25.05 The parties to this Collective Agreement share the responsibility of ensuring staff are well trained; therefore, an employee who attends a staff education session provided by management which has been scheduled outside her/his regular working hours, shall be paid her/his straight time hourly rate for all hours spent in the session. Should the Region make it mandatory that the employee attend a staff education session, she/he shall be paid one and one-halftimes (1~) her/his straight time hourly rate for all hours spent in the session which are outside her/his regular working hours.

25.06 Union Activity

Union will be given access to Voice Mail Message centre for union communications. Also, the Union will be provided with a locking file cabinet for Union related materials, which will be placed in a mutually agreeable location.

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25.07 Contracting Out

Where the Region deems it essential to contract out work normally performed by bargaining unit employees, the Region shall provide the Union at least sixty (60) days notice of its intention to contract out such work. During that period, the parties will meet to discuss such contracting out and its impact on employees.

25.08 Emergencies

In an event of a declared emergency, employees will be requested to work according to operational needs. Employees off work due to scheduled day off, vacation, or leave of absence may be contacted and requested to work. Requests to work during emergencies may only be refused in extenuating circumstances.

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ARTICLE 26-TERM OF THE AGREEMENT

26.01 This Agreement shall be effective from June 1, 2011 until May 31, 2013 and shall continue in effect from year to year thereafter unless either party gives to the other party notice in writing within ninety (90) days prior to the expiry date of this Agreement of its desire to terminate or amend this Agreement.

26.02 Where notice to amend this Agreement has been given, the provisions of this agreement shall continue in force until a new agreement is signed, or an arbitration award is handed down, whichever first occurs.

FOR THE UNION: FOR THE REGION:

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SCHEDULE "A" - SHORT TERM SICK PLAN

THE REGIONAL MUNICIPALITY OF HAL TON ALLENDALE, CREEKWAY VILLAGE AND POST INN VILLAGE

SHORT TERM SICK LEAVE PLAN

1. A sick leave plan is established for all persons who are employed, on a full-time basis, by the Regional Municipality of Halton. Employees who:

(1) Are employed on a fixed-term contract for a period of less than one (1) year are not eligible to participate in this Plan,

(2) Are required to work regularly for not more than thirty (30) hours per week regardless of the contract term, are not eligible to participate in this Plan, or

(3) Are part of a bargaining unit certified by the Labour Relations Board under the Labour Relations Act, R.S.O. 1990, c.L.2, as amended are not eligible to participate in this Plan unless the collective agreement governing said employees both provides otherwise and is in full force and effect.

2. The plan shall be deemed to have been established on January 1, 197 4 and any benefits heretofore received in 197 4 by an employee of the Region shall be deemed to have been benefits derived from this plan.

3. ( 1) An employee may claim the benefits of this plan when absent from her/his place of employment because of illness.

(2) The benefits are set forth in Schedule "A" hereto.

(3) When benefits are received under this plan and the employee returns to work as provided herein, the employee's total weeks of benefit shall be reinstated only after she/he has completed four ( 4) weeks of work without further absence.

4. In this By-Law, illness means:

(1) A physical or mental disability which in the discretion of the employee or Region renders the employee unable to fulfil, reasonably or capably, the requirements of her/his job for a period of more than three (3) hours in a working day and not more than two (2) working days; (herein called a Class I illness).

(2) A physical or mental disability, the result of which is such that the employee is incapable of returning to work after an absence therefrom for more than two (2) consecutive working days (whether or not one or both are holidays recognized by the Region) herein called a Class II illness.

5. (1) The benefits of this plan are available to eligible employees and are based on the length of service of the employee in the employment of the Region, which time period shall be known as "credited service".

(2) Notwithstanding paragraph 5 ( 1) hereof persons employed prior to January 1, 197 4 by local municipalities or local boards but not including Police Commissions, as defined in the Region of Halton Act, 1973, or by the County of Halton or any of its boards or Committees, shall be deemed to have "credited service", equivalent to the length of service as employees of the aforementioned bodies.

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Provided however, (a) that as employees of the said bodies, they would have been "eligible" as defined in paragraph 1 hereof and, (b) that the length of time of employment at no time was interrupted by a voluntary termination of employment in excess of three (3) months. If either of the foregoing provisions is applicable, then in the case of (a), the length of service shall not include the time period when the employee was not "eligible" and, in the case of (b) the length of service calculation is to commence at the most recent time of return to employment.

This paragraph is applicable only during the year 197 4 and not to any persons who commence employment thereafter.

6. If an employee claims entitlement to the benefits of the Sick Leave Plan by virtue of a Class II illness, then the following conditions must be fulfilled by the employee:

(1) Evidence of disability shall, (unless the need for it is waived by the Head of the Department to which the employee is responsible) be in writing and signed by a medical physician who has examined the employee during this period of disability and attests to the disability in her/his opinion. In addition, it shall include a statement as to when, in the physician's opinion, the employee is able to return to work.

(2) Upon request from the Region, the Employee shall provide a new form similar to that required by paragraph 6(1 ). This

does not preclude the Region's right to request an independent medical, which shall be paid by the Region.

(3) If required by the Director of Human Resource Services, a release and direction to allow the employee's medical records to be delivered to a physician of the Region's choice for an independent opinion will be provided.

( 4) Notwithstanding any other provisions of this By-law before any person is eligible to receive any benefits in this plan, she/he shall have an examination by a qualified medical practitioner approved by the Director of Human Resource Services and the medical report shall confirm that the person is free from any ailment or disease which might cause absence from work and that the employee is capable of the work to be performed. The Director of Human Resource Services may allow a person to commence employment, conditional upon a satisfactory report being submitted as required herein, within two weeks, but in no case shall the person be paid until the report is received.

7. An employee who is unable to report to work because of illness shall notify her/his immediate superior at least two (2) hours prior to the commencement of her/his normal afternoon or night shift and day shift, where possible.

8. An employee who has been absent for illness on three occasions in the calendar year, shall be paid as provided herein, commencing on the third working day of the absence for all subsequent occasions of absence in the calendar year, except if confined to hospital, when pay shall commence on the first working day of each absence.

9. An employee persistently claiming leave for illness shall be subject to an investigation by a Board of Review, consisting of the Medical Officer of Health, the Director of Human Resource Services, and the Head of the Department concerned. The Board of Review shall consider all relevant matters pertaining to the employee's leave for illness and shall take such action as may be necessary in regard to the employee's continued employment.

10. An employee shall not be paid for any time when absent from work resulting from an illness or injury, for which the employee is entitled to Workers' Compensation benefits, arising out of the performance of work for gain for an Region or person, other than the Regional Corporation and the provisions of the By-law, shall not apply thereto.

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11. When an employee is absent from work because of illness and exhausts the benefits of the provisions of this By-law the continuance of her/his employment shall be subject to review by the Region. When the employee returns to work she/he shall submit a statement from her/his personal physician confirming that she/he is capable of performing her/his duties, and if deemed necessary, the Director of Human Resource Services may require the employee to be examined by any other qualified medical practitioner.

12. (1) Subject to paragraph 13 hereof, an employee who, prior to becoming an eligible employee of the Region, participated in a sick leave benefit plan that provided for accumulation of sick leave credits, which were eligible under that plan to be convertible into a cash equivalent on termination of employment shall, on termination of employment with the Region, be paid the cash equivalent available to him/her as of December 31, 1973. Unless waiver as provided under section 13 (2) is exercised by the employee, interest shall be paid annually commencing December 31, 197 4, on the cash equivalent based on the rate paid by the Region on July 1st, preceding the payment date.

(2) When an eligible employee has credited service, as defined herein in paragraph 5 (2), in excess of one calendar year, and, when such credited service was accumulated under the Sick Leave Credit Plan with an Region described in paragraph 5 (2) hereof, which provided for vesting of Sick Leave Credits, and, when not less than sixty (60%) percent of the total number of days to which she/he would have been entitled under the previous plan, still remained to the credit of the respective employee as of December 31, 1973, then, notwithstanding any other clause herein contained, if the employee would have been entitled to the vesting of these accumulated credits had she/he continued in the service of her/his former Region, she/he shall be entitled to the cash equivalent of these credits accumulated as of December 31, 1973, provided she/he continues as a full-time employee of the Regional Municipality of Halton and completes the balance of service time required under the former plan for the non-vesting credits to "vest" and provided she/he was an employee of the Regional Municipality of Halton as of January 1, 1975.

13. ( 1) When an employee who has credited service, (exclusive of paragraph 5 (2) in excess often (10) years, retires from her/his employment with the Region and she/he elects to

52

53

claim her/his pensionable benefits under the Region's pension plan, she/he is in addition, to any other benefits entitled to the following:

CREDITED SERVICE

10 years

15 years

20 years and over

BENEFITS

four (4) weeks' pay, plus a fully paid life insurance policy of $2,000.00 payable at death

six (6) weeks' pay, plus a fully paid life insurance policy of $2,000.00 payable at death.

eight (8) weeks' pay, plus a fully paid life insurance policy of $2,000.00 payable at death.

(2) Provided that if an employee otherwise eligible for benefits under paragraph 12 hereof elects in writing on or before September 1, 197 4, to waive the accumulation convertible benefits she/he would be entitled to, she/he shall be entitled to include the provisions of paragraph 5 (2), when calculating credited service for paragraph 13 (1 ).

(3) Notwithstanding any other provisions of this By-law, the benefits provided for in paragraph 13 ( 1) and 13 (2) are available only to employees eligible for the benefits of this plan after September 1, 197 4.

14. Where an employee is entitled to benefits under this plan for an absence which falls on a holiday recognized by the Region, she/he shall not be entitled to, nor be paid for, both sick leave benefits and the designated holiday, on the day in question. But this paragraph shall not be construed so as to affect the provisions and requirements of paragraph 6.

15. ( 1) If the Region is deprived of the services of an employee by reason of illness, accident, or injury which is compensable pursuant to the Workmen's Compensation Act of Ontario, R.S.O. 1070, Chapter 505, and which occurred during the course of her/his employment with the Region, then the employee is not entitled to any benefits of this plan unless she/he elects and agrees to take the compensation provided by the Act.

(2) (a)

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Employees who have illnesses, accidents, or injuries which are compensable pursuant to the Workmen's Compensation Act and who have elected to take the Compensation provided by the Act are entitled to the benefits of this plan insofar as same are applicable except that in no event shall full pay benefits be paid after the expiry of one year from the compensable illness, accident, or injury.

(b) For the purposes of this section the words "full pay" mean the wages to which an employee would have been entitled after all normal deductions have been made inclusive of income tax.

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APPENDIX "A-1"- SHORT TERM SICK BENEFITS

Credited Service Weeks of Full Pay Weeks of 2/3 Pay Total Weeks of Benefits

3 Months 3 12 15

6 Months 4 11 15

1 Year 6 20 26

2 Years 8 18 26

3 Years 9 17 26

4 Years 10 16 26

5 Years 11 15 26

6 Years 12 14 26

7 Years 13 13 26

8 Years 14 12 26

9 Years 15 11 26

10 Years 16 10 26

11 Years 17 9 26

12 Years 18 8 26

13 Years 19 7 26

14 Years 20 6 26

15 Years 21 5 26

16 Years 22 4 26

17 Years 23 3 26

18 Years 24 2 26

19 Years 25 1 26

l2o Years 26 0 26

SCHEDULE B- WAGES

PART 1- FULL-TIME FORTY (40) HOUR CLASSIFICATION WAGE GRID PROGRESSION

JOB LEVEL CLASSIFICATIONS

1 Kitchen Porter

2 Laundry Worker Driver

Housekeeper Ingredient Control Assistant

Stores Clerk Painter Laundry Operator

Groundskeeper Meals on Wheels

3 Worker

Dietary Aide

Craft Co-ordinator

Hairdresser

Janitor

Cafeteria Worker

4 Building Operators II Ward Attendant

Sr. Dietary Aide

Adjuvant Ingredient Supply Clerk

Chill/Sort Worker

STEPS

A: Start 8: After6 months C: After18 months

Steps: A 8 c

Steps: A B

c

Steps: A

8 c

Steps: A B

c

$ $ $

$ $

$

$ $ $

$ $ $

2% 2%

Effective June 1.

2011

16.83 17.31

17.82

17.39 17.92

18.43

19.28 19.87

20.44

20.15 20.73

21.35

Effective June 1,

2012

$ 17.17 $ 17.66

$ 18.18

$ 17.74 $ 18.28

$ 18.80

$ 19.67

$ 20.27

$ 20.85

$ 20.55 $ 21.14

$ 21.78

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2% 2%

Personal Support 4b Worker (HCA) Steps: A $ 20.77 $ 21.19

Cook B $ 21.37 $ 21.80 Ingredient Control

$ 21.98 $ 22.42 Clerk c 5 Vacant

*0% *0% *6 Steps:

Registered Practical A $ 31.79 31.79 Nurse (R.P.N.) B $ 32.38 $ 32.38 Building Operator Ill c $ 32.97 $ 32.97

Part-time wage progression for Part I

Part-time employees will advance to steps B and C respectively on completion of satisfactory performance as follows:

Advance to Step B after 1 ,040 hours Advance to Step C after 3,120 hours

Notes: Special Rate

Sammy Baio Kitchen Porter (Incumbents 18 month rate)

01-Jun-11 $ 18.43 01-Jun-12 $ 18.80

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PART II- FULL-TIME THIRTY-FIVE (35) HOUR CLASSIFICATION WAGE GRID PROGRESSION

New Customer Service Start $16.83 $17.17 Representative

1 $17.02 $17.36 2 $17.22 $17.56 3 $17.41 $17.76 4 $17.62 $17.97 5 $17.82 $18.18

1 Administrative Clerk Start $21.04 $21.46

Resident Care Clerk 1 $21.89 $22.33 2 $22.77 $23.23 3 $23.68 $24.15 4 $24.63 $25.12 5 $25.61 $26.12

2 Life Enrichment Start $26.42 $26.95 Therapist 1 $27.48 $28.03

2 $28.58 $29.15 3 $29.72 $30.31 4 $30.91 $31.53 5 $32.14 $32.78

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59

Notes: The assignment, promotion or reclassification shall initiate salary progression, as follows:

Full-time wage progression for Part II

Start to Step 1

Steps 1 to 5

Full-time- completion of satisfactory performance of six (6) months' service in the same job classification

Full-time- completion of satisfactory performance of twelve (12) months' service in the same job classification

Part-time wage progression for Part II

Start to Step 1

Steps 1 to 5

Part-time - completion of satisfactory performance of 91 0 hours' service in the same job classification

Part-time - completion of satisfactory performance of 1820 hours' service in the same job classification

LOU #1 -PART-TIME PERSONAL SUPPORT WORKER JOB CLASSIFICATION

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

60

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Part-time Personal Support Worker Job Classification

The Parties agree that part-time employees in the personal support worker job classification are hired to replace full-time employees or as per the needs of the home. Accordingly, a part-time employee is normally scheduled for at least four (4) shifts per pay period.

The Parties further agree that there are currently incumbent part-time employees working at Allendale who are scheduled for two (2) shifts per pay period. This practice will continue as needed to ensure the full-time replacement shifts as referenced above are filled by part-time employees.

In accordance with Article 20.1 0, part-time employees based on their stated availability are scheduled for additional hours.

ALLENDALE- OPSEU 261 ONLY

LOU #2 - RE-PICKING OF FULL-TIME SCHEDULES

The parties agree to one final practice of re-picking of full-time work schedules in the nursing department by seniority and by unit (with the exception of full-time RPNs who will pick by Division).

The final re-picking will be in October 2014 with changes to take effect February 2015.

Employees absent from work due to approved leaves of absence will participate in schedule re-picking provided there is an expected date for the employee's return to work.

Employees will choose from the following:

-days - afternoons -nights - days and afternoons - days and nights - afternoons and nights

Nothing in this letter is intended to prejudice the Region's position that it has the right to schedule or the Union's position that it has the right to challenge, under the terms of the collective agreement.

DATED AT

61

ALL3 HOMES

LOU #3- RE: FULL-TIME 35 HOUR EMPLOYEES AND PAID HOLIDAYS

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Full-time 35 hours Employees and paid holidays

The parties agree that full-time thirty-five (35) hour employees employed prior to November 1, 2007 were provided an opportunity to select option A or option B as follows as their paid holiday entitlement. A copy of the employee's election was placed in the employee's file.

Option A, as per Article 17 of the collective agreement, which entitles the employee to the following paid holidays:

Or;

New Year's Day

Family Day

Good Friday

Easter Monday

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Remembrance Day

Christmas Day

Boxing Day

One (1) floating holiday per year

Option B which entitles the employee to the following paid holidays:

New Years Day

Family Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

Thanksgiving Day

Christmas Eve - % day

Christmas Day

Boxing Day

New Years Eve - % day

Two (2) floating holidays per year

Labour Day

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Employees hired in job classifications that have a thirty-five (35) hour work week after November 1, 2007 shall follow Article 17 (Paid Holidays) of the collective agreement.

DATED AT

FOR THE REGION:

63

LOU #4- RE: CONTRACTING OUT

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Contracting Out

64

Notwithstanding Article 25.07 (Contracting Out), the Region agrees that there will be no layoff of bargaining unit employees due to contracting out prior to December 31, 2013.

THIS , DAY OF -~~~........._, 2013

FOR THE REGION:

LOU #5 - RE: OPSEU JOINT TRUSTEED BENEFIT PLAN

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: OPSEU Joint Trusteed Benefit Plan

65

This will confirm that when the Region tenders the Insured Benefits, it will notify the OPSEU Joint Trusteed Benefit Plan who will be given the opportunity to submit a tender on the same basis as any other carrier.

LOU #6- RE: RECRUITMENT AND RETENTION STRATEGIES COMMITTEE

letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its local 261, 265, and 282 "The Union"

Re: Recruitment and Retention Strategies Committee

This letter will confirm the understanding reached between the Parties.

66

1. Effective upon ratification of this agreement, the parties agree to establish a joint recruitment and retention strategies committee comprised of four ( 4) Region Representatives and four ( 4) Union Representatives.

2. The mandate of this Committee is to examine the practicality and feasibility of implementing employment strategies designed to assist in the recruitment and retention of employees at the Region's long term care homes. Such strategies shall include exploration of:

• Job share arrangements

• Ability to work at more than one of the Region's long term care homes

• Increase full-time employment opportunities

• Any other strategies deemed appropriate by the committee

3. The committee will examine the operational details, appropriate work rules and make recommendations to amend the collective agreement required to facilitate these employment strategies.

4. The Committee will commence their work within three (3) months of ratification of this agreement.

5. The Committee shall present their recommendations to the Union and Region within twelve (12) months of the commencement of its work.

67

6. There shall be co-chairpersons, one ( 1) appointed by the Region and one ( 1) by the Union. Minutes shall be kept of all meetings.

DATED AT , THIS ___,.___, DAY OF

FOR THE REGION:

LOU #7- RE: VOLUNTARY EXIT OPTION

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Voluntary Exit Option

In respect of the above-noted matter and without precedent or prejudice in any other matter the parties agree that in the event that a decision is made to contract out operations and prior to issuing a notice of a permanent layoff which will result in a permanent full-time employee losing employment the following would apply:

68

1. The Region will offer Voluntary Exit Options (VEO) to permanent full- time employees in the affected classifications. These offers will be made in writing to all permanent full-time employees in the affected job classification within the bargaining unit. For clarity purposes any employee displaced under Article 16 of the collective agreement is eligible for the VEO under this letter of understanding.

2. The maximum number of employees who can participate in the VEO will not exceed the number of permanent full-time employees within the affected job classification who would otherwise receive notice of layoff. All permanent full­time employees will receive the offer of VEO. These employees shall advise the Region of their decision whether or not to elect a VEO within one ( 1) week of being advised of the offer. If the response exceeds the number required then seniority will prevail.

The Region will determine how remaining employees in the affected job classification will be reassigned based on seniority and as required within the job classification, within the bargaining unit, and with consideration of the residents' quality of care.

3. A permanent full-time employee who accepts the VEO shall have the option of receiving a payment in the form of a lump sum or salary continuance, upon relinquishing all recall rights. This payment shall equal one and a half (1%) weeks pay for each completed year of service, plus a prorated amount for any additional partial year of service, to a maximum of forty-eight ( 48) weeks of income.

69

A week's income is defined as per Article 20.01 (Hours of Work and Overtime) of the collective agreement.

4. Extended Health, Dental and Life Insurance Plans will continue to cover permanent full-time employees who choose the salary continuance payment for six (6) months. Employees will not be entitled to long term disability (L TO) or sick leave benefits during this time.

5. Where a permanent full-time employee accepts the VEO and, on production of receipts from an approved educational program within twelve (12) months of leaving the Region, she/he will be reimbursed for one hundred (100%) percent of tuition fees up to a maximum of $1,250.00.

6. This Agreement shall commence on June 1, 2011 .and shall remain in effect until May 31,2013

DATED AT

FOR THE REGION:

LOU #8- RE: LATERAL TRANSFER PROCESS FOR PART-TIME EMPLOYEES

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Lateral Transfer Process for Part-Time Employees

70

The parties agree that a meeting will be held prior to April 30, 2013, the purpose of which will be to discuss how the Employer will implement a lateral transfer process for part-time employees and any changes to the language contained in Article 15 of the Collective Agreement needed to facilitate the process. In attendance at the meeting will be one management representative from each home, the human resources generalist for Services for Seniors, one representative from the bargaining unit at each home and the OPSEU Staff Representative.

Any changes to Collective Agreement language agreed to by the parties will be incorporated into the next Collective Agreement.

FOR THE R~GION:

LOU #9 - RE: SHIFT REPORT FOR REGISTERED PRACTICAL NURSES

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Shift Report for Registered practical Nurses

71

It is agreed that at the start or end of each shift there will be additional time required for a registered practical nurse to give or receive shift report for a period of fifteen (15) minutes. The registered practical nurse will be advised in advance whether this report time will be worked at the beginning or end of a scheduled shift. Payment shall be at straight time.

LOU #10- RE: DISTRIBUTION OF ADDITIONAL NURSING HOURS

Letter of Understanding

Between

The Regional Municipality of Halton "The Region"

And

The Ontario Public Service Employees Union and Its Local 261, 265, and 282 "The Union"

Re: Distribution of Additional Nursing Hours

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The parties agree that where additional hours to complete the shift become available on the day shift (0700-1500) or evening shift (1500-2300), the employee working the 0700-1300, 0730-1330, 0800-1200, 1500-2100, 1530-2130, 1600-2200, 1700-2100 shifts on the resident home area where the additional hours are available, will be offered the hours first. In event that the employee is not able to work the additional hours, other employees working the 0700-1300, 0730-1330, 0800-1200, 1500-2100, 1530-2130, 1600-2200, 1700-2100 shifts in the Home will be offered the additional hours on the basis of seniority.

Nothing in this letter of understanding shall alter the rights of the parties as per the terms of the Collective Agreement.

APPENDIX C - EARLY RETIREE BENEFITS

OPSEU LOCAL 261, 265 AND 282

WHO IS ELIGIBLE?

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If you are a full-time or permanent part-time employee who retires on or after January 1, 2000 you are eligible, provided you are enrolled in the active employee benefits (extended health care, dental) package prior to retirement.

You must retire from the Region prior to age sixty-five (65) and elect to receive an OMERS pension on retirement. Your benefits class (i.e. Single, Family) at retirement shall be the same as when you were active. If you do not choose to take the benefits on retirement, you cannot apply for them at a later date. Benefits continue until the end of the month in which you turn age sixty-five (65).

WHAT ARE THE BENEFITS?

Extended Health Care

Vision Care- One hundred and fifty ($150) dollars every twenty-four (24) months.

No semi-private hospital coverage (ward only).

Diagnostic Services - laboratory and x-ray services performed in a hospital are covered. Medical services- ambulance, medical equipment and dressings will be covered. Drugs based on the Ontario Drug Benefit Plan will be eligible, plus Life Sustaining Drugs with no overall maximum. The co-insurance on the drugs is eighty (80%) percent to $2,000, then one hundred (100%) percent.

Prescription Drug Dispensing Fee will be capped at five ($5.00) dollars and any amount over that will be the responsibility of the employee. Private duty nursing is covered, to a maximum of $5,000 per year.

Dental

No Deductible.

Basic services covered at one hundred (100%) percent, Major services covered at fifty (50%) percent.

Maximum per calendar year- $1000.

Coverage is based on a two (2) year lag in the O.D.A.

Dental benefits include:

Examinations- includes complete oral examinations once every three (3) years and recall oral examination once every twelve (12) months.

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Consultations- with patient (maximum two (2) units ever twelve (12) months) or with a member of the profession. Radiographs- includes complete series intra oral films once every three (3) years, panoramic films once every three (3) years, bitewing films once every twelve (12) months. Diagnostic Services - includes bacteriologic tests, biopsy and cytological tests. Preventive Services- includes polishing (one ( 1) unit of time once every twelve ( 12) months), scaling, preventive recall package once every twelve (12) months, fluoride treatment, oral hygiene instruction once every twelve (12) months.

Fillings

Endodontic Services- includes root canal therapy, surgical and emergency services. Periodontic Services - includes periodontal surgery, root planning and occlusal equilibration (eight (8) units oftime every twelve (12) months) Surgical Services - includes extractions, surgical incision/excision and frenectomy

Anesthesia

In-office and Commercial Laboratory Charges -when applicable to the covered benefits.

Deluxe Travel (Out of Country Medical)

This benefit is available optionally at the employee's expense. The premiums are subject to change in accordance with the plan's review period. This benefit is only available to employees who have extended health care benefits prior to retirement. If not elected at retirement, this benefit cannot be elected or re-elected at a later date.