between - Ontario Assistance/624... · 28.05 Damage To Personal Property ..... 46 ARTICLE 29 - DURATION AND RENEWAL ... at the Crisis Response Services Kenora Rainy River District

Collective

Agreement

between

Ontario Public Service Employees Union

on behalf of its Local 727

and

Dryden Regional Health Centre

Crisis Response Services Kenora Rainy River District

Duration: May 27, 2014 to March 31 , 2017

OPSEUSEFPO

Sector 18

7- 727- 10364-20170331- 18

Uncontrolled copy of 7- 727- 10364-20170331- 18 CA

1

ARTICLE1 — PURPOSE ................................................................................................. 1

ARTICLE 2 - EMPLOYEE DEFINITIONS ........................................................................ 12. 01 Definitions........................................................................................ 12. 02 Full Time.......................................................................................... 12. 03 Part Time......................................................................................... 12. 04 Casual ............................................................................................. 1

ARTICLE 3 - NO DISCRIMINATION OR HARASSMENT ............................................... 23. 01 Definition.......................................................................................... 23. 02 Employer's Commitment............................. .............................. 23. 03 Ontario Human Rights Code............................................................ 23. 04 Spouses........................................................................................... 23. 05 Diversity In The Workplace.............................................................. 3

ARTICLE4 - SCOPE........................................................................................................ 3

ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 3

ARTICLE 6 - NO STRIKES OR LOCKOUTS................................................................... 4

ARTICLE 7 - CHECK-OFF OF UNION DUES ................................................................. 47. 01 Monthly Deductions ......................................................................... 47. 02 Indemnification ................................................................................ 47. 03 List Of Employees............................................................................ 4

ARTICLE 8- UNION REPRESENTATION AND COMMITTEES...................................... 48. 01 Union Stewards ............................................................................... 4

8. 02 Labour-Management Committee..................................................... 5

8. 03 Negotiating Committee .................................................................... 5

8. 04 List Of Union Representatives................... .............................. 68. 05 New Employee Interview................................................................. 6

8. 06 Paid Time For Meetings................................................................... 6

ARTICLE 9 —ACCIDENT PREVENTION & HEALTH AND SAFETY

COMMITTEE ............................................................................................ 7

9. 01 Definition.......................................................................................... 7

9. 02 Appropriate Safety Equipment......................................................... 7

9. 03 Equipment Training.......................................................................... 7


ii

9. 04 Joint Health And Safety Committees............................................... 7

9. 05 Infectious Diseases.......................................................................... 7

9. 06 Protection From Violence At Work................................................... 8

9. 07 Emergency Communication Device For Employees........................ 8

9. 08 Employee Assistance Program........................................................ 8

ARTICLE 10 - GRIEVANCE & ARBITRATION PROCEDURE ........................................ 910. 01 Employee Rights.............................................................................. 9

10. 02 Definition.......................................................................................... 9

10. 03 Process............................................................................................ 9

10. 04 Policy Grievance............................................................................ 1010. 05 Group Grievance ........................................................................... 11

10. 06 Discharge Grievance .....................................................

10. 07 Arbitration ...................................................................................... 11

10. 08 Binding........................................................................................... 11

10. 09 Arbitration Process ........................................................................ 11

10. 10 Arbitrator........................................................................................ 12

10. 11 Arbitration Exclusion...................................................................... 12

10. 12 Arbitration Scope........................................................................... 12

10. 13 Arbitrator's Ruling .......................................................................... 12

10. 14 Arbitration Expenses...................................................................... 12

10. 15 Time Limits .................................................................................... 12

10. 16 Commitment To Avoid Arbitration.................................................. 12

10. 17 Notwithstanding ............................................................................. 13

ARTICLE 11 - LETTERS OF REPRIMAND AND ACCESS TO FILES.......................... 13

11. 01 Removal Of Letter Of Reprimand .................................................. 13

11. 02 Access To File............................................................................... 13

ARTICLE 12 - SENIORITY AND SERVICE................................................................... 13

12. 01 Definition........................................................................................ 13

12. 02 Newly Hired Employee .................................................................. 13

12. 03 Master Seniority List...................................................................... 14

12. 04 Part Time/Casual Employees Seniority ......................................... 14

12. 05 Full Time Employees Seniority ...................................................... 14

12. 06 Retention Of Seniority.................................................................... 14

12. 07 Absences - Full Time Employees Only....... ............................ 15

12. 08 Transfer Outside Of Bargaining Unit.............................................. 16

12. 09 Loss Of Seniority ........................................................................... 16

ARTICLE 13 - LAYOFF AND RECALL/EMPLOYMENT STABILITY ............................. 17

13. 01 Attrition .......................................................................................... 17

13. 03 Long Term Permanent Layoff........................................................ 17

13. 04 Entitlements................................................................................... 18


iii

13. 05 Short Term Layoff.......................................................................... 18

13. 06 Shift Cancellation........................................................................... 19

13. 07 Recall............................................................................................. 19

13. 08 Length Of Recall Period................................................................. 19

13. 09 Notification Of Recall Opportunities............................................... 19

13. 10 On The Job Training...................................................................... 20

13. 11 Preference For Temporary Vacancies........................................... 20

13. 12 Continuance of Insured Benefits.................................................... 20

13. 13 Layoff By Part-Time Staff............................................................... 20

13. 14 Displacement And Orientation....................................................... 21

ARTICLE 14 - TECHNOLOGICAL CHANGE................................................................ 21

ARTICLE 15 - JOB POSTING, PROMOTION, AND TRANSFER................................. 21

15. 01 Posting Definition........................................................................... 21

15. 02 Information To Be Contained In Postings ...................................... 22

15. 03 Filling Posted Vacancies................................................................ 22

15. 04 Successful Applicant...................................................................... 22

15. 05 Promotion And Transfer Of Staff ................................................... 22

15. 06 Temporary And Posted Vacancies ................................................ 22

15. 07 External Advertising....................................................................... 23

15. 08 Non- Bargaining Assignment........................................................ 23

ARTICLE 16 - LEAVES OF ABSENCE......................................................................... 23

16. 01 Leave Without Pay......................................................................... 23

16. 02 Union Business.............................................................................. 24

16. 03 Bereavement Leave....................................................................... 25

16. 04 Jury And Witness Duty .................................................................. 25

16. 05 Pregnancy And Parental Leave..................................................... 26

16. 06 Education Leave............................................................................ 29

16. 07 Personal Leave.............................................................................. 29

16. 08 Military Leave ................................................................................ 30

ARTICLE 17 - SICK LEAVE/ SHORT TERM DISABILITY AND LONG TERM

DISABILITY FULL-TIME EMPLOYEES ONLY ....................................... 30

17. 03 Long- Term Disability...................................................................... 31

17. 04 Workplace Illness/ Injury................................................................. 31

17. 05 Medical Certificate ......................................................................... 31

ARTICLE 18 - HOURS OF WORK AND OVERTIME .................................................... 32

18. 01 Work Week And Work Day/Overtime............................................. 32

18. 02 Rest Periods.................................................................................. 32

18. 03 Overtime Definition ........................................................................ 32

Uncontrolled copy of 7- 727- 10364- 20170331- 18 CA

iv

18. 04 Days Off......................................................................................... 32

18. 05 Scheduling Part Time And Casual Employees .............................. 32

ARTICLE 19 — PREMIUM PAYMENTS / TRANSPORTATION / MEAL

ALLOWANCE ...................................................... 33

19. 01 Standby Time/ On- Call ................................................................... 33

19. 02 Shift Premium ................................................................................ 33

19. 03 Weekend Premium ........................................................................ 33

19. 04 Transportation Allowance .............................................................. 33

19. 05 Responsibility Pay ......................................................................... 33

19. 06 Change Of Schedule ..................................................................... 34

19. 07 No Pyramiding ............................................................................... 34

ARTICLE 20 - PAID HOLIDAYS.................................................................................... 34

20. 01 Statutory Days ............................................................................... 34

20. 02 Lieu Time For Stat Days................................................................ 35

20. 03 Overtime Premiums....................................................................... 35

20.04 Sick Pay On Stat Days- Full Time Only......................................... 36

20. 05 Eligibility For Stat........................................................................... 36

20. 06 Identified Religious Holidays.......................................................... 36

20. 07 Vacation And Paid Holidays .......................................................... 36

ARTICLE 21 - VACATIONS AND VACATION CREDITS .............................................. 36

21. 04 Termination And Vacation Pay Out................................................ 38

21. 05 Bereavement Leave During Vacation ............................................ 38

21. 06 Vacation Schedules....................................................................... 38

21. 07 Interrupted Vacation ...................................................................... 39

ARTICLE 22 — HEALTH AND WELFARE BENEFITS ................................................... 39

22. 01 Insured Benefits............................................................................. 39

22. 02 Benefits On Sick Leave ................................................................. 39

22.03 Change Of Carrier ......................................................................... 40

22.04 Hospitals Of Ontario Pension Plan ( HOOPP) ................................ 40

22.05 Part-Time/Casual Benefits............................................................. 40

22. 06 Benefits Information....................................................................... 40

ARTICLE 23 — MODIFIED WORK................................................................................. 40

ARTICLE 24 - CONTRACTING OUT................................................................. 41

ARTICLE 25 — COMPENSATION.................................................................................. 41


V

25. 01 New Classifications........................................................................ 41

25. 02 Grid Progression - Full Time Employees Only............................... 41

25. 03 Grid Progression - Part Time/Casual Employees Only.................. 41

25. 04 Pay Grades.................................................................................... 42

25. 05 Changes To Existing Classification................................................ 42

ARTICLE 26 — MODEL SCHEDULING AGREEMENTS AND PRE- PAID LEAVE......... 42

26. 01 Extended Tours ............................................................................. 42

ARTICLE 27 - WORK OF THE BARGAINING UNIT...................................................... 46

27.01 Definition........................................................................................ 46

ARTICLE 28 — GENERAL.............................................................................................. 46

28.01 Printing Of Collective Agreement................................................... 46

28.02 Bulletin Boards .............................................................................. 46

28.03 Job Specifications.......................................................................... 46

28.04 Information To Local Union............................................................ 46

28.05 Damage To Personal Property ...................................................... 46

ARTICLE 29 - DURATION AND RENEWAL.................................................................. 47

SCHEDULE A - WAGE SCALE..................................................................................... 48

SCHEDULE B — INSURED BENEFITS ......................................................................... 49


1

ARTICLE 1 — PURPOSE

The general purpose of this Agreement is to establish and maintain collective

bargaining relations between the Employer and the employees covered by thisAgreement; to provide for on- going means of communication between the Unionand the Employer and the prompt disposition of grievances and the final

settlement of disputes and to establish and maintain mutually satisfactorysalaries, hours of work and other conditions of employment in accordance with

the provisions of this Agreement. It is recognized that employees, the Union and

the Employer wish to work together to secure the best possible care and health

promotion for clients.

ARTICLE 2 - EMPLOYEE DEFINITIONS

2. 01 Definitions

Whenever the feminine pronoun is used in this Agreement, it includes the

masculine pronoun and vice versa where the context so requires. Where the

singular is used, it may also be deemed to mean plural and vice versa.

2. 02 Full Time

Regular Full Time employees are employees engaged to fill a permanent position

and regularly working the normal or standard workweek averaged over a bi-weekly pay period.

A full time employee is an employee who is regularly scheduled to work thenormal full- time hours referred to in Article 18.01

2. 03 Part Time

Regular part-time employee is an employee who regularly works less than thenormal weekly full- time hours referred to in Article 18. 01 and who commits to beavailable for work on a regular pre-determined basis.

Where part-time employees fill temporary full- time vacancies, such employeeswill be considered part-time employees.

2. 04 Casual

A casual employee is defined as an employee who is not regularly scheduledand does not commit to be available for work on a regular predetermined basis.

It is expected that a casual employee will be available to work at least twentypercent ( 20%) of the shifts that have been offered to them, calculated on a

quarterly basis. If an employee is unavailable due to other employment


2

obligations, the Employer will not offer shifts on these days. Failure to work the

required number of shifts will result in termination from staff. In order for this

clause to apply, the employee must be offered a minimum of five ( 5) shifts eachquarter.

ARTICLE 3 - NO DISCRIMINATION OR HARASSMENT

3. 01 Definition

The parties recognize the dignity and worth of every individual and seek to createa climate of understanding and mutual respect in the workplace.

The Employer and the Union agree that there will be no discrimination,

interference, intimidation, restriction or coercion exercised or practiced by any oftheir representatives with respect to any employee because of his membership ornon- membership in the Union or activity or lack of activity on behalf of the Unionor by reason of exercising his rights under the Collective Agreement.

3. 02 Employer's Commitment

It is agreed that there will be no discrimination by either party or by any of theemployees covered by this Agreement on the basis of race, ancestry, place oforigin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, sexual

identity, age, marital status, family status, disability, record of offenses or

prohibited grounds under the Ontario Human Rights Code or other factor which is

not pertinent to the employment relationship.

3. 03 Ontario Human Rights Code

Every employee who is covered by this agreement has a right to freedom fromharassment in the workplace in accordance with the Ontario Human Rights

Code.

An employee who feels that they have been the subject of harassment mayutilize the grievance procedure of this Collective Agreement, file a complaint

under the Ontario Human Rights Code or utilize the process as set out in the

Employer's policy regarding Employment Related Harassment and

Discrimination.

3. 04 Spouses

All entitlements for spouses under the Collective Agreement shall apply equallyto spouses, same-sex spouses, and common- law spouses.


3

3. 05 Diversity In The Workplace

The Employer and OPSEU Local 727 are committed to creating a culture ofshared values and behaviours consistent with the mission and core values of the

organization. This includes respect for the diversity of race, culture, ethnicity,gender, age, religion and sexual orientation that is demonstrated by inclusivepractices, policies and conduct in relation to governance, service and

employment.

ARTICLE 4 - SCOPE

The Employer recognizes the Ontario Public Service Employees Union ( OPSEU)

as the sole bargaining agent for all employees of Dryden Regional Health Centreat the Crisis Response Services Kenora Rainy River District in the City ofDryden, save and except the Mental Health and Addictions Supervisor, Directors

and persons above the rank of Director, and the Administrative Assistant to the

Director.

ARTICLE 5 - MANAGEMENT RIGHTS

The Union recognizes that the management of the operations and the direction of

the employees are fixed exclusively with the Employer and shall remain solelywith the Employer and without restricting the generality of the foregoing it is theexclusive function of the employer to:

a) maintain order and efficiency;

b) hire, assign, promote, demote, classify, transfer, direct, lay-off, recall and tosuspend, discipline or discharge employees provided that a claim by anemployee that she has been disciplined or discharged without just cause maybe subject of a grievance and dealt with as hereinafter provided;

c) establish and enforce reasonable rules and regulations governing the conductof the employees, which rules and regulations are primarily designed tosafeguard the interests of the clients;

d) determine all work schedules, the kind and location of equipment to be used,

methods to be used, the services to be performed, the standards of

performance of all employees, work assignments, the hours of work and all

other rights and responsibilities of management not specifically modifiedelsewhere in this agreement; and

e) there shall be no verbal or written agreements with any employees that arecontrary to this Collective Agreement.


4

ARTICLE 6 - NO STRIKES OR LOCKOUTS

The Union agrees there shall be no strikes and the Employer agrees there shall

be no lockouts so long as this Agreement continues to operate. The terms

strike" and " lockout" shall bear the meaning given them in the Ontario LabourRelations Act.

ARTICLE 7 - CHECK-OFF OF UNION DUES

7. 01 Monthly Deductions

The Employer will deduct from each employee from their first day of employmentin the bargaining unit an amount equal to the regular monthly union duesdesignated by the Union. The amount of regular monthly dues shall be ascertified by the treasurer of the Union from time to time. The Employer shall

remit the amounts so deducted to the Director of Financial Administration of the

Union, 100 Lesmill Road, Toronto, ON M313 3P8 no later than the 15th of the

month following the month in which such deductions were made.

7. 02 Indemnification

In consideration of the deduction and forwarding of Union dues by the Employer,the Union agrees to indemnify and save harmless the Employer against anyclaims or liabilities arising or resulting from the operation of this Article.

7. 03 List Of Employees

In addition, the Employer agrees to forward to OPSEU Central, on a one-time

basis, a master list of current bargaining unit members. This list shall include

employee name, classification/job title, part- time/full-time status and if on leave

greater than thirty ( 30) days. The Employer shall provide a copy of theEmployee Activity Form" to the Dryden Regional OPSEU office to reflect

changes as they occur.

ARTICLE 8- UNION REPRESENTATION AND COMMITTEES

8. 01 Union Stewards

The Employer agrees to recognize three ( 3) Union stewards to be elected or

appointed from amongst employees in the bargaining unit for the purposes ofhandling grievances and other Union business as provided under this collectiveagreement.


5

Employees who are Union stewards have their regular duties and responsibilities

to perform for the Employer and shall not leave their regular duties without first

obtaining permission from their immediate supervisor. Such permission shall notbe unreasonably withheld.

A Union steward shall suffer no loss of earnings for time spent in performing theabove duties during her regular scheduled working hours.

8. 02 Labour-Management Committee

a) Labour-Management Committee

The parties mutually agree that there are matters that would be beneficial ifdiscussed at a Labour-Management Committee meeting during the term ofthis agreement. The Committee shall be composed of three ( 3) members of

each party as mutually agreed and shall meet at a time and place mutuallysatisfactory. The Committee shall meet no less than once every three (3)

months unless otherwise mutually agreed upon. A request for a meetinghereunder will be made in writing at least fourteen ( 14) days prior to the dateproposed and be accompanied by an agenda of matters proposed to bediscussed.

b) Workload

Where an employee or group of employees, covered by this agreement andnot governed by a regulatory body under the Regulated Health ProfessionsAct, and/ or the Social Work and Social Service Work Act, have cause to

believe that they are being asked to perform more work than is consistentwith proper patient care, it is agreed by the parties that such workloadproblems may be discussed by the Labour Management Committee. Such

complaint must be filed in writing within fifteen ( 15) calendar days of the

alleged improper assignment.

If after a thorough investigation, no consensus can be reached at Labour

Management Committee, the parties will meet with the Chief Executive

Officer ( CEO) or designate within thirty ( 30) days of referral to present theissues. The CEO or designate will notify the Union of the decision in writingwithin fourteen ( 14) days.

8. 03 Negotiating Committee

Pay for Local Negotiating Committee

The Employer agrees to recognize a negotiating committee comprising three ( 3)members to be elected from within the bargaining unit plus a spokesperson. Thepurpose of this negotiating committee shall be to negotiate a renewal of this


6

Collective Agreement. The Employer agrees that the three ( 3) employee

members of the negotiating committee shall suffer no loss of earnings and noloss of credits for time spent during their regularly scheduled working hours inattending negotiation meetings with the Employer up to, and includingconciliation.

8. 04 List Of Union Representatives

The Union agrees to provide and maintain an up- to-date list of all UnionRepresentatives ( including Union Stewards, Union Executive, Labour/

Management Committee and Negotiating Committee) to the Director of HumanResources or designate.

8. 05 New Employee Interview

All new employees will have the opportunity to meet with a representative of theUnion in the employ of the Employer for a period fifteen ( 15) minutes during theemployee' s probationary period, without loss of regular earnings. The purpose ofsuch meeting will be to acquaint the employee(s) with such representative of theUnion and the collective agreement. These interviews will be scheduled in

advance and may be arranged collectively or individually by the Employer.

8. 06 Paid Time For Meetings

The Union' s designated representatives on joint Employer-Union Committees

shall be given an agreed upon amount of time off with no loss of pay and with noloss of credits to attend committee meetings with the Employer.

The Employer agrees, as far as practicable, to schedule all meetings involvingStewards and Local Union Representatives during the shop stewards' or LocalUnion Representatives' scheduled hours of work.

Where a Committee representative designated by the Union attends Committeemeetings outside of her or his regularly scheduled hours, she or he will be paidfor all time spent in attendance at such meetings at her or his regular straight

time hourly rate of pay. Such payment shall be limited to two ( 2) Committee

representatives per meeting.

Further, the Employer agrees that non full-time employees who are Stewards orLocal Union Representatives, and who attend meetings with the employer

outside of their scheduled hours of work, shall be paid their regular straight-time

rate of pay for all hours while attending said meetings, up to the normal dailyhours of work.


7

For clarity, meetings include but are not limited to grievance meetings,

disciplinary meetings, labour management meetings, health and safety

committee meetings and collective bargaining negotiations.

ARTICLE 9 —ACCIDENT PREVENTION & HEALTH AND SAFETY COMMITTEE

9. 01 Definition

The parties fully support and endorse a desire to prevent accidents, injury andillness in the workplace and shall co-operate to the fullest extent possible in the

prevention of accidents and in the reasonable promotion of safety and health ofall employees. The Employer shall continue to make reasonable provisions for

the safety and health of its employees during the hours of their employment inaccordance with the Occupational Health and Safety Act.

9. 02 Appropriate Safety Equipment

The Employer shall provide, where required, appropriate safety equipment,

protective clothing, and training in the use of such equipment or clothing.Employees shall use all safety equipment and protective clothing provided andshall participate in any related training programs.

9. 03 Equipment Training

No employee shall be required to work on or operate any piece of equipmentuntil he/she has received proper training and instructions.

9. 04 Joint Health And Safety Committees

The Employer shall establish a joint health and safety committee as mandatedunder the Occupational Health and Safety Act. Up to a maximum of two ( 2)members of the Union shall sit on the J. O. H. S. C. The Union members will not

lose regular salary from their scheduled hours for any time spent in committeemeetings, inspections and certifications. The Union fully agrees to support theEmployer in promoting safety rules and practices. At least one member from the

bargaining unit will be a certified worker as defined under the OccupationalHealth and Safety Act.

9. 05 Infectious Diseases

a) Where the Employer identifies high- risk areas where employees are exposed

to Hepatitis B, the Employer will provide, at no cost to the employees, a

Hepatitis B vaccine. Additionally, the Employer will provide at no cost to theemployees the influenza vaccine and tuberculosis testing.


8

b) Where the Employer identifies high- risk exposure areas where employees are

potentially in contact with infectious or communicable diseases such asinfluenza for which there are available protective medications, such

medications shall be provided at no cost to employees. The Employer shall

approve an implementation protocol and any such medications.

c) The parties acknowledge that the Employer is to provide the HIV Post

Exposure Prophylactic program at no charge to employees and will continue

to do so.

d) The Employer recognizes that employees have the right to refuse anyrequired vaccination.

If an employee refuses to take the vaccine required under this provision, she or

he may be placed on an unpaid leave of absence during any influenza outbreakin the unit until such time as the employee is cleared to return to work. If an

employee is placed on unpaid leave, she or he can use banked lieu time or

vacation credits in order to keep her or his pay whole.

If an employee refuses to take the vaccine because it is medically contra-indicated, and where a medical certificate is provided to this effect, she or he will

be reassigned during the outbreak period, unless reassignment is not possible, inwhich case the employee will be paid. It is agreed that any such reassignmentwill not adversely impact the scheduled hours of other employees.

If an employee gets sick as a result of the vaccination, and applies for WSIB, the

Employer will not oppose the claim.

9. 06 Protection From Violence At Work

The Employer acknowledges its statutory responsibilities relating to workplaceviolence. The parties agree that workplace violence continues to be a proper

topic of discussion for the Joint Health and Safety Committee.

9. 07 Emergency Communication Device For Employees

The Employer will provide two ( 2) permanent panic alarms in addition to the

current complement of personal alarms for effective emergency communicationand for summoning assistance.

9. 08 Employee Assistance Program

The Employer recognizes that exposure to work- related stressors can have an

adverse effect on the health and well- being of employees. To assist in this andother conditions the Employer agrees to maintain an Employee Assistance


9

Program ( EAP). The cost of this program and choice of provider shall be borne

by the Employer.

ARTICLE 10 - GRIEVANCE & ARBITRATION PROCEDURE

10. 01 Employee Rights

Employees shall have the right, upon request, to the presence of a Union

Steward at any stage of the grievance procedure, including the complaint andinvestigation stages, or at any time when formal discipline is imposed. The

Employer shall arrange investigation and discipline meetings on not less than 24

hours' notice to the employee. If the employee requests a Union steward to be

present for any such meeting he shall be responsible for obtaining the presenceof the steward. Upon request, the Employer will provide any employee with a listof active union stewards which shall be updated by the Union. The Employer

agrees that it will not discipline an employee without just cause. Where the

Employer deems it necessary to suspend or discharge an employee, the

Employer shall notify the Union, in writing, of such suspension or discharge.

10. 02 Definition

For the purposes of this Agreement, a grievance is defined as a difference

arising between the Union and/or a member of the bargaining unit and theEmployer relating to the interpretation, application, administration, or alleged

violation of the Agreement. The Employer may file policy grievances against theUnion by written notice to the Union Staff Representative. Grievances of thisnature will adhere to the timelines outlined in the Policy Grievance Article of thisagreement.

10. 03 Process

Step One

It is the mutual desire of the parties hereto that complaints shall be adjusted as

quickly as possible, and it is understood that an employee has no grievance untilhe has first given his immediate supervisor the opportunity of adjusting suchcomplaint. Either alone, or accompanied by a steward, such complaint shall bediscussed with his immediate supervisor within nine ( 9) days from the event

giving rise to the grievance, or from when the employee should have reasonablybecome aware of the event giving rise to the grievance. Failing settlement withinnine ( 9) days following his immediate supervisor' s decision, the grievance will beprocessed in the following manner and sequence:


10

Step Two

The employee or one designated member of a group of employees may presentthe grievance in writing to the Director, Crisis Response Services or her

designate. The grievance shall identify the nature of the grievance; the remedysought, and should specify the provisions of the Agreement, which are alleged tohave been violated.

The Director, Crisis Response Services or her designate shall hold a meetingwith the employee and Union Steward within nine ( 9) days of receipt of the

grievance and shall give the grievor her decision in writing within nine ( 9) days ofthe meeting with a copy to the Union Steward. Both parties may have theassistance of an outside representative at such meetings.

Step Three

If a settlement satisfactory to the employee(s) is not reached in Step Two, thewritten grievance may be submitted to the CEO, or his designate within nine ( 9)days after the decision in Step Two is given. The CEO shall hold a meeting withthe employee and Union Steward within nine ( 9) days of the receipt of the

grievance and shall give the grievor his decision in writing within nine ( 9) days ofthe meeting with a copy to the Union Steward. Both parties may have theassistance of an outside representative at such meetings.

The Union will then have a period of fourteen ( 14) days from the date of the

Employer's response to determine if the response is acceptable, or will refer the

matter to arbitration.

If the grievance is filed by the Employer, the Union will provide a response by theend of the thirtieth ( 30th) day following the date the grievance was filed. TheEmployer will have fourteen ( 14) days from the date of the Union' s response to

determine if it will accept the Union' s response or will refer the matter to

arbitration.

10. 04 Policy Grievance

A grievance arising directly between the Employer and the Union concerning theinterpretation, application or alleged violation of the agreement shall be

originated at the level of the CEO within fourteen ( 14) days following thecircumstances giving rise to the grievance.

It is expressly understood, however, that the provisions of this Article may not beused with respect to a grievance directly affecting an employee which she couldhave instituted herself, and the regular grievance procedure shall not be therebybypassed. Where the grievance is an Employer grievance it shall be filed with the

Union Staff Representative.


11

10. 05 Group Grievance

Where a number of employees have identical grievances and each one would

be entitled to grieve separately, they may present a group grievance in writing,signed by each employee who is grieving to the immediate Supervisor, or herdesignate, within fourteen ( 14) days after the circumstances giving rise to thegrievance have occurred. The grievance shall then be treated in the manner as

set out for an individual grievance.

10. 06 Discharge Grievance

The release of a probationary employee shall not be the subject of a grievance orarbitration.

The Employer agrees that it will not discharge without just cause, an employee

who has completed his probationary period. A claim by an employee that he hasbeen unjustly discharged shall be treated as a grievance. Such grievance shallbe submitted at Step Three of the grievance process through the local Unionsigned by the grievor within seven ( 7) days after the date the discharge is

affected.

10. 07 Arbitration

Failing settlement under the foregoing procedure, any grievance, including aquestion as to whether the grievance is arbitratable, may be submitted toarbitration as herein provided. If no written request for arbitration is received

within fourteen ( 14) days after the decision under the foregoing procedure isgiven, the grievance shall be deemed to have been abandoned.

10. 08 Binding

All agreements reached under the grievance procedure between the

representatives of the Employer, the representatives of the Union and the

grievor(s) will be final and binding upon the parties.

10. 09 Arbitration Process

When either party requests that any matter be submitted to arbitration asprovided in this article, it shall make such request in writing addressed to theother party to this Agreement, and shall propose no less than three potentialarbitrators. The responding party shall either agree to one of the proposedarbitrators or shall propose three or more alternative arbitrators. If the parties

cannot reach agreement on an arbitrator within a period of thirty ( 30) days, theyshall then request the Minister of Labour for the Province of Ontario to appoint anArbitrator.


12

10. 10 Arbitrator

No person may be appointed as an Arbitrator who has been involved in anattempt to negotiate or settle the grievance, unless agreed to by the parties priorto the commencement of the arbitrator's involvement in negotiating or settling thegrievance.

10. 11 Arbitration Exclusion

No matter may be submitted to arbitration which has not been properly carriedthrough all requisite steps of the grievance procedure.

10. 12 Arbitration Scope

The Arbitrator shall not be authorized to make any decision inconsistent with theprovisions of this agreement, or to alter, modify, add to, or amend any part of thisagreement.

10. 13 Arbitrator's Rulinq

The arbitration proceedings will be expedited by the parties. The decision of the

Arbitrator shall be final and binding upon the parties hereto and the employees.

10. 14 Arbitration Expenses

The parties will share equally the fees and expenses of the arbitrator.

10. 15 Time Limits

Time limits shall be computed by excluding Saturday, Sunday and designatedholidays.

The time limits set out in this article are mandatory and failure to comply strictlywith such time limits, except by the written agreement of the parties, shall resultin the grievance being deemed to have been abandoned.

10. 16 Commitment To Avoid Arbitration

The parties to this agreement wish to encourage the settlement of grievances as

soon as is possible and, wherever possible, without resorting to arbitration. For

these reasons, the parties shall take advantage of the process for

mediation/arbitration wherever possible. Notwithstanding the foregoing, and

following completion of Step Three of the grievance process, either party maydetermine it is better served to go directly to arbitration. That party shall notifythe other in writing.


13

10. 17 Notwithstanding

Notwithstanding the time limits as set out herein, in the interest of bringing thematter to an expeditious conclusion, where the decision or response is provided

in less than the number of days provided above, any subsequent response willmeasure from the receipt of the response.

ARTICLE 11 - LETTERS OF REPRIMAND AND ACCESS TO FILES

11. 01 Removal Of Letter Of Reprimand

Any letter of reprimand or suspension will be removed from the record of anemployee eighteen ( 18) months following the receipt by the employee of suchletter or suspension provided that the employee's record has been discipline freeof similar offences for such eighteen ( 18) month period. Any such letter ofreprimand, suspension or other sanction so removed cannot be used in anysubsequent proceedings.

11. 02 Access To File

Each employee shall have reasonable access to his file for the purposes of

reviewing any evaluations, letters of counseling or formal disciplinary notationscontained therein. Such review shall take place in the presence of the Employer.

A copy of the above documents will be provided to the employee on request. Anemployee is entitled to place a written response to letters of counseling in his file.

ARTICLE 12 - SENIORITY AND SERVICE

12. 01 Definition

Seniority shall be defined as an employee' s length of service within thebargaining unit from the last date of hire. Service shall be defined as an

employee' s length of continuous service from the last date of hire.

Beginning April 24th, 2008, the Employer agrees to grandfather the seniority ofall employees who transferred directly to the Employer from Sunset CountryPsychiatric Survivors.

12. 02 Newly Hired Employee

Newly hired employees shall be considered to be on probation for a period ofthree ( 3) months worked from date of last hire ( 480 hours of work for employees

whose regular hours of work are other than the standard workday). If retained


14

after the probationary period, the employee shall be credited with seniority fromthe date of last hire. Such probationary period may be extended in the solediscretion of the employer, provided written notice is given by the Employer to theemployee before the end of the first probationary period. A copy of such noticewill be provided to the Union.

It is understood and agreed that any extension to"the probationary period will notexceed an additional three (3) months or four hundred eighty (480) hours of workfor employees whose regular hours of work are other than the standard work dayworked.

During the probationary period, the employee shall be entitled to all rights underthis Agreement unless specifically amended by this agreement or by the termsdictated by benefit plan carriers. The release of a probationary employee shallnot be the subject of a grievance or arbitration.

Employees are not eligible to compete for job vacancies until after their

probationary period has been successfully concluded.

12. 03 Master Seniority List

a) A seniority list will be maintained for the bargaining unit. The Employer shallpost such list and provide the Union with a copy, indicating bargaining unitseniority, twice per year.

b) When a recalculation or correction of an employee's seniority is necessary forreasons other than transfer between full time and part time status, the

Employer will inform the employee and the Union in writing of the requiredchanges.

12. 04 Part Time/Casual Employees Seniority

Part-time/casual employees shall have their seniority expressed on the basis ofhours worked in the bargaining unit.

12. 05 Full Time Employees Senioritx

Full- time employees will accumulate seniority on the basis of their continuousservice in the bargaining unit from the date of last hire, except as otherwiseprovided in the collective agreement.

12. 06 Retention Of Seniority

Seniority shall be retained by an employee in the event that she is transferredfrom full time to part time/casual or vice versa. For the purposes of the

application of seniority under this agreement but not for the purposes of service


15

under any provisions of the agreement, an employee whose status is changedfrom full time to part time/casual shall receive full credit for her seniority andservice on the basis of 1950 hours worked for each year of full time seniority.

For the purposes of the application of seniority, under the agreement but not forthe purposes of service under any provision of this agreement, an employeewhose status is changed from part time to full time shall receive credit for her

seniority on the basis of one ( 1) year of seniority for each 1950 hours worked.Any time worked in excess of an equivalent shall be pro- rated at the time oftransfer.

At no time may a part time employee' s seniority pre-date her actual date of hire.

12. 07 Absences - Full Time Employees Only

a) Effect of Absence

i) It is understood that during an approved unpaid absence not exceedingthirty ( 30) continuous days or any approved absence paid by theEmployer, both seniority and service will accrue.

During an unpaid absence exceeding thirty (30) continuous calendar days,credit for service for purposes of salary increment, vacation, sick leave, orany other benefit under any provision of the Collective Agreement orelsewhere, shall be suspended; the benefits concerned appropriatelyreduced on a pro- rata basis and the employee's anniversary date adjustedaccordingly.

In addition, the employee will become responsible for payment of

subsidized employee benefits in which he is participating for the period ofthe absence. The employee may arrange with the Employer to prepay thefull premium of any applicable subsidized benefits in which she isparticipating during the period of the leave in excess of thirty ( 30)

continuous days to ensure continuing coverage.

It is further understood that during such absence, credit for seniority shallbe suspended and not accrue during the period of absence.

Notwithstanding this provision, seniority shall accrue for a period of thirty30) months if an employee' s absence is due to disability resulting in

WSIB or LTD benefits.

ii) Notwithstanding Article 12. 07 a) ( i), service and seniority will accrue for amaximum period of seventeen ( 17) weeks if an employee' s absence is

due to a pregnancy leave, and for a maximum of thirty-five ( 35) weeks ifan employee' s absence is due to a parental leave. In addition the

Employer will continue to pay its share of the premiums of the subsidized


16

employee benefits in which the employee is participating for up toseventeen ( 17) weeks from the commencement of the leave while the

employee is on pregnancy leave, and for up to thirty-five ( 35) weeks fromthe commencement of the leave while the employee is on parental leave,

unless the employee indicates that she does not intend to pay hercontributions.

b) The Employer agrees to provide, in response to an employee' s

request, his service and/ or anniversary date.

12. 08 Transfer Outside Of Bargaining Unit

An employee who is transferred to a position outside the bargaining unit for aperiod of greater than four (4) weeks and less than twelve ( 12) months or such

longer period as the parties may agree upon shall retain but not accumulateseniority held at the time of transfer. In the event the employee is returned to aposition in the bargaining unit within this time period he shall be credited with theseniority held at the time of transfer and shall resume accumulation from the dateof his return to the bargaining unit. Union dues will not be deducted for the

period of time an employee is outside the bargaining unit under this Article.

12. 09 Loss Of Seniority

An employee shall lose all service and seniority and shall be deemed to haveterminated if he:

a) Leaves of his own accord;

b) Is discharged and the discharge is not reversed through the grievance or

arbitration procedure;

c) Has been laid off without recall for twenty-four (24) months;

d) Is absent from scheduled work for a period of three ( 3) or more consecutive

working days without notifying the Employer of absence and providing areason satisfactory to the Employer;

e) Fails to return to work ( subject to the provisions of (d)) upon termination of an

authorized leave of absence without a satisfactory reason or utilizes a leaveof absence, without permission, for purposes other than that for which the

leave was granted;

f) Fails, upon being notified of a recall, to signify his intention to return to workwithin five ( 5) calendar days after he has received the notice of recall mailed

by registered mail to the last known address according to the records of theEmployer and fails to report for work within ten ( 10) calendar days after he


17

has acknowledged his intention to return to work or such further period of time

as may be agreed upon by the parties;

g) Retires.

ARTICLE 13 - LAYOFF AND RECALL/EMPLOYMENT STABILITY

13. 01 Attrition

It is understood that attrition can be used effectively as a redeployment strategy.The Employer agrees that, where possible, it will utilize attrition as a means of

reducing the workforce.

13. 02 For purposes of Layoff and Recall, this Article applies to Full-Time and Regular

Part-Time Employees only.

13. 03 Long Term Permanent Layoff

The Employer and the Union agree to work jointly to minimize any adverseeffects of a long term or permanent layoff ( greater than thirteen ( 13) weeks

duration) on employees, and maximize creative approaches that meet the

interests of both the Employer and the employees. Accordingly, in the event ofsuch a layoff the Employer shall:

a) Notify employees and the Union who are to be laid off with three ( 3) monthsprior to the effective date of the lay-off or award pay in lieu thereof, unless thesituation necessitating the lay-off is beyond the control of the Employer;

b) In the event of a layoff, employees shall be laid off in the reverse order of

seniority in their classification provided that employees who remain on the jobhave the qualifications and ability to perform the work.

c) To assist in this process layoff notices will contain, where possible, specific

information on bumping options.

d) After receipt of such written notice, affected employees will have a period of

up to ten ( 10) calendar days to indicate to the Employer their choice of

options as outlined in 13. 04. The Employer agrees to meet with the affected

employee( s) within ten ( 10) calendar days after it has received written

notification of the employee' s choice of entitlement, in order to verify his/ herchoice or to discuss alternatives.


18

13. 04 Entitlements

An employee who is subject to permanent or long- term layoff shall have thefollowing entitlements:

a) Accept the layoff and be placed on a recall list for twenty-four ( 24) monthsfrom the date the actual layoff begins.

b) Transfer to a vacant position provided she is qualified and able to perform the

work.

c) Displace an employee who has lesser bargaining unit seniority and who is theleast senior employee within her classification, identical paying classification,or lower paying classification whose job she is able to perform.

d) Accept the layoff, and thereafter, at the Employer' s option work out her notice

period or receive pay in lieu of notice and not be required to report for workduring the notice period. It is agreed and understood that during the period ofnotice the employee' s wages and benefits will be maintained as if she were at

work, and that her layoff will be deemed to have commenced at the end of the

notice period.

13. 05 Short Term Layoff

In the event of a proposed short-term layoff that is less than thirteen ( 13) weeks,the Employer shall provide to the Union and to the affected employees notice as

soon as possible. In giving such notice the Employer will indicate to the Union thereasons causing the layoff and the anticipated duration of the layoff. It is agreed

and understood that Regulation 327, Section 7 of the Employment Standards Actapplies. It is further agreed that notice to the Union and the employees may runconcurrently. An employee who is subject to layoff for a period not greater than

thirteen ( 13) weeks shall have the following entitlements:

a) accept the layoff and be placed on a recall list for thirteen ( 13) weeks. Duringthis period of layoff the employee may elect to receive some or all of his/ herearned vacation credits up to a maximum of the period of the layoff. It isunderstood that his/ her vacation bank and entitlement will be appropriatelyreduced for that vacation year; or

b) displace an employee within his or her classification who has lesser

bargaining unit seniority and who is the least senior employee within his orher classification, if the employee originally subject to layoff can perform theduties of the least senior employee in his or her classification without trainingother than orientation;


19

c) if the employee cannot displace an employee in ( b), the employee maydisplace an employee who has lesser bargaining unit seniority and who is theleast senior employee in a lower or identical paying classification, if the

employee originally subject to layoff can perform the duties of the least senioremployee in a lower or identical pay classification without training other thanorientation.

13. 06 Shift Cancellation

Where an employee has her shift cancelled, the employee shall not be entitled to

displace another employee.

13. 07 Recall

An employee shall have opportunity of recall from a layoff to an availableopening, in his or her former classification, or an equal paying classification thanthe one from which the employee was originally laid off, in order of seniority,provided she has the qualifications and ability to perform the work, before suchopening is filled on a regular basis under the job posting procedure. The postingprocedure in the Collective Agreement shall not apply until the recall process hasbeen completed. An employee who is recalled shall be credited with the seniorityshe had at the time of the layoff.

In determining the ability of an employee to perform the work for the purposes ofthe paragraphs above, the Employer shall not act in an arbitrary or unfairmanner.

13. 08 Length Of Recall Period

An employee recalled to work in a different classification from which he was laid

off, shall be entitled to return to the position/ classification he held prior to the

layoff should it become vacant within twenty-four (24) months of the layoff

provided the employee remains qualified and able to perform the duties of his

former position.

13. 09 Notification Of Recall Opportunities

The Employer shall notify the employee of recall opportunity by registered mail,addressed to the last address on record with the Employer ( which notification

shall be deemed to be received on the tenth ( 10th) day following the date ofmailing). The notification shall state the job to which the employee is beingrecalled and the date and time at which the employee shall report for work. The

employee is solely responsible for her proper address being on record with theEmployer.


20

13. 10 On The Job Training

Where there is an available opening which has not been filled in accordance withArticle 15, an employee who has either accepted a layoff or is under notice of

layoff and is unable to displace any other employee will be given an opportunityfor on- the-job retraining of up to two ( 2) months, subject to the staffingrequirements of the Employer, if, with the benefit of such 'retraining, the employeecould reasonably be expected to obtain the qualifications and/ or ability to performthe work. Such opportunities will be provided in order of seniority. During theperiod of on- the-job retraining the recall period will continue to apply from theoriginal date of layoff and will not be extended. If, following the period of on- the-job retraining, the employee has not obtained the qualifications and ability toperform the work; the employee will be returned to the recall list in accordance

with Article 13.

13. 11 Preference For Temporary Vacancies

Employees on the recall list shall be given preference for temporary vacanciesand as needed shifts. An employee will not accumulate service and senioritywhile working such shifts. Where an employee is recalled pursuant to Article 13she will receive credit for service and seniority for shifts worked under thisprovision. Acceptance of any shifts offered under this Article shall be on avoluntary basis.

13. 12 Continuance of Insured Benefits

In the event of a layoff of an employee, the Employer shall pay its share ofinsured benefits premiums for the duration of the agreed upon notice periodprovided for in Article 13.

If an employee elects salary continuance as their method of severance payment,they will remain eligible for Extended Health, Dental, Pension and Group LifeInsurance for the duration of the severance period.

An employee who remains on the recall list may continue to pay the full premiumcost of a benefit or benefits up to six (6) months following the end of the month inwhich the layoff occurs, save and except for Long Term Disability. Such

payment shall be made through the payroll office of the Employer provided thatthe employee informs the Employer of her intent to do so at the time of layoff,

and arranges with the Employer the appropriate payment schedule.

13. 13 Layoff By Part-Time Staff

No full time employee within the bargaining unit shall be laid off by reason of herduties being assigned to one or more part time employees.


21

13. 14 Displacement And Orientation

In the event an employee elects to displace another bargaining unit member withlesser seniority as outlined in Article 13. 04(c), the displacing employee will beassessed to determine if they have the requisite skills and abilities to perform theincumbent's position within a two ( 2) week orientation period.

ARTICLE 14— TECHNOLOGICAL CHANGE

The Employer undertakes to notify the Union as far in advance as possible, andin any event, as far as practical of any technological changes which the Employerhas decided to introduce, which will significantly change the employment statusof members of the bargaining unit.

The Employer agrees to discuss with the Union the effect of such technological

changes on the employment status of employees and to consider practical ways

and means of minimizing the adverse effect, if any, on employees concerned.

ARTICLE 15— JOB POSTING, PROMOTION, AND TRANSFER

15. 01 Posting Definition

In the event that the Employer elects to fill a vacant position or where the

Employer creates a new position in the bargaining unit it will physically andelectronically post the position. These vacancies shall be posted for a period ofseven ( 7) calendar days. Applications for such vacancies shall be made in writingwithin the seven ( 7) day period referenced herein. Notwithstanding the above,the Employer may fill at its own discretion vacancies:

a) That does not exceed three ( 3) months, subject to Article 15. 06;

b) And absences caused by:

illness;

accident;

pregnancy and parental leaves of absence;leave of absence not expected to exceed twelve ( 12) months;

vacation;

specific tasks not expected to exceed twelve ( 12) months.

In filling these vacancies, the Employer shall consider employees who haveexpressed an interest on the basis of the selection criteria as set out in Article

15. 03.


22

Employees selected to fill temporary vacancies agree not to apply for othertemporary positions while filling the temporary vacancy. Upon completion of thetemporary vacancy, the bargaining unit employee will be returned to his formerposition.

Employees newly hired to fill a temporary vacancy will not accrue seniority duringthe filling of such vacancy. If such employees successfully post into a permanentposition within the bargaining unit, prior to the end of their temporary assignment,they will be credited with seniority from their last date of hire. The release ordischarge of such employee at the completion of the temporary vacancy shall notbe the subject of a grievance or arbitration.

15. 02 Information To Be Contained In Postings

All posted vacancies shall include, for informational purposes: position,

department, classification, qualifications, and salary range. Such qualifications

may not be established in an arbitrary manner. A copy of the posted notice willbe sent to the Union.

15. 03 Filling Posted Vacancies

In filling posted vacancies the selection shall be made based on skill, ability,experience, relevant qualifications and aptitude to do the work requested. Where

these factors are relatively equal, bargaining unit seniority shall be the governingfactor.

15. 04 Successful Applicant

The name of the successful applicant will be sent to the Union.

15. 05 Promotion And Transfer Of Staff

In matters of promotion and staff transfer a successful bargaining unit applicantshall be allowed a trial period of up to three ( 3) months ( four hundred and fifty450) hours of work or six months whichever occurs first for employees whose

regular hours of work are other than full time). Within this period the employee

may voluntarily return, or be returned by the Employer, to the position formerlyoccupied, without loss of seniority. Should the employee return or be returned to

his former job, the filling of subsequent vacancies will be reversed. If the

employee is returned to her former position she shall be informed of the reasons

for such return.

15. 06 Temporary And Posted Vacancies

a) Employees in the bargaining unit selected to fill temporary vacancies neednot be considered for other temporary positions while filling the temporary


23

vacancy. Upon completion of the temporary vacancy, the bargaining unitemployee will be returned to her former position. Such employees shall

continue to accrue seniority while filling a temporary vacancy.

b) Temporary vacancies of three ( 3) months in duration or less need not be

posted. The position will be offered to a bargaining unit employee if there isan existing qualified bargaining unit employee. These three ( 3) month

vacancies will not be renewed and an employee shall not be offered such a

three ( 3) month vacancy while in such a three ( 3) month position or withinthirty ( 30) days of the conclusion of such a position. Prior to offering morethan one such vacancy to the same employee, the Employer shall makereasonable efforts to determine whether any other bargaining unit employeeis a suitable candidate and make an offer to such a candidate. The

Employer shall copy the Union on all offers of employment related to thesepositions.

15. 07 External Advertising

The Employer agrees that no external advertising for any positions will occur untilall internal applications have been considered and it has been determined that

none are qualified.

Notwithstanding the above, the Employer may simultaneously post internally andexternally for specialized, and skilled positions for which it is difficult to recruit.The Employer will not review any external applications until all internal

applications have been considered and it has been determined that no internal

applicants are qualified.

15. 08 Non- Bargaining Assignment

When an employee is temporarily assigned to a non- bargaining unit position for aperiod of four (4) weeks or less, he or she shall continue to pay dues to the Unionand continue to be covered by the Collective Agreement for the entire term of thetemporary assignment. It is understood that an employee on a short-term

temporary assignment will not be assigned the responsibilities of hiring,discharging, disciplining or evaluating any employees.

ARTICLE 16 — LEAVES OF ABSENCE

16. 01 Leave Without Pay

Written requests for a personal leave of absence without pay will be consideredon an individual basis by the Employer or Designate. Such requests are to besubmitted as far in advance as possible and a written reply will be given. Such


24

leave shall not be unreasonably withheld and is subject to operational

considerations.

16. 02 Union Business

The Employer shall endeavour to grant a leave of absence without pay but withno loss of credits for any member of the bargaining unit for the purpose ofattending conferences, schools, seminars, conventions or other such activitiesrelated to the Union where the Employer is provided with no less than fourteen

14) calendar days' notice of such absence. Not more than two ( 2) stewards are

permitted to be absent at the same time. Failure to provide such notice mayresult in the request being denied. If a difficulty arises with respect to thegranting of any particular request the Union may meet with the Director of HumanResources to attempt to resolve any staffing difficulty that may have arisen inconnection with such a request.

a) Union Position Leave — Full Time

When an employee is elected as the Union' s President or First Vice-

President ( Provincially) the Union will, immediately following such election,advise the Employer of the name of the employee so elected. Leave of

absence shall be granted from the employee' s place of employment for the

duration of the current term of office. The Union shall reimburse the

Employer the amounts paid on behalf of the employee, including pay andbenefits.

b) Executive Board Member

Where an individual of the bargaining units represented centrally by OPSEUis elected or appointed as an Executive Board Member, Executive Officer,

member of Mental Health Care Professionals Division Executive or as a

Membership Development Trainee, such individual shall be granted leave ofabsence for the time off required to exercise the duties of such appointment.

The Employer will be provided with as much notice as possible and in anyevent no less than fourteen ( 14) calendar days' notice. Such positions shall

be limited to one ( 1) member from the Unit.

c) The Employer Payment For Union Leave

For leaves of absence without pay for Union business under the terms of thisAgreement, the employee' s salary, and applicable benefits will be maintainedby the Employer and the Union will reimburse the Employer for the cost ofsalary and benefits. The Employer will bill the Union and the Union will

reimburse the Employer within a reasonable period of time. In addition, there

shall be no loss of seniority during such leaves of absence.


25

Employees who have been designated by the Union as members of theirLocal Bargaining Team will be granted a paid leave of absence for such timeas required for direct negotiations with the Employer up to and includingarbitration. In addition, there shall be no loss of seniority during such leavesof absence.

The Employer shall also release Bargaining Team members from duty forpreparation time provided that such leave does not interfere with the

continuous operation of the Unit. For the time spent in preparation, the

employee' s salary, credits and applicable benefits shall be maintained by theEmployer. Upon receipt of an itemized bill the Union shall reimburse the

Employer for the employees' salaries.

16. 03 Bereavement Leave

An employee shall be allowed a leave of four ( 4) consecutively scheduled

working days leave of absence without loss of regular pay from regularlyscheduled hours within the seven day calendar period commencing with the dayof death to attend a funeral, memorial service ( or equivalent), in the event of the

death of his or her spouse, mother, father, step- parent, son, daughter, step- child,brother, sister, mother-in- law, father-in- law, son- in- law, daughter-in- law, sister- in-law, brother-in- law, grandparent, and grandchild, and one ( 1) consecutively

scheduled working day for aunt, uncle, niece and nephew.

Spouse" for the purposes of bereavement leave will include a partner of the

same sex.

The Employer, in its discretion, shall extend such leave with or without pay.Furthermore, where an employee does not qualify under the above notedconditions, the Employer may, nonetheless, grant a paid bereavement leave.

16. 04 Jury And Witness Duty

a) Jury and Witness Duty - All Employees

If an employee is requested to serve as a juror in any court of law or isrequired by subpoena to attend as a witness in a court proceeding in whichthe Employer is a party, the employee shall not lose regular pay because ofnecessary absence from work due to such attendance, and shall not be

required to work on the day of such duty, provided that the employee:

i) informs the Employer immediately upon being notified that the employeewill be required to attend court or the coroner's inquest;

ii) presents proof of service requiring the employee's attendance; and


26

iii) promptly repays the Employer the amount ( other than expenses) paid tothe employee for such service as a juror or for attendance as such

witness.

b) Court of Law/Coroner's Inquest - Full Time Employees

Where an employee is required by subpoena to attend a Court of Law orCoroner's Inquest, in connection with a case arising from the employee'sduties with the Employer, on his regularly scheduled day off or during hisregularly scheduled vacation, the Employer will attempt to reschedule the

employee's regular day off or vacation period, it being understood that anyrescheduling shall not result in the payment of any premium pay. If the

Employer fails to reschedule such employees, the Employer shall arrange lieu

time off work for all days the employees would otherwise be off work had it

not been for the attendance at Court or the Coroner's Inquest.

c) Court of Law/Coroner's Inquest - Part Time Employees

Where a part-time employee is required by subpoena to attend a court of lawor Coroner's inquest, in connection with a case arising from the employee'sduties with the Employer, on his regularly scheduled day off, he shall receiveregular pay as if he had been scheduled to work the day.

16. 05 Pregnancy And Parental Leave

a) Pregnancy Leave

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

Article 16. 05 ( a) ( ii) is applicable to full-time employees and regular

part-time employees only)

ii) Effective on confirmation by the Employment Insurance Commission of theappropriateness of the Hospital' s Supplemental Unemployment Benefit

SUB) plan, and retroactive to date of confirmation by the EmploymentInsurance Commission, an employee who is on pregnancy leave asprovided under this agreement and who is in receipt of Employment

Insurance pregnancy benefits pursuant to Section 22 of the EmploymentInsurance Act, 1996, shall be paid a supplemental unemployment benefit.

That benefit will be equivalent to the difference between eighty-fourpercent ( 84%) of her regular weekly earnings and the sum of her weeklyEmployment Insurance pregnancy benefits during her leave and any otherearnings. Such payment shall commence following completion of thetwo week Employment Insurance waiting period, and receipt by theHospital of the employee's Employment Insurance cheque stub as proof


27

that she is in receipt of Employment Insurance pregnancy benefits, andshall continue while the employee is in receipt of such benefits, for a

maximum period of fifteen ( 15) weeks for a pregnancy leave. The

employee' s regular weekly earnings shall be determined by multiplying herregular hourly rate on her last day worked prior to the commencement ofthe leave times her normal weekly hours.

This provision only applies to employees with at least thirteen ( 13) weeksof continuous service with the Employer prior to the commencement of the

pregnancy leave.

The employee does not have any vested right except to receive paymentsfor the covered unemployment period. The plan provides that payment in

respect of guaranteed annual remuneration or in respect of deferred

remuneration or severance pay benefits are not reduced or increased bypayments received under the plan.

iii) Transfer of Pregnant Employees

Pregnant employees may request to be transferred from their currentduties if, in the professional opinion of the employee's physician the

pregnancy may be at risk. If such a transfer is not feasible, the pregnant

employee, if she so requests, will be granted an unpaid leave of absence

before commencement of the current contractual maternity leave

provisions.

iv) The Employer shall continue to pay the percentage in lieu of benefits forpart-time employees based on the employee's normal weekly hours forthe full duration ( to a maximum of seventeen ( 17) weeks) of the

Pregnancy Leave.

b) Parental Leave

i) Parental leaves will be granted in accordance with the provisions of the

Employment Standards Act, except where amended in this agreement.

Article 16. 05 ( b) ( ii) is applicable to full-time employees and regular

part-time employees only)

ii) Effective on confirmation by the Employment Insurance Commission of theappropriateness of the Hospital' s Supplemental Unemployment Benefit

SUB) plan, and retroactive to date of confirmation by the EmploymentInsurance Commission, an employee who is on parental leave as provided

under this agreement and who is in receipt of Employment Insuranceparental benefits pursuant to Section 23 of the Employment Insurance Act,

1996, shall be paid a supplemental unemployment benefit. That benefit


28

will be equivalent to the difference between eighty-four per cent ( 84%) of

her regular weekly earnings and the sum of her weekly EmploymentInsurance parental benefits during her leave and any other earnings.Such payment shall commence following completion of the two weekEmployment Insurance waiting period, and receipt by the Employer ofthe employee' s Employment Insurance cheque stub as proof that she is in

receipt of Employment Insurance parental benefits, and shall continue

while the employee is in receipt of such benefits, for a maximum period of

ten ( 10) weeks for a parental leave. The employee' s regular weeklyearnings shall be determined by multiplying her regular hourly rate

on her last day worked prior to the commencement of the

parental leave times her normal weekly hours.

This provision only applies to employees with at least thirteen ( 13) weeks

of continuous service at the hospital prior to the commencement of the

parental leave.

The employee does not have any vested right except to receive paymentsfor the covered unemployment period. The plan provides that payment inrespect of guaranteed annual remuneration or in respect of deferred

remuneration or severance pay benefits are not reduced or increased bypayments received under the plan.

iii) ( Applicable to full- time employees only)

Where an employee has become a natural father or has qualified to adopt

a child, such employee may be entitled to extend the parental leave upto an aggregate of six ( 6) months without pay. Such employee

shall advise the Employer as far in advance as possible of their qualifyingto adopt, and shall request the leave of absence in writing upon receipt ofconfirmation of the pending adoption. Such request for an extension ofthe parental leave shall not be unreasonably withheld.

It is understood that during any such extension of the parental leave,credit for service or seniority for the purposes of salary increments,vacations, sick leave, or any other benefits under any provisions of thecollective agreement or elsewhere shall be suspended during such leaveand the employee' s anniversary date adjusted accordingly. In addition,

the employee will become responsible for full payment of subsidized

employee benefits in which she is participating for the period of theabsence.

Applicable to part-time employees only)

Where an employee has become a natural father or has qualified to adopt

a child, such employee may be entitled to extend the parental leave up


29

to an aggregate of six ( 6) months without pay. Such employee

shall advise the Employer as far in advance as possible of their qualifyingto adopt, and shall request the leave of absence in writing upon receipt ofconfirmation of the pending adoption. Such request for an extension

of the parental leave shall not be unreasonably withheld.

It is understood that during any such extension of the parental leaveseniority and service do not accumulate.

iv) The Employer shall continue to pay the percentage in lieu of benefits forpart-time employees based on the employee' s normal weekly hours for aperiod of up to ten ( 10) weeks while the employee is on parental leave.

16. 06 Education Leave

a) Where the Employer directs and the employee agrees to take an educational

course to upgrade or acquire new employment qualifications such employees

shall not lose regular pay because of necessary absence from work due toparticipation in such course. The Employer shall pay the full cost of thecourse in advance. The employee may apply to the Employer for areasonable advance to cover additional costs associated with the course.

b) Leave of absence of up to one ( 1) day without loss of pay shall be granted toallow employees time to write examinations for courses approved by theEmployer. Employees shall advise the Employer four (4) weeks in advance in

writing of the time, place and approximate duration of the examination forwhich time off is being requested.

16. 07 Personal Leave

a) Written requests for a personal leave of absence without pay will beconsidered on an individual basis by the employee's Department Head or herdesignate. Such requests are to be submitted as far in advance as possible

and a written reply will be given. Such leave shall not be unreasonablywithheld.

b) Employees are entitled to unpaid Personal Emergency Leave or FamilyMedical Leave in accordance with the provisions of the Employment

Standards Act as amended from time to time. In doing so, the employee mustprovide her immediate supervisor with the reason and duration of the time

being requested under such provision. For additional information, employeesmay contact the Human Resources Department and/ or Union Representative.


30

16. 08 Military Leave

An employee may be granted unpaid leave without loss of service or seniority forthe purpose of fulfilling his or her minimum training requirements to maintain theirstatus in the Canadian Reserve Force. Such leave shall not exceed two (2)

weeks per calendar year. Requests must be made. in writing and will beconsidered on an individual basis by the Employee' s Department Head ordesignate. Such requests are to be submitted as far in advance as possible.

Any requests for military leaves exceeding two ( 2) weeks may be considered onan individual basis and if approved, service and seniority will continue to accruefor the duration of the leave.

ARTICLE 17 —SICK LEAVE/SHORT TERM DISABILITY AND LONG TERM

DISABILITY FULL-TIME EMPLOYEES ONLY

17. 01 The Employer shall provide a short-term sick leave plan at least equivalent to

that described in the 1992 Hospitals of Ontario Disability Income Plan ( HOODIP)brochure.

Copies of the HOODIP brochure will be made available to employees uponrequest.

17. 02 The Employer will pay seventy-five percent ( 75%) of the billed premium towards

coverage of eligible employees under the long term disability plan ( HOODIP orequivalent); employees shall pay the balance of the billed premiums throughpayroll deduction.

No sick pay benefit is payable under HOODIP for the first fifteen ( 15) hours of

absence for the sixth ( 6th) and subsequent period( s) of absence in the same

fiscal year (April 1 st through March 31 st)

a) Any dispute which may arise concerning an employee' s entitlement to short-term or long- term benefits under HOODIP may be subject to grievance andarbitration under the provisions of the Agreement.

b) If a claim for long- term disability is denied, the employee must fully complywith the carrier's Medical Appeal Process prior to filing a grievance, providedthat the Process is completed within sixty ( 60) days of its inception, unlessthat time is extended by mutual agreement of the Employer and OPSEU.


31

17. 03 Long- Term Disability

The Employer shall provide a long- term sick leave plan at least equivalent to thatdescribed in the 1992 Hospitals of Ontario Disability Income Plan ( HOODIP)

brochure.

17. 04 Workplace Illness/ Injury

If an employee is injured on the job and his supervisor excuses him from further

duty for the balance of his shift, the employee' s regular rate of pay shall continuefor the balance of that shift and there shall be no deductions from sick leave orother credits.

Where an employee is absent by reason of an injury or an occupational diseasefor which an award is made under the Workplace Safety and Insurance Act, theemployee shall not be entitled to a leave of absence with pay under the terms ofthe Short Term Disability Plan nor will they be allowed to utilize any credits toenhance their W.S. I. B.

A full- time employee who is absent from work as a result of an illness or injurysustained at work and who has been awaiting approval of a claim for Worker' sCompensation for a period longer than one complete shift may apply to theEmployer for payment equivalent to the lesser of the benefit the employee would

receive from Worker's Compensation if the employee's claim was approved, or

the benefit to which the employee would be entitled under the short term

disability plan. Payment will be provided only if the employee provides evidenceof disability satisfactory to the Employer and a written undertaking satisfactory tothe Employer that any payments will be refunded to the Employer within thirty30) days following final determination of the claim by Worker's Compensation is

not approved, the monies paid as an advance will be applied toward the benefits

to which the employee would be entitled under the short term portion of the

disability income plan. Any amount owed by the employee to the Employer thatis not repaid within the above thirty (30) days may be deducted from theemployee's subsequent paycheque(s) by way of a mutually agreeable repaymentplan until the payment is made in full. Any payment under this provision willcontinue for a maximum of fifteen ( 15) weeks.

17. 05 Medical Certificate

The Employer shall provide reimbursement for such medical certificate( s) as it

may require from time-to-time to certify an employee' s illness or ability to returnto work. The cost of Medical Certificates will be reimbursed by the Employerupon provision of a receipt, subject to reasonableness of such receipt.


32

ARTICLE 18 - HOURS OF WORK AND OVERTIME

18. 01 Work Week And Work Day/Overtime

The normal or standard workday will be seven and a half (7. 5) hours; the normalfull-time hours of work are thirty-seven and a half (37. 5) hours per week.

Failure to provide 12 hours between the completion of an employee's scheduled

shift and the commencement of such employee' s next scheduled shift shall result

in payment of one and one- half ( 1 1/ 2) times the employee's regular straight timehourly rate for only those hours which reduce the 12 hour period. Where the 12

hour period is reduced as a result of an approved change of shift(s) requested bythe employee(s), such premium payment shall not apply.

18. 02 Rest Periods

Employees shall be entitled, subject to the requirements of client care, to relief

periods during the shift on the basis of fifteen ( 15) paid minutes for each half

shift.

18. 03 Overtime Definition

Overtime shall be defined as being all hours worked in excess of the normal orstandard work day, or in excess of the normal or standard work week. The

overtime rate shall be one and one- half ( 1 '/ 2) times the regular straight time

hourly rate of pay.

Any hours worked over forty-four (44) hours in a week will be paid at overtimerates. The overtime rate shall be one-and-one- half ( 1 '/ 2) times the regular

straight time hourly rate of pay.

In the assignment of overtime, the Employer agrees to develop, with the Union,methods of distributing overtime that are fair and equitable after having ensuredthat all its operational requirements are met.

18. 04 Days Off

There shall be two ( 2) consecutive days off per week, which shall be referred to

as scheduled days off, except that days off may be non- consecutive if agreedupon between the employee and the Employer.

18. 05 Scheduling Part Time And Casual Employees

The Employer agrees to ensure that available hours of work will be distributed in

a fair and equitable manner to part time and casual employees.


33

ARTICLE 19 — PREMIUM PAYMENTS / TRANSPORTATION / MEAL ALLOWANCE

19. 01 Standby Time/On- Call

An employee required to be on standby and remain available for callback dutyon other than regular scheduled hours shall be paid at the rate of three dollars

and thirty cents ($ 3. 30) per hour of standby time. Where such standby falls onany of the designated holidays listed in the Collective Agreement, the employeeshall be paid at a rate of three dollars and seventy cents ($ 3. 70) per hour of

standby time. Hours worked for callback shall be deducted from hours for which

the employee receives standby pay. Employees on standby/call back outside ofregular working hours must make themselves available at all times to receive acall and immediately thereafter return to the workplace if necessary.

19. 02 Shift Premium

An employee shall be paid a shift premium of two dollars and ten cents ($ 2. 10)

per hour for each hour worked which falls within the normal hours of the eveningshift ( 1530 — 2330). Two dollars and fifty cents ($ 2. 50) per each hour worked

which falls within the normal hours of the night shift ( 2330 — 0730) provided that

such hours exceed two ( 2) hours if worked in conjunction with the day shift. Shift

premium will not form part of the employee's straight time hourly rate.

19. 03 Weekend Premium

An employee shall be paid a weekend premium of two dollars and sixty-five cents2. 65) per hour for each hour worked between 2330 hours Friday to 2330 hours

Sunday.

19. 04 Transportation Allowance

When an employee is required as part of their job duties to travel within the

immediate City of Dryden area, they will be reimbursed per the Employersexpense Reimbursement Policy.

19. 05 Responsibility Pay

Where an employee is assigned to perform the duties and assume the

responsibilities of the ' Responsible Person', for one full shift or more, he shall be

paid a premium of $ 1. 00 per hour for the duration of the assignment. It is

understood that an employee assigned as the ` Responsible Person' on the shift

will not be assigned the responsibilities of hiring, discharging, disciplining orevaluating any employees


34

19. 06 Change Of Schedule

a) Shift schedules shall be posted at least two (2) months in advance.

b) ( Applicable to full-time employees only)

Where an employee' s schedule is changed by the Employer with less thantwenty-four ( 24) hours notice, she shall receive time and one- half ( 11/2) of

her regular straight time hourly rate for all hours worked on her next shift

c) (Applicable to regular part-time employees only)

Where a regular part-time employee' s scheduled shift is cancelled by theEmployer with less than twenty-four (24) hours notice, she shall receive timeand one- half ( 1'/) of her regular straight time hourly rate for all hours

19. 07 No Pyramiding

Premium payment ( including both overtime and holiday premium payment) shallbe calculated and paid under one provision of this Agreement only, even thoughhours worked may be premium payment hours under more than one provision. Insuch circumstances the highest premium will be applied. The provision of this

clause will not negate any entitlement to shift premium, callback, standby, orweekend premium.

ARTICLE 20 - PAID HOLIDAYS

20. 01 Statutory Days

a) Full Time Employees

An employee shall be entitled to the following paid holidays each year:

New Year's Day August Civic HolidayFamily Day Labour DayGood Friday Thanksgiving DayVictoria Day Remembrance DaySecond Monday in June Christmas DayCanada Day Boxing Day

Holiday pay will be computed on the basis of the employee's regular straighttime hourly rate of pay times the number of hours for a normal workday as setout in Article 18.


35

An employee required to work on any of the designated holidays listed inArticle 20 ( Paid Holidays) of this Collective Agreement shall be paid at the

rate of time-and- one- half ( 1 ' h) his regular straight time rate of pay for allhours worked on such holiday. In addition, he will receive a lieu day off withpay in the amount of his regular straight time hourly rate of pay times thenormal workday as set out in Article 18. These employees shall not havemore than three ( 3) Statutory Holidays banked at any particular time. Anyexcess will be paid out quarterly.

b) Part Time Employees

Part-time and casual employees who work on any of the twelve ( 12) paid

holidays shall be entitled to premium pay as determined in this agreement.

20.02 Lieu Time For Stat Days

When any of the above holidays coincides with an employee' s scheduled day offand she does not work on that day, the employee shall be entitled to receive anadditional day off with pay. Such day will be taken at a mutually agreeable timewithin three ( 3) months. Failing agreement such time will be paid out at the rate itwas earned. These employees shall not have more than three (3) StatutoryHolidays banked at any particular time. Any excess will be paid out quarterly

20. 03 Overtime Premiums

a) Full Time Employees

An Employee required to work overtime on any of the foregoing holidays shallbe paid at the rate of time and one half ( 1 1/) the employee' s regular straight

time hourly rate of pay for all hours worked on such holiday except that wherean employee is required to work overtime on such a shift, she shall be paid at

the rate of two ( 2) times her regular straight time hourly rate. In addition theemployee will receive a lieu day off with pay, such day to be taken at amutually agreeable time within three ( 3) months. Failing agreement such timewill be paid out at the rate it was earned.

b) Part Time Employees and Casual Employees

An employee scheduled to work on any of the foregoing holidays shall bepaid at the rate of time and one half ( 1 '/ 2) the employee' s regular straight time

hourly rate of pay for all hours worked on such holiday except that where anemployee is required to work overtime on such a shift, she shall be paid at the

rate of two (2) times her regular straight time hourly rate.


36

20. 04 Sick Pay On Stat Days- Full Time Only

An employee who qualifies to receive pay for any holiday will not be entitled, inthe event of illness, to receive sick pay in addition to holiday pay in respect of thesame day.

20. 05 Eligibility.For Stat

Employees shall qualify for holiday pay provided they have worked their lastscheduled work day or shift immediately prior to the holiday and their firstscheduled work day or shift immediately after the holiday, unless they have beenexcused from doing so by the Employer or, in cases of absence due to sicknessor accident, confirmed by a medical certificate if requested.

The Employer will not be responsible to pay for any statutory holiday paymentswhich occur within the time period for which its insurance carrier is responsible

for payment.

20. 06 Identified Religious Holidays

Subject to approval, employees who celebrate identified religious holidays other

than those in Article 20. 01 above are entitled to:

a) an unpaid personal leave, or;

b) accrued vacation or lieu time.

20.07 Vacation And Paid Holidays

If a paid holiday falls during an employee' s vacation, or on an employee' s regularday off, the employee will receive an additional day off with pay, to be taken at amutually agreeable time arranged between the employee and her supervisor.

ARTICLE 21 - VACATIONS AND VACATION CREDITS

21. 01 ( Applicable to full- time employees only)

All employees who have completed less than one ( 1) year of continuous service

shall be entitled to a vacation on the basis of 1. 25 days per month for each

completed month of service with pay in the amount of six per cent (6%) of gross

earnings.

All employees shall receive three ( 3) weeks' vacation after one ( 1) year of

continuous service, and four ( 4) weeks' vacation after three ( 3) years of

continuous service.


37

All employees shall receive five ( 5) weeks' vacation after thirteen ( 13) years of

continuous service.

All employees shall receive six ( 6) weeks' vacation after twenty-two ( 22) years ofcontinuous service.

All employees will receive seven ( 7) weeks' vacation after twenty-eight (28) yearsof continuous service.

21. 02 (Applicable to regular part-time employees only)

All regular part-time employees shall be entitled to vacation pay based upon theapplicable percentage provided below in accordance with the vacation

entitlement of full- time employees of their gross salary for work performed in thepreceding year.

FULL TIMEVACATION

PART-TIMEPART TIME

INCREMENTENTITLEMENT

INCREMENTVACATION

FT) PAY

Less than 1 year

continuousmonth

hours of continuous 6/ o1. 25 days per

less than 1, 6500

service service

After 1 year of 3 weeksAfter 1650 hours of

continuous 1. 25 days percontinuous service

6%

service month

After 3 years of 4 weeks

continuous 1. 67 days perAfter 4, 950 hours of

8%

service month) continuous service

After 13 years of 5 weeks After 21, 450 hours

continuous 2. 08 days per of continuous 10%

service month) service

After 22 years of 6 weeks After 36, 300 hours



After 28 years of 7 weeks After 46,200 hours



Equivalent years of service shall be used to determine vacation pay entitlement.

Equivalent years of service shall be calculated on the basis of one ( 1) year of

service for each 1650 hours worked.

Notwithstanding this provision, the calculation of service for purposes of vacationentitlement will include service accrued during a pregnancy leave or parental


38

leave on the basis of seniority accrual during such leaves in accordance withArticle 16. 05 of the agreement.

Part-time employees have the option of requesting all or part of the equivalentunpaid vacation time off in calendar weeks. There will be no carry-over of unpaidvacation time.

Note: Employees who have received the four (4) week level, but have not

reached that level via seniority with OPSEU will be red circled until such a timetheir vacation level matches the OPSEU collective agreement

21. 03 Should an employee terminate with less than two (2) weeks' notice of

termination, the vacation pay requirements of the Employment Standards Act willapply.

21. 04 Termination And Vacation Pay Out

If, for any reason, employment is terminated and vacation taken exceeds

vacation entitlement the overpayment is to be repaid by the employee to theEmployer. Unused vacation credits will be paid out to the employee.

21. 05 Bereavement Leave During Vacation

Where an employee' s scheduled vacation is interrupted due to a bereavement

situation, the employee shall be entitled to substitute bereavement leave as perArticle 16. 03.

21. 06 Vacation Schedules

a) Requests for vacation time from June 1st to November 30th shall be

submitted by March 1st. The Employer shall approve or deny vacationrequests as soon as possible but no later than April 15th. The final copy of theapproved vacation schedule will be posted by May 1st.

b) Requests for vacation time from December 1 st to May 31 st shall be submittedby September 1st. The Employer shall approve or deny vacation requests assoon as possible but no later than October 15th. The final copy of theapproved vacation schedule will be posted by November 1st.

c) Subject to the foregoing, vacation requests received after March 1st or

September 1st, other than resubmissions of denied vacation, will be

considered on the basis of date of receipt. In the event of a dispute, senioritywill prevail. The Employer will respond to the employee within two ( 2) weeks.

d) Once an employee has indicated a preferred vacation period, she or he maynot exercise seniority rights to change this stated period. Posted vacation


39

time shall not be changed without mutual consent of the employee and the

Employer.

21. 07 Interrupted Vacation

Where an employee's scheduled vacation is interrupted due to serious illness or

injury, which commenced prior to and continues into the scheduled vacationperiod, the period of such illness shall be considered sick leave.

Where an employee' s scheduled vacation is interrupted' due to a serious illness

requiring the employee to be an in- patient in a hospital, the period of such

hospitalization shall be considered sick leave.

The portion of the employee's vacation which is deemed to be sick leave under

the above provisions will not be counted against the employee' s vacation credits.

ARTICLE 22 — HEALTH AND WELFARE BENEFITS

22. 01 Insured Benefits

a) The amount of and eligibility for benefits referred to in this Article andSchedule " B" are subject to the terms and conditions of the policy or policiesof insurance providing such benefits. Any dispute as to entitlement tobenefits provided under the policy or policies of insurance is between theemployee and Insurer. It is understood that the Employer's obligation under

this Article is restricted to the payment of the appropriate premiums.

b) A summary of the Insured Benefits is attached as Schedule " B". In the event

that the Employer changes insurance carriers, the insured benefits provided

by the new policy will offer comparable coverage with those set out inSchedule " B".

The Employer agrees to continue health and dental coverage for employees

who are on short term or long term disability. Any premium sharing shall beat the same percentage as for active employees.

22. 02 Benefits On Sick Leave

The Hospital will pay the employer portion of the benefit premiums while anemployee is on sick leave, including the EI period prior to the commencement oflong term disability and LTD, to a maximum of thirty ( 30) months from the datethe absence began.


40

22. 03 Change Of Carrier

It is understood that the Employer may at any time substitute another carrier forany Plan ( other than OHIP) provided the benefits are equivalent and are neitherreduced or increased. The Employer shall provide to the Union full specifications

of the benefit programs contracted for before implementation of any change.

22. 04 Hospitals Of Ontario Pension Plan ( HOOPP)

All present full- time employees enrolled in HOOPP shall maintain their enrolment

in the plan subject to its terms and conditions. Full time employees must join the

plan on the first day of employment with the Employer, or upon becoming a fulltime employee. Part-time and casual employees can join into the HOOP Plan

after they have worked a minimum of 700 hours or earned at least 35% of the

year's maximum pensionable earnings (YMPE).

22. 05 Part-Time/Casual Benefits

All employees not employed on a regular full- time basis shall receive 13% of their

gross wages earned ( 9% if a member of the HOOPP) in lieu of fringe benefits.

22. 06 Benefits Information

The Employer shall provide each employee with access to information booklets

outlining all of the current provisions in the benefit plans offered to theemployees.

The Employer shall notify the Union of the name(s) of the carrier(s) which

provides the benefit plans offered to employees. The Employer shall also providethe Union with access to all current information booklets provided to theemployees.

ARTICLE 23 — MODIFIED WORK

23. 01 In order to facilitate a safe return to work, in compliance with the Workplace

Safety and Insurance Act, the Ontario Human Rights Code, the collective

agreement and other applicable legislation, the parties will provide fair and

consistent practices to accommodate employees who are ill, injured or

permanently disabled.


41

ARTICLE 24 - CONTRACTING OUT

The Employer shall not contract out work usually performed by members of thebargaining unit if, as a result of such contracting out, a layoff of any employeesother than Casual employees results from such contracting out.

ARTICLE 25 — COMPENSATION

25. 01 New Classifications

When a new classification in the bargaining unit is established by the Employer,or the Employer makes a substantial change in the job content of an existingclassification, the Employer shall advise the Union of such new or substantiallychanged classification and the rate of pay which is established. Within thirty ( 30)calendar days of such advice, the Employer agrees to meet with the Union to

permit the Union to make representations with respect to the appropriate rate of

pay, providing any such meetings shall not delay the implementation of the newor substantially changed classification. Where the Union challenges the rate

established by the Employer and the matter is not resolved following the meetingwith the Union, the matter may be referred to arbitration in accordance with thearbitration provisions contained in this collective agreement, it being understoodthat any arbitration board shall be limited to establishing an appropriate ratebased on the relationship existing among other classifications within the Hospitaland the duties and responsibilities involved. It is further understood and agreed

that when determining the appropriate rate, primacy must be given to therelationship between job classifications covered by this collective agreement andthat such relativity must be maintained. Each change in the rate established bythe Employer either through meetings with the Union or by an Arbitrator shall beretroactive from the time at which the new or substantially changed classificationwas first filled.

25. 02 Grid Progression - Full Time Employees Only

Full- time employees will progress annually on the salary grid on their anniversarydate

25.03 Grid Progression - Part Time/Casual Employees Only

Part-time employees will accumulate service for purposes of progression on the

salary grid, on the basis of one year of service for each 1950 hours worked.Notwithstanding this provision, the calculation of service for purposes of

progression on the salary grid will include service accrued during a pregnancyleave or parental leave on the basis of seniority accrual during such leaves inaccordance with Article 12 of the agreement.


42

25. 04 Pay Grades

The Employer shall pay salaries and wages as set out in Schedule "A." attached

hereto and forming part of this Agreement.

25. 05 Changes To Existing Classification

The Employer will not eliminate existing classifications without prior notice to theUnion. If any disagreement arises out of the elimination of classifications suchdisagreement may be grieved within the timelines outlined in Article 10.

An employee who alleges their position is improperly classified shall discuss theirclaim with their supervisor. An employee will have the right to grieve within the

timelines outlined in Article 10 of the collective agreement.

ARTICLE 26 — MODEL SCHEDULING AGREEMENTS AND PRE-PAID LEAVE

26.01 Extended Tours

Where the Employer and the Union agree, subject to the approval of the Ministryof Labour, other arrangements regarding hours of work may be entered intobetween the parties on a local level with respect to tours beyond the normal or

standard work day. The model agreement with respect to extended tour

arrangements is set out below:


43

MODEL AGREEMENT WITH RESPECT TO EXTENDEDTOUR ARRANGEMENTS

MEMORANDUM OF AGREEMENT

Between:

Dryden Regional Health Centre

And:

The Ontario Public Service Employees Unionand its Local 727)

Where the Employer approves the implementation of an Extended Tour schedule

the following provisions shall apply:

Article 1 — Work Unit and Employees Covered

1. 1 All full-time, part-time and casual employees falling within the bargaining unit,as a condition of employment, be required to work extended tours on a

rotating basis in accordance with the Unit' s posted schedule.

1. 2 Implementation

Sixty-six and two thirds ( 66 2/ 3) of the full- time staff on the unit must indicateby secret ballot their willingness to participate prior to the commencement ofthe test. In order to facilitate the voting process, the manager of the unitplanning to implement an extended tour schedule will notify the Union thatsuch a vote needs to occur.

The test period shall be for six months after which full time staff will again

indicate by a sixty-six and two thirds (66 2/ 3) vote by secret ballot their desireto continue or discontinue extended tours.

Article 2 - Hours of Work

2. 1 The normal or standard extended workday shall be 11. 25 hours in any 24hour period.

2. 2 Normal tour hours will be from 0700 — 1900 and 1900 — 0700 (with an

attached schedule)


44

2. 3 Failure to provide 12 hours between the completion of an employee's

scheduled shift and the commencement of such employee's next scheduled

shift shall result in payment of one and one- half ( 1 Y2) times the employee' s

regular straight time hourly rate for only those hours which reduce the 12hour period. Where the 12 hour period is reduced as a result of an

approved change of shift(s) requested by the employee(s), such premium

payment shall not apply.

Article 3 — Overtime

3. 01 Overtime shall be defined as being all hours worked in excess of the normalor standard extended work day, as set out in Article 2. 1 of the ModelAgreement or in excess of the normal or standard work week as set out in

Article 18 of the collective agreement.

3. 02 For purposes of overtime the hours of work per week shall be averagedover 6 weeks.

Article 4 - Rest Periods and Meal Periods

Extended tours:

D fifteen ( 15) minutes paid —thirty (30) minutes unpaid —fifteen ( 15) minutes

paid — thirty (30) minutes (fifteen ( 15) minutes paid, fifteen ( 15) minutesunpaid)

N fifteen ( 15) minutes unpaid —fifteen ( 15) minutes paid —thirty (30) minutesunpaid —thirty (30) minutes paid.

Article 5 - Sick Leave and Long Term Disability (Applicable to Full TimeEmployees Only)

5. 01 The short-term sick leave plan will provide payment for the number of hours

of absence according to the scheduled tour to a total of 562. 5 hours. Allother provisions of the existing plan shall apply mutatis mutandis.

Article 6 - Paid Holidays (Applicable to Full Time Employees Only)

6. 01 Holiday pay will be computed on the basis of the employee' s regular straighttime hourly rate of pay times the number of hours for a normal or standardworkday as set out in Article 18. 01.

6. 02 An employee required to work on any of the designated holidays listed inArticle 20 ( Paid Holidays) of this Collective Agreement shall be paid at the

rate of time-and- one- half ( 1 '/ 2) his regular straight time rate of pay for allhours worked on such holiday. In addition, she will receive a lieu day off with


45

pay in the amount of her regular straight time hourly rate of pay times sevenand a half (7. 5) hours.

Article 7 - Vacation

7. 01 ( Applicable to Full Time Employees only)

Vacation entitlement as set out in Article 21 ( Vacations) will be converted to

hours on the basis of the employee's normal workweek.

7. 02 ( Applicable to Part Time Employees only)

Payment as set out in Article 21. 02 of the Collective Agreement.

Article 8 — Bereavement Leave

The Employer agrees in principle that there shall be no proration of bereavement

or any other paid leave of absence that the Employer directly provides paymentfor.

Article 9 —Term

This Agreement shall be May 27th, 2014 — March 31 st, 2017. Either party may,on written notice of six (6) weeks to the other party, terminate this Agreementnotwithstanding the above-specified term.

Dated this day of 20_.

For the Union For the Employer


46

ARTICLE 27 - WORK OF THE BARGAINING UNIT

27. 01 Definition

Supervisors or Managers excluded from the bargaining unit shall not performduties normally performed by members in the bargaining unit, which shall directlycause or result in the layoff, loss of seniority or service or reduction in benefits tomembers in the bargaining unit.

ARTICLE 28— GENERAL

28. 01 Printing Of Collective Agreement

The parties shall share equally the cost of printing the Collective Agreement, anddistribute sufficient copies to the employees.

28.02 Bulletin Boards

The Employer shall provide protected bulletin boards in easily accessible areasin the Unit for the posting of Union notices. It is understood that materials postedwill be approved in advance of posting by the Union Unit Steward.

28.03 Job Specifications

The Employer shall provide current job descriptions of all existing and newclassifications in the Bargaining Unit to the Union. Every employee shall havethe right to obtain a copy of his or her job description upon request.

28.04 Information To Local Union

The Employer agrees to provide all information required to assist the Local Union

in representing the members of the bargaining unit including:

a) The Unit Steward shall be advised of all hires, changes in classification,

transfers between departments, terminations, and leaves greater than thirty30) days.

b) The Unit Steward shall receive annually a list containing the names of allbargaining unit employees, their salary rates and job classification.

28. 05 Damage To Personal Property

In the event an employee' s personal belongings are damaged or destroyed in the

course of assigned duties, the Employer may reimburse the value of, replace orrepair such belongings subject to investigation and approval of the Director.


47

ARTICLE 29 - DURATION AND RENEWAL

This agreement shall continue in effect until the 31st of March, 2017 and shall

continue automatically thereafter for annual periods unless either party gives tothe other party notice in writing within ninety (90) days prior to the expiry date ofthis Agreement of its desire to terminate or amend this Agreement

IN WITNESS WHEREOF the parties have caused their names to be subscribed by theirduly authorized officers and representatives.

hDATED at Dryden, Ontario, this day of Lk e 2016.

v

FOR THE EMPLOYER F THE UNION

A 6L


48

SCHEDULE A - WAGE SCALE

Recovery Worker

April 1, 2015 April 1, 2016

Start Rate 23. 13 $ 23.29

Year 1 23.29 $ 23.45

Year 2 23.45 $ 23.62

Year 3 23.62 $ 23.78

Year4/Top Rate $ 24.28 $ 24.45

Crisis Worker/ Crisis Worker (Mobile Responder)

April 1, 2015 April 1, 2016

Start Rate 23.59 $ 23.76

Year 1 23. 76 $ 23. 92

Year 2 23.92 $ 24. 09

Year 3 24.09 $ 24. 26

Year4/ Top Rate $ 24. 81 $ 24. 98

Crisis Worker (Mobile Responder) - Premium Payment

An employee scheduled to provide mobile responder duties shall be paid a premium at

the rate of seventy- five cents ($ 0. 75) per each thirty (30) minute period during whichcrisis intervention services are provided in- person to clients outside of the unit or via

videoconferencing to hospital emergency departments in communities without mobileworker coverage.

An additional thirty (30) minutes of time at the same premium rate is to be allocated forthe completion of required documentation for each mobile response call.

All employees in active employment ( including any employee on a leave of absence)will receive a lump sum payment upon ratification as follows.

500 for Full Time Employees

250 for Part Time/ Casual Employees


49

SCHEDULE B— INSURED BENEFITS

After three ( 3) months employment, all regular full- time employees are eligible to enrol

in the Extended Health Care benefits provided by Green Shield Canada Billing Division6847, and the Employer shall continue the payment of 100% of premiums, consistent

with Article 22, for the following:

a) Health Insurance Benefits as described and limited in the policy ( PrescriptionDrug, Emergency Transportation, Hospital Accommodation, Audio, MedicalItems, Private Duty Nursing in the Home, Professional Services andAccidental Dental).

b) Vision Care - in the amount of$ 400 every 24 months as described and limitedin the policy.

c) Dental Plan as described and limited in the policy (Basic and ComprehensiveBasic Services is unlimited, Dentures, Denture Adjustments andMiscellaneous Denture Services, Orthodontic, Crowns, Bridgework etc.).

d) Hospitals of Ontario Group Life Insurance Plan ( HOOGLIP), as described and

limited in the policy. The Employer agrees to pay 100% of the premiums.

e) Accidental Death and Dismemberment Plan, as described and limited in the

policy, which provides life and accident insurance coverage. The Employer

pays 100% of the premium cost of the plan.

f) Hospitals of Ontario Voluntary Life Insurance Plan ( HOOVLIP), as describedand limited in the policy. Employees may be required to submit medicalevidence of insurability to the carrier prior to acceptance in the plan. The

employee pays 100% of the premium cost of the plan.

NOTE:

1. Benefits coverage shall terminate on an employee's last day of work.


Documents

between - Ontario Assistance/624... · 28.05 Damage To Personal Property ..... 46 ARTICLE 29 - DURATION AND RENEWAL ... at the Crisis Response Services Kenora Rainy River District