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COLLECTIVE AGREEMENT
BETWEEN
-and-
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1.on (Affiliated with the C.L.C.)
(hereinafter called the "Union")
Effective: April 1, 2006 Expires: March 31, 2009
INDEX ARTICLE PAGE
PREAMBLE .............................................................................................................. 1 1 Purpose .................................................................................................................... 1 2 Scope and Recognition ............................................................................................ 2 3 Definitions ................................................................................................................ 2 4 Management Rights ................................................................................................. 3 5 Union Security and Check-Off .................................................................................. 3 6 No Strikes or Lockouts .............................................................................................. 4 7 Union Committee and Stewards .............................................................................. .4 8 Discipline ..........•...................................................................................................... 6 9 Grievance Procedure ............................................................................................... 7 10 Policy, Group and Employer Grievances .................................................................. 8 11 Arbitration ................................................................................................................. 8 12 Discharge ................................................................................................................. 9 13 Bulletin Board ........................................................................................ 1 0 14 Seniority ............................................................................................. 10 15 Loss of Seniority ..................................................................................................... 10 16 Lay-Off and Reca11 .. , ............................................................................................... 11 17 Seniority Lists ......................................................................................................... 13 18 Job Posting ............................................................................................................. 13 19 Leaves of Absence ................................................................................................. 15 20 Education Leave ..................................................................................................... 16 21 Educational Assistance/Professional Development ................................................ 16 22 Jury and Witness Duty ............................................................................................ 16 23 Bereavement Leave ................................................................................................ 17 24 Maternity and Parental Leaves of Absence ............................................................ 18 25 Hours of Work ........................................................................................................ 18 26 Overtime/Lieu Time ............................................................................................... 19 27 Work Schedule ....................................................................................................... 20 28 Work of the Bargaining Unit .................................................................................... 21 29 Vacation .................................................................................................................. 21 30 Paid Holidays .......................................................................................................... 22 31 Wages .................................................................................................................... 23 32 Workers' Compensation ......................................................................................... 23 33 Sick Leave .............................................................................................................. 23 34 Health & Safety ....................................................................................................... 24 35 Retroactive Pay ...................................................................................................... 24 36 Health and Insurance Benefits ................................................................................ 25 37 Pension ................................................................................................................... 25 38 Mileage ................................................................................................ 26 39 Reproducing the Agreement ....... ~··········································································26 40 Renewal, Amendment and Termination .................................................................. 26
Wage Schedule ........................................................................................... 28 Wage Schedule ........................................................................................... 29 Wage Schedule ........................................................................................... 30
APPENDIX A PART-TIMEADDENDUM ···············'·"·· ..................................... 31
Letters of Understanding
Letter #1 - re: Pay Equity ............................................. ; ................................................. 33 Letter#2- re: Job Share ................................................................................................ 33 Letter #3 - re: Christmas Vacation Schedule ................................................................. 33 Letter #4- re: Health and Insurance Benefits .............•.................................................. 34 Letter #5 - re: Pay for Negotiating Committee ............................................................... 34 Letter #6 - re: Police Checks ......................................................................................... 34 Letter #7 - re: Sick Leave 33.01 .. ... ... ... .... ..... ........ .. ...... ...... ... ... ... ....... ... ....... .. .. .... .... .. 35
COLLECTIVE AGREEMENT
BETWEEN
INTERVAL HOUSE OF HAMIL TON-WENTWORTH
(hereinafter called the "Employer")
-and-
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1.on (Affiliated with the C.L.C.)
(hereinafter called the "Union")
PREAMBLE
It is agreed that one ofthe primary goals is to provide the best possible service to the clients and in doing so provide a dignified atmosphere and environment where clients are supported and afforded rights and responsibilities as individuals, and as members of the general community.
Based on this special relationship, this Agreement is intended to encourage a cooperative and harmonious working environment while recognizing and promoting the principles of Interval House of Hamilton-Wentworth, in particular, residential services for abused women and their children and the elimination of violence against women through public education and political action.
It is agreed that this preamble is not intended to minimize any rights which exist under this Collective Agreement.
ARTICLE 1 - PURPOSE
1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and all employees represented by the Union, to provide procedures for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees within the bargaining unit, while recognizing the special relationship which exists between the clients and the Employer.
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ARTICLE 2 - SCOPE AND RECOGNITION
2.01 The Employer recognizes the Union as the sole bargaining agent for all employees of Interval House of Hamilton-Wentworth in the City of Hamilton, save and except supervisors, persons above the rank of supervisor, Co-ordinator of Communications and Development, Co-ordinator of Volunteer Services and Training, office and clerical staff, placement students and students employed through Government sponsored programs not exceeding six months.
2.02 The Employer agrees that it will not enter into any other agreement with employees, either individually or collectively, which will conflict with any of the provisions of this Agreement.
2.03 Discrimination
(a) The parties agree that, in accordance with the provisions of the Ontario Human Rights Code, there shall be no discrimination against any employee by the Employer or the Union based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap.
(a) Each of the parties hereto agrees that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or by any of their representatives or members because of any employee's membership or non-membership in the Union or because of the employee's activity or lack of activity in the Union.
ARTICLE 3 - DEFINITIONS
3.01 For the purpose of this Collective Agreement the term "employee" and "employees" shall mean an employee who is or employees who are employed by the Employer in the bargaining unit in a classification specifically set out in Schedule "A"
3.02 Where the feminine pronoun is used in this Agreement it shall be deemed to include the masculine and vice versa, where the context so requires.
3.03
(a) For the purposes of this Collective Agreement, the term "full-time" means an employee who is continuously employed on a year-round basis and who is regularly scheduled to work on average greater than twenty-five (25) hours per week and forty (40) hours per week or less.
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(b) For the purposes of this Collective Agreement. the term "part-time" means an employee who is regularly scheduled to work an average of twenty-five (25) hours or less.
ARTICLE 4- MANAGEMENT RIGHTS
4.01 The Union recognizes that the management, supervision and direction of the workplace is fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited in this Agreement. (Furthermore, a claim that the Employer has not exercised these rights consistent with this Agreement shall be the proper subject matter of a grievance.) Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:
a) maintain order, discipline and efficiency;
b) hire, discharge, assign, direct, classify, transfer, promote, demote, lay-off, recall or suspend or otherwise discipline for cause, provided that a claim that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the Grievance Procedure;
c) establish and enforce reasonable rules, regulations, policies and practices which are to be observed by employees, provided that they are not inconsistent with the provisions of this Agreement. Such rules, regulations, policies and practices will be made available to the employees;
d) determine, in the interest of efficient operations and the highest standards of service, classifications, hours of work, assignments, methods of doing the work, job content, scope of services to be provided to clients, and the working of the establishment;
e) generally to manage and operate Interval House in all respects in accordance with its obligations, and without restricting the generality of the foregoing, to determine the kinds and locations of services to be provided, equipment to be used, the allocation and number of employees required from time to time, the standards of performance for employees and all other matters concerning the Employer's operations, not otherwise specifically dealt with elsewhere in this Agreement.
ARTICLE 5- UNION SECURITY AND CHECK-OFF
5.01 All employees covered by this_Agreement shall pay Union Dues consistent with the Constitution of the Service Employees International Union, Local 1.on as a
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condition of employment.
5.02 All employees shall, as a condition of employment, be subject to Union Dues deduction. Such deduction shall be made from the first pay of each month and forwarded to the Union Office on or before the last day of the same month in which the deductions are made where practicable.
5.03 The Employer shall deduct the regular Dues of the Union and shall remit same :no later than the end of the month in which such deductions have been made together with a list of names, addresses and social insurance numbers of those employees from whose pay cheques such deductions have been made and the amount deducted.
5.04 T4 slips will show deductions made for Union Dues.
5.05 In all cases, the Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all claims, demands, actions or causes of action arising from, or in any way connected with the collection of such Dues.
ARTICLE 6 - NO STRIKES OR LOCKOUTS
6.01 There shall be no strike (as defined in the Labour Relations Act, as amended) during the term of this Collective Agreement.
6.02 There shall be no lockout (as defined in the Labour Relations Act, as amended) during the term of this Collective Agreement.
ARTICLE 7- UNION COMMITTEE AND STEWARDS
7.01 The Employer will recognize a Union Administrative Committee which will consist of a Chief Steward and up to two (2) Stewards all selected from members of the bargaining unit, not more than two (2) of which shall meet with the Employer at any one time. The Employer shall be advised of the names of the members of this Committee and shall be notified of any changes from time to time.
7.02 It is agreed that the Union has the right to elect or otherwise select a Negotiating Committee consisting of two (2) Stewards. Members of the Committee will be paid by the Employer for time used in negotiations of successor agreements up to and including Conciliation, provided that the employees on the Committee were regularly scheduled to work.
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7.03 All members of the Committee shall be Employees who are members of the bargaining unit who have completed their probationary period.
7.04 The right of Committee members to leave their work without loss of regular pay or attend to matters pertaining to the interpretation or application of the Collective will be granted if all the following conditions are met:
(a) such business must be between the Union and the Employer;
(b) the time shall be devoted to the prompt handling of necessary Union business and shall in all cases be kept to a minimum;
(c) Committee members shall give forty-eight (48) hour notice of a scheduled meeting where possible;
(d) the Committee member shall obtain the perm1ss1on of her supervisor before leaving her work. Such permission shall not be unreasonably denied;
(e) the Committee members recognize that they have regular work to perform and that they may be required to leave these meetings in order to handle matters relating to client care.
7.05 Labour Management Committee
The Union and the Employer agree that consultation and communication on matters of joint interest are desirable to promote good, constructive and harmonious relations. Accordingly:
(a) The parties agree that a joint consultation committee to be known as the Labour Management Committee composed of not more than two (2) employees and two (2) representatives of the Employer shall be used as a forum for discussion on matters of mutual interest not governed by the terms and conditions of employment as set out in this Agreement. Either party may bring in an additional resource person on behalf of the Union or the Employer.
(b) The Committee shall meet at the request of either party, but not more frequently than once every month, except by mutual agreement. Necessity for a meeting will be indicated by a letter from either party to the other party delivered at least five (5) days in advance of the proposed meeting and containing an agenda on the subjects to be discussed.
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(c) Wherever possible, the Committee meetings will be scheduled during the regularly scheduled hours of work of the Committee members. When meetings are so scheduled, the Committee members shall not lose regular earnings as a result of such attendance.
(d) Issues raised by either party, if not resolved at the meeting, will be responded to within fourteen (14) calendar days of the issue being tabled at a Labour Management Committee meeting.
(e) Such meetings are for the purpose of discussing matters of concern to the parties and are designed to encourage communication between the Employer and the employees. However, it is agreed that such meetings are intended as neither a substitute for nor a means of bypassing the grievance procedure as set out in Article 9 of the Collective Agreement. Further, such meetings are not intended to deal with any matter that is the subject matter of collective bargaining negotiations.
(f) Both parties agree that, while the Committee shall consider and attempt to resolve all problems of mutual concern, it is understood that the Committee shall function in an advisory capacity only. Furthermore, the Committee shall have no power to alter, amend, add to or modify the terms of this Agreement.
ARTICLE 8- DISCIPLINE
8.01 All disciplinary letters shall be removed from the individual's personnel file after a period of twelve (12) months on condition that no further discipline has been issued during that time.
8.02 Disciplinary actions can include: verbal warnings, written warnings, suspension on the record (wherein a discipline or suspension without pay would normally have been administered, but was not), suspension without pay and dismissal.
8.03 All disciplinary letters shall be dated and signed by the Employer representative and employee. A copy of such letter will be given to the employee and, upon direction from the employee, a copy shall be forwarded to the Union. The signature of the employee is only confirmation that they have been made aware of disciplinary action.
8.04 It is understood that any employee subject to disciplinary action shall be informed of the right to have a Union Steward present.
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ARTICLE 9- GRIEVANCE PROCEDURE
9.01 It is the mutual desire of the parties hereto that any complaints or grievances arising between the parties with respect to the application, interpretation or alleged violation of this Agreement shall be dealt with in a timely manner.
9.02 It is generally understood that an employee has no complaint or grievance until she has either directly or through the Union, given her supervisor an opportunity to adjust the complaint The aggrieved employee must register her complaint within seven (7) calendar days of the circumstances giving rise to the complaint or after the grievor should have known that the incident occurred.
9.03 If, after registering the complaint with the supervisor and the complaint is not settled within seven (7) calendar days or such longer period which may have been agreed to by the parties, then the following steps shall be followed:
Step 1:
(a) The grievance shall be submitted in writing, to the immediate supervisor, or designate, either directly or through the Union within seven (7) calendar days.
(b) Within seven (7) calendar days of the receipt of the written grievance, the immediate supervisor and/or designate, shall hold a meeting with the grievor and the Union to discuss the grievance.
(c) The immediate supervisor, or designate, shall give a written response within seven (7) calendar days of the meeting. A Union representative and/or a Local Union representative may be present at any step of the grievance procedure.
Step 2:
(a) If the complaint is not satisfactorily settled at Step 1, the grievance may be submitted in writing to the Executive Director, or designate, within seven (7) calendar days from the date of receipt of the answer given in Step 1.
(b) Within seven (7) calendar days of the receipt of the grievance, the Executive Director and/or designate, shall hold a meeting with the grievor and the Union representative in an effort to resolve the grievance.
(c) Within ten (10) calendar days of the meeting with the grievor and his/her Union representative, the Executive Director, or designate, shall render a decision in writing.
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Step 3:
If the grievance is not settled at Step 2, then the grievance may be referred to arbitration in accordance with Article 11 of this Agreement. If no written request is received within thirty (30) calendar days of the response in Step 2, then the grievance shall be deemed to be abandoned and the same grievance shall not be the subject of a further grievance.
9.04 The time limits specified in this Article are mandatory. However, the time limits in the grievance procedure may be extended by mutual consent of the Employer and the Union.
9.05 Where possible, the aggrieved employee must be present at all grievance meetings.
9.06 The grievance must state the violation and the relief sought and be signed by both the employee and a Union representative.
9.07 The Employer, the grievor and the Union shall cooperate in the exchange of information for the purp()ses of adding clarification and subsequent resolution of the grievance.
ARTICLE 10- POLICY, GROUP AND EMPLOYER GRIEVANCES
10.01 Where a dispute within the meaning of Article 9.01 involving a question of general application or interpretation of the Collective Agreement occurs or where a group of employees or the Union or the Employer has a grievance, the aggrieved party may submit their grievance(s) at Step 2 of the grievance procedure. Such grievance must be submitted in writing within ten (10) calendar days after the incident giving rise to the grievance.
10.02 The Employer shall have the right to file a grievance at Step 2 of the grievance. In the circumstances, the grievance procedure shall apply with all necessary modifications.
10.03 The time limits specified in this Article are mandatory. However, the time limits as outlined in Article 10 may be extended by the mutual consent of the Employer and the Union.
ARTICLE 11-ARBITRATION
11.01 Should either party wish to refer a grievance which has been properly carried through all the steps of the Grievance Procedure and which has not been settled, to
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arbitration, written notice shall be made to the other party within twenty (20) calendar days of receipt of the last written disposition.
11.02 The written notice of intent to submit a grievance to arbitration shall include three (3) alternative choices to serve as sole arbitrator. The party to whom such notice has been given shall reply in writing within ten (10) calendar days from receipt of the notice, advising acceptance of one of the choices for sole arbitrator or suggesting alternatives.
11.03 If the parties cannot agree on a sole arbitrator within twenty (20) calendar days from the receipt of the notice of intent to submit the grievance to arbitration, the parties will apply to the Ontario Minister of Labour to appoint a sole arbitrator.
11.04 The decision of the Board of Arbitration shall be final and binding on the Employer and the Union.
11.05 The Board of Arbitration is bound by the terms of this Agreement and shall have no jurisdiction to alter, change, modify, amend or enlarge the terms of this Agreement.
11.06 The fees and expenses which may be incurred in connection with the Arbitrator shall be borne equally by both parties to this Agreement.
11.07 The limits set out in both the grievance and arbitration procedures herein are mandatory and failure to comply with such limits except by the mutual consent of the parties, shall result in the grievance being deemed to have been abandoned.
11.08 The parties agree that the arbitration procedure outlined above does not preclude either party from utilizing the expedited arbitration procedure set out in the Labour Relations Act.
ARTICLE 12- DISCHARGE
12.01 The parties agree that the Employer shall have the right to release a probationary employee whom the Employer believes to be unsuitable because of conduct, quality of work, attendance or any other work related reasons.
12.02 Discharge or Suspension Grievance
Where an employee feels she has been unjustly suspended or discharged, the employee may file a grievance at Step 2 of the grievance procedure within ten (10) working days of the discharge or suspension.
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ARTICLE 13- BULLETIN BOARD
13.01 The Employer agrees to provide a bulletin board on which to display notices pertaining to Union business, advice regarding meetings and other material of interest to Union members.
ARTICLE 14- SENIORITY
14.01 The seniority of each full-time employee covered by this Agreement shall be established after the completion of her probationary period and shall then count from the date of last hire.
14.02 The probationary period for a full-time employee shall be four (4) months.
14.03 The term "seniority" as used in this Collective Agreement shall mean the length of employment with the Employer, computed from the most recent date of hire with the Employer.
14.04 An employee shall continue to accumulate seniority when absent from work due to vacation, paid holidays or any other paid leave of absence.
14.05 An employee on pregnancy and parental leave shall continue to accumulate seniority up to a maximum of one ( 1) year while on such leave.
However, seniority acquired under this provision will not be used for the purposes of completing the probationary period. An employee on probation while on pregnancy leave will resume their probation on return.
ARTICLE 15- LOSS OF SENIORITY
15.01 An employee shall lose all seniority and her employment shall be deemed to be terminated if she:
(a) voluntarily resigns, retires in writing or is discharged and the discharge is not reversed through the grievance or arbitration procedure;
(b) is absent from work more than twenty-four (24) months by reason of illness, or other disability;
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(c) is absent from work due to layoff for a continuous period for more than twenty-four (24) months;
(d) fails to return to work after layoff within ten (10) calendar days after being requested to do so by the Employer by registered mail sent to the last address recorded by the employee and appearing on the records. This time limit may be extended by the Employer for justifiable reasons;
(e) takes work elsewhere during a !.eave of absence without written consent of the Employer;
(f) overstays a leave of absence without the prior permission of the Employer or without a justifiable reason as determined by the Employer;
(g) uses her leave of absence for reasons not consistent with the initial request without the approval of the Employer or should the initial reason prove to be false.
ARTICLE 16- LAYOFF AND RECALL
16.01 In the Event of a lay-off of a permanent or long term nature, the Employer will notify the Union and will provide the affected employees with notice in accordance with the Employment Standards Act.
16.02 Lay-off Procedure
(a) In the event of a lay-off, the Employer shall lay off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the relevant skill, ability, efficiency and qualifications to perform the work.
(b) An employee who is subject to lay-off shall have the right to either:
i) accept the lay-off; or
ii) displace an Employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to lay-off has performed the duties of the lower or identical paying classification and can resume the position without training, other than familiarization. Such employee so displaced shall be laid off.
The decision of the Employee to choose (i) or (ii) above shall be given in writing to the Executive Director within one (1) calendar week following the notification of layoff.
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Employees failing to do so will be deemed to have accepted the lay-off.
16.03 Recall Rights
(a) An employee shall have opportunity for recall from lay-off to an aVailable position, to her same classification or to a job which she can resume without training other than familiarization, in order of seniority, before such opening is filled on a regular basis under the Job Posting Procedure. The Posting Procedure in the Collective Agreement shall not apply until the recall process has been completed.
(b) An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled.
(c) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisions or have been found unable to perform the work available.
(d) It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within five (5) days (exclusive of Saturdays, Sundays and Statutory Holidays) after being notified to do so by registered mail, addressed to the last address on the record with the Employer (which notification shall be deemed to have been received on the third day after mailing) and return to work within fourteen (14) days after being notified. The notification shall state the job to which the employee shall report for work. The employee is solely responsible for her proper address being on record with the employer.
(e) Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies, for which they are qualified, which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. The provision supersedes the Job Posting provision.
(f) A laid off employee shall retain the rights of recall for a period of eighteen ( 18) months.
16.04 In the event of a lay-off the Employer shall pay the premium of the insured benefits for a period of one ( 1) month following the month in which the lay-off occurs.
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ARTICLE 17- SENIORITY LISTS
17.01 The Employer shall supply the Union with seniority lists in January and July of each year, showing employees' names alphabetically, classification and their seniority starting date.
17.02 The parties agree that there shall be two separate seniority lists, one for full-time and one for part-time employees. Part-time employees shall have their seniority expressed in hours worked. The list will also show the employee's start date.
17.03 The Employer shall, in January and July of each year, post a copy of the revised seniority lists. If an employee does not challenge the employer's seniority standing as . indicated on the seniority list within thirty (30) days from the date the seniority list is posted, then the employee shall be deemed to have the proper seniority standing. The Employer shall make a correction to the seniority list, when applicable, within seven (7) days of the date an employee notifies the Employer that the seniority standing as indicated on the list is incorrect.
ARTICLE 18- JOB POSTING
18.01 In the event new jobs are created or vacancies occur in the existing job classifications, they will be handled in the following manner:
(a) The Employer shall post on the bulletin board all vacancies and new jobs created. They shall remain posted for a period of fourteen ( 14) calendar days. Such notice shall include the name of the position, minimum qualifications required, wage range, regular hours of work.
(b) Employees interested in being considered for such a vacancy or new position shall submit a written application, in the form required by the Employer within the posting time.
When the applicants are internal and no interviews are required, the decision will be made within thirty (30) working days from the time that the posting expires. If management's schedule will not allow decision to be made within above time frame, management will advise the union and management will have a further thirty (30) working days in order to make the decision.
(c) Where a job vacancy occurs and is to be filled, applicants from within the bargaining unit shall be given first consideration for the position. Where there are no qualified applicants from within the bargaining unit the Employer will consider applications from persons employed outside the bargaining unit. Each applicant will be informed in writing of the outcome of the Job Posting within five ( 5) working
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days of the final decision having been made.
(d) When more than one employee is being considered for such a vacancy, the following factors shall govern:
i) the basic skill, ability, efficiency and qualifications to do the work of a job available;
and
ii) seniority
If the factors in (i) are relatively equal among applicants, (ii) shall determine the successful applicant.
(e) The Employer agrees to provide the Chief Steward with a copy of each job posting.
18.02 The employee selected to fill the vacancy will be on trial for ninety (90) days in that new position. Such an employee will be able to return to her former position within ninety (90) days if either:
(i) the employee feels that she is not suitable for the position and wishes to return to her former position, or
ii) the Employer feels that the employee is not suitable for the position and requires that she return to her former position.
18.03 Nothing herein shall prevent the Employer from temporarily filling the vacant jobs during the recruitment period and the period referred to in 18.02 at its discretion, for up to a period of ninety (90) days. The parties may mutually agree to such longer period as is necessary.
18.04 Temporary Job Vacancy
(a) A temporary job vacancy is a vacancy expected to exceed six (6) calendar weeks, created by the absence of an employee due to maternity leave, parental leave, compensable or non-compensable illness or injury or any other leave of absence.
(b) Employees working less than thirty-seven and one-half (37 1/2) hours a week shall be given the first opportunity to fill temporary vacancies. The Employer will outline to the employee selected to fill the vacancy, the anticipated conditions and duration of such vacancy. Upon the return of the employee from her absence, she shall have the right to her former position.
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(c) In instances where an employee is off on "any other leave of absence" in accordance with a) above, the employee may return to work to a date other than the estimated dated of return on condition that the employee gives the employer at least two (2) months advance written notice and provided that the maximum leave is not exceeded.
(d) In the event that a part-time employee is the successful applicant, the part-time employee shall retain her part-time status during the temporary full-time period
(e) Nothing in this Agreement shall prevent the Employer from filling any temporary position or temporary vacancy at its discretion for a period of up to six (6) calendar weeks duration.
(f) The Employer agrees that upon it becoming aware that the vacancy has become permanent and is to be filled, it shall forthwith thereafter post the position in accordance with Article 18.
ARTICLE 19- LEAVES OF ABSENCE
19.01 An employee may be allowed a leave of absence without pay for personal reasons at the Employer's discretion for up to thirty (30) days provided:
(a) she requested leave from the Employer in writing at least the (10) days prior to such leave, unless the request is of an emergency nature, and
(b) the leave does not interfere with the operations of the Employer.
The Employer agrees that permission for such leave shall not be unreasonably withheld.
19.02 Leave of absence without pay may be granted to attend Union business, conference or conventions provided, however, that such leave will not total more than fifteen ( 15) working days per year, that sufficient notice of such leave of absence will have been provided to the Employer, that such leave will not unduly interfere with the proper functioning of the Employer. Approval for such leave shall not be unreasonably withheld.
19.03 An employee may be allowed an absence without pay, without benefits and without the accumulation of seniority for up to twelve consecutive months for the purpose of returning to school provided:
(a) she requested leave from the Employer in writing at least two (2) months prior to such leave, and
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(b) the leave does not interfere with the operations of the Employer. Approval for such leave shall not be unreasonably withheld.
(c) the employee agrees and acknowledges in writing that once the leave is approved, the employee shall give eight (8) weeks written notice to return earlier than the date set for the expiry of the leave.
ARTICLE 20- EDUCATIONAL LEAVE
20.01 If required by the Employer to take courses to upgrade employment qualifications, an employee shall be entitled to a leave of absence with pay and without loss of seniority and benefits to write examinations to upgrade her employment qualifications.
20.02 Where the Employer required an employee to take any course or attend any conference, the Employer agrees to pay all costs reasonably associated with the course. These costs shall be discussed and agreed upon between the Employer and the employee prior to attendance at the course or conference.
ARTICLE 21- EDUCATIONAL ASSISTANCE/PROFESSIONAL DEVELOPMENT
21.01 When employees of their own accord attend seminars, conferences or workshops which upgrade or provide new qualifications related to their work at Interval House, the Employer will pay the costs associated with the activity prior to the commencement of the program. It is understood and agreed that it is in the Employer's discretion to determine whether or not the seminar, conference or workshop relates to the employee's work at Interval House and to determine whether the agency will cover the costs for the employee for such seminar, conference or workshop. It is further understood that prior approval by the Executive Director is required. All requests will be approved within ten (10) calendar days.
ARTICLE 22- JURY AND WITNESS DUTY
22.01 Job Related Witness Duty
(a) If an employee, on a scheduled work day, is subpoenaed as a witness to court for a job related matter, the Employer will pay the employee for all time spent as a witness as part of her regular work day. The employee is expected to return to work once she is released as a witness if a reasonable period of time remains to be worked in her shift.
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(b) If an employee, on her day off, is subpoenaed as a witness to court for a job related matter, she will be compensated by being given the equivalent time off on a scheduled day provided:
(i) she provides proof and notification to the Employer as soon as she is notified of her requirement to attend.
22.02 Jury Duty
Where an employee is required to be absent by reason of receipt of a summons to attend as a juror or by reason of receipt of a subpoena as a witness, she shall be paid the difference between the amount paid for such service and her normal pay, based on her regularly scheduled work week, for a period not to exceed four (4) weeks, subject to the following provisions:
(a) Employees must notify the Employer within one (1) working day after receipt of notice of selection of jury duty or subpoena as witness;
(b) an employee called for jury duty or subpoenaed as a witness and who is temporarily excused from attendance at court must report for work if a reasonable period of time remains to be worked in her shift;
(c) in order to be eligible for such payments the employee must furnish a proper statement from the proper public official showing the dates and times served and the amount of pay received.
ARTICLE 23- BEREAVEMENT LEAVE
23.01
(a) In the event of the death in the "immediate family" of an employee she shall be granted upon request up to three (3) days leave without loss of regular pay.
(b) "Immediate family" shall mean spouse, common law spouse, same-sex live-in partner, mother, father, son, daughter, ward of the employee, step-child, stepparent, brother, sister, grandparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, granddaughter, grandson or grandparent in-law, greatgrandparent, great-grandparent in-law, step brother, step sister".
(c) In the event of a death of a brother-in-law, sister-in-law, uncle, aunt, niece, nephew, or a relative permanently residing with the employee, the employee will be granted, upon request, up tO-two (2) days leave without loss of regular pay.
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23.02 Bereavement leave and pay shall be available only to ensure that an employee will not lose pay for days when he or she was regularly scheduled to work.
23.03 At the discretion of the Employer, additional unpaid time will be made available for bereavement leave as required by special circumstances. On request, the employee will provide proof to support the need for additional bereavement leave. Such request shall not be unreasonably denied.
ARTICLE 24- MATERNITY AND PARENTAL LEAVES OF ABSENCE
24.01 Maternity and parental leaves will be granted in accordance with the Employment Standards Act of Ontario, as amended.
24.02 (a) An employee who has taken maternity and parental leave under the ESA will be entitled to an additional leave of absence without pay and without benefits of up to twenty-six (26) weeks duration.
(b) During the leave outlined in 24.02 (a), the employee shall be responsible for the full monthly premium cost of any benefits.
24.03 The Employer agrees to continue its contributions to benefit premium coverage as outlined in this Agreement for an employee granted leave under this Article 24.01 unless the employee gives the Employer written notice that she does not intend to pay her contributions.
24.04 The employee who has taken a leave of absence as outlined above shall be reinstated upon the end of the leave to the position most recently held with the Employer, if it still exists, or to a comparable one, if it does not in accordance with Article 16.02 (b) (ii).
ARTICLE 25- HOURS OF WORK
25.01 The following is intended to define the normal hours of work, but shall not be interpreted as a guarantee of hours per day or per week or days of work per week.
25.02 The normal work hours of work per week for full-time front-line counselors, child and youth counselors, community outreach/legal advocate and community support worker covered by this Agreement will average thirty seven and one-half (37 %) hours per week over the cycle of the schedules. The normal hours of work per week for cook/housekeeper will be forty (40) hours per week.
25.03 There shall be no split shifts.
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25.04 Meal and Rest Breaks
Employees reporting for a twelve and one-half (12 1/2) hour shift are entitled to two (2) thirty (30) minute paid meal breaks. Employees working an eight (8) hour shift are entitled to one (1) thirty (30) minute paid meal break.
In addition, employees working at least an eight (8) hour shift are entitled to two (2) fifteen ( 15) minute paid rest breaks.
Due to the nature of the work of the organization, meal breaks may, at times, be taken in the company of residents/clients of the program( s ). If an employee is required to take their meal break with residents/clients, the employee's meal will be provided by the Employer free of charge.
Meal and rest breaks may be taken and/or combined whenever schedules and work load allow, but it is understood that there must always be one employee present in the house at all times. Employees may, therefore, be required to take meal and rest breaks on location.
ARTICLE 26- OVERTIME I LIEU TIME
26.01 Except in the case of emergency overtime work, hours worked in excess of an employee's regularly scheduled work day and/or normal work week shall be authorized and approved in advance by the Executive Director, or her designate.
All claims for emergency overtime work shall be submitted to the Executive Director or a designate for written approval before leaving work after the completion of the emergency overtime.
26.02 Hours worked in excess of an employee's regular work week, as averaged over the cycle of the schedule, but less than forty-four ( 44) hours will not attract an overtime rate. However, employees will be compensated with time off in lieu equivalent to time and one-half (1 1/2) for hours worked in excess of the regular work week with the exception of hours spent in staff and labour-management meetings. (Staff meetings will be paid at straight time and labour-management meetings will be compensated with time off in lieu equivalent to straight time.) The lieu time may be taken at a time mutually agreeable to the Employer and the employee but in any event must be scheduled within ninety (90) days of when it was accrued. The employer will make an effort to respond within ten (10) working days, exclusive of Saturday, Sunday and statutory holidays, of the date of the request. Employees will not receive pay for lieu hours not used. If it is not possible to utilize the lieu hours within the allotted time, the Employer will extend a further ninety (90) day period.
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The employer may allow an additional extension where the employee has not yet accumulated sufficient hours to allow a full shift off within the required time limits.
26.03 Hours worked in excess of forty-four (44) hours in a week shall be compensated at one and one-half (1 1/2) times the employee's straight time hourly rate.
26.04 It is understood that there will be no duplication of premiums and no pyramiding of overtime. For greater clarification, it is expressly understood that only time worked shall be included for the purposes of calculating overtime as set out in Article 26.
ARTICLE 27- WORK SCHEDULE
27.01 Schedules shall be posted two (2) weeks in advance and shall not be unnecessarily altered or changed except with the mutual consent of both parties, except in the case of an emergency, or to allow for a return from a leave of absence as provided by this Agreement.
27.02 (a) Employees may be permitted to exchange shifts or days off provided that service to the clients is not disrupted, and that there is no additional cost or penalty to the Employer. In addition, every attempt will be made by the employee to give advance notice of the shift exchange but in no event will notice be less than five (5) working days (ie. Monday to Friday, not including weekends and statutory holidays) prior to the start of the changed shift. All changes must occur within the cycle of the schedule. (The employer will make an effort to respond within five (5) working days, exclusive of Saturday, Sunday and statutory holidays, of the date of the request.) Changes may be granted with shorter notice at the discretion of the Employer. Once an exchange is made, there can be no subsequent changes made in relation to those shifts.
(b) It is expressly understood that no lieu time (26.02) or overtime pay (26.03) shall accrue or be paid as a result of employees exchanging shifts.
27.03 Unexpected shift openings, which the Employer requires to have filled, will be offered to part-time employees or employees regularly scheduled for less than thirtyseven and one half (37 1/2) hours in seniority order on rotating basis only to the extent that such shift coverage will not result in any employee incurring overtime or lieu time off.
27.04 Except in the case of emergencies, the employer agrees to provide no less than four (4) weeks notice of permanent changes to the Master Schedule which consists of four (4) weeks.
On understanding that an "emergency" refers to situations such as fire, flood, power outage, evacuation, etc.
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ARTICLE 28- WORK OF THE BARGAINING UNIT
28.01 The Employer agrees that persons excluded from the bargaining unit cannot perform duties normally performed by members of the bargaining unit which would directly cause or result in the layoff or reduction of hours of any employees in the bargaining unit.
28.02 The Union acknowledges that the Employer has and will utilize the services of volunteers in the provision of services to its programs. The Union acknowledges and agrees that such work will not be considered bargaining unit work. The Employer acknowledges and agrees that the volunteers will not be used to displace members of the bargaining unit or reduce the hours of work of members of the bargaining unit.
ARTICLE 29- VACATION
29.01 For the purpose of determining vacation entitlement, the term "full year of service" shall refer to twelve (12) months of continuous service.
29.02 All full-time employees shall be entitled to vacation with pay based on the number of full years of service as of their respective anniversary dates as follows:
One ( 1) year or greater full years of service but less than two (2) full years of service- vacation equivalent to three (3) work weeks, and
Two (2) years or greater full years of service- vacation equivalent to four (4) work weeks.
Five (5) years or greater full years of service- vacation equivalent to five (5) work weeks.
29.03 Despite Article 29.02, no employee is entitled to take vacation until she has worked at least six (6) continuous months. Furthermore, although an employee may take vacation days without having earned them, should the employee's employment cease, for whatever reason, prior to the conclusion of the vacation year, the Employer will be entitled to recover the unearned vacation pay.
29.04 Vacation Scheduling
Vacations will be scheduled at any time during the year, and employees may express their preference for the time of their vacation, within their specific group. Due consideration will be given where possible.
Employees must submit vacation requests prior to March 1 of each year. The
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vacation schedule will be confirmed by the Employer by March 31 of each year.
When two (2) or more vacation requests, which overlap in some way, are received by the Employer at the same time, seniority will prevail in determining which request is approved. Provided operational requirements can be met, more than one employee may be allowed vacation at the same time.
Vacation requests made after March 1 of each year will be made on a first come, first serve basis. The employer will make an effort to respond within ten (10) working days, exclusive of Saturday, Sunday and statutory holidays, of the date of the request.
ARTICLE 30- PAID HOLIDAYS
30.01 The following holidays will be recognized:
New Years Day Victoria Day Labour Day Christmas Day Civic Holiday
Good Friday Canada Day Thanksgiving Day Boxing Day Third Monday in February
30.02 An employee will not qualify for holiday pay if she has not worked at least three (3) consecutive months, if she has not earned wages on at least twelve (12) days during the four (4) work weeks immediately preceding the public holiday, if she fails to work her scheduled regular day of work before or her regular scheduled day of work following the public holiday (unless the employee is absent due to illness verified by a medical doctor's certificate), if she has agreed to work on the public holiday and, without reasonable cause, fails to report for and perform the work, or if she is employed under an arrangement whereby she may elect to work or not when asked to do so.
30.03 Subject to 30.02, 30.04, and 30.05, the Employer will give employees a holiday on and pay the employee her regular wages for each paid holiday.
30.04 Where a public holiday falls on a non-working day for an employee or in the employee's vacation, and the employee otherwise qualifies, the employee will be entitled to a regular working day off with pay to be taken at a time mutually agreed to by the Employer and the employee, but in any event, not later than one hundred and eighty (180) days after the statutory holiday.
30.05 Where an employee is required to work on a public holiday, and otherwise qualifies, the employee will receive one and one-half (1 %) times their regular wages for each hour worked and will be entitled.lo a day off with pay to be taken at a time mutually agreed to by the Employer and the employee, but in any event not later than one
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hundred and eighty (180) days after the statutory holiday.
ARTICLE 31 -WAGES
31.01 The wage scales and classifications shown in Schedule "A" attached to and forming part of this Agreement shall be effective as shown during the term of this Agreement.
31.02 It is agreed that if any new bargaining unit job classification is established during the life of this Agreement which are not covered by the schedule of wages now in effect, the rate of such new classification will be determined by the Employer in consultation with the Union.
31.03 The increase in wages at each step of the wage scale is based on seniority only.
ARTICLE 32- WORKERS' COMPENSATION
32.01 The Employer agrees to abide by the Workers' Compensation Act, as amended.
ARTICLE 33- SICK LEAVE
33.01 Pay for sick leave is for the sole purpose of protecting employees against loss of income due to sickness and will be granted to all full-time employees on the following basis:
(a) Upon the successful completion of the probationary period, full-time employees will receive sick leave credits equivalent to 1.25 regularly scheduled work days for each month of the probationary period.
(b) Thereafter, full-time employees shall accumulate, during the year, sick leave credits for each month of full service, as follows:
-one and one quarter (1 1/4) regularly scheduled work days to a maximum of fifteen ( 15) per year.
(c) No employee shall be allowed to utilize sick leave credits that have not yet been earned or accumulated. Furthermore, no employee shall accumulate at any point in time, more sick leave credits than the equivalent of fifteen (15) regularly scheduled work days. Unused credits will not be converted to compensating pay or time off, but will be carried. forward from year to year, but never to exceed fifteen (15) regularly scheduled work days.
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(d) The Employer will notify employees of their accumulation of sick leave on request.
(e) Where an employee's scheduled vacation is interrupted due to a serious illness incapacitating the employee such that they would be required to remain off work the period of such incapacity during which the employee would otherwise have worked, shall be considered sick leave, provided the employee provides satisfactory documentation of the incapacity and the period of incapacity. The portion of the employee's vacation which is deemed to be sick leave under the above provision will not be counted against the employee's vacation credits. The portion of vacation deemed to be sick leave will be taken when the employee recovers and at a mutually agreeable time.
(f) An employee who is absent due to a pregnancy related illness may be eligible for sick leave under the sick leave plan.
33.02 The Employer may require, at its discretion, certification of an employee's illness from a doctor. The employer will pay the cost of the doctor's certificate provided that it is in a form acceptable to the employer and that an appropriate receipt is provided with the certificate.
ARTICLE 34- HEALTH AND SAFETY
34.01 The Employer and the Union agree to co-operate in the observation of all reasonable safety rules and practices.
34.02 The Employer agrees to accept as members of the Health and Safety Committee, to a maximum of two (2) representatives, elected or appointed by the Union from among the bargaining unit employees.
34.03 The Health and Safety Committee shall meet every two (2) months to deal with Health and Safety issues, unless the Committee unanimously determines to meet less frequently. Scheduled time spent in such meeting is to be considered as time worked.
ARTICLE 35- RETROACTIVE PAY
35.01 Where during negotiations, the parties agree to retroactive pay, the Employer will endeavour to make retroactive payment within thirty (30) days of the ratification of any Collective Agreement, but in any event retroactive pay is to be made no less than sixty (60) days after the ratification of the Collective Agreement.
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ARTICLE 36 - HEALTH AND INSURANCE BENEFITS
36.01 An employee who is injured while at work and as a result of such injury is certified by a doctor as unfit to complete the working day or shift, shall receive pay at her basic rate for the time lost on the day that such injury was sustained.
36.02 The Employer agrees to pay 100% of the premium costs for the benefits provided for all full-time employees who have completed the probation period.
36.03 The following benefits will be provided to the full-time employees:
(a) Life Insurance- life insurance of two (2) times the employee's annual earnings.
(b) Long Term Disability -Long-term disability plan for an employee who has completed one (1) year of service. The plan will provide coverage for two-thirds (2/3's) of the employee's earnings to a monthly maximum of Two Thousand Five Hundred Dollars ($2,500.00).
(c) Dental-80/20 Employer/employee co-insurance basic preventative 50/50 Employer/employee co-insurance major restorative $25/$50 single/family annual deductible
(d) Extended Health Care - semi-private hospital, prescription drugs (with drug card and reimbursement rate of 80%), vision care ($250.00 every 24 months), etc.
36.04 It is expressly understood that the obligation of the Employer is to make benefit premium payments where required and this Article shall not be considered a guarantee of benefits. In all cases the terms of the specific insurance plan shall govern.
ARTICLE 37 - PENSION
37.01 The Employer will contribute sixty dollars ($60.00) per month directly into an RRSP account to each full-time employee who has completed their probationary period and provided that the contribution is matched by the employee. Employees must be employed for full month to be eligible for the contribution. For individuals in the job share, each person will receive 1/2 of the contribution of the full-time employee, (i.e. $30.00 per month). Effective the date of ratification, the Employer will contribute $100.00 per month directly into an RRSP account for each full-time employee who has completed ten (10) full years of service provided that the contribution is matched by the employee.
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ARTICLE 38- MILEAGE
38.01 All employees who are required to use their vehicle to carry out work for the Employer shall be paid thirty-eight cents ($0.38) per kilometer.
ARTICLE 39- REPRODUCING THE AGREEMENT
39.01 The Employer and the Union will share equally in any cost of reproducing the Collective Agreement.
ARTICLE 40- RENEWAL, AMENDMENT AND TERMINATION
40.01 This Agreement shall continue in effect from April 1, 2006 to March 31, 2009 and shall continue automatically thereafter during annual periods of one ( 1) year each unless either party notifies the other in writing, within ninety (90) days prior to the expiration date, that they desire to amend or terminate this Agreement.
40.02 In the event of notification being given as to the amendment of the Agreement, negotiations between the parties shall begin within forty-five (45) days following such notification, unless mutually agreed otherwise.
40.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, the terms of this Agreement shall remain in effect until the parties reach an agreement or until the exhaustion of the provisions of the Labour Relations Act, as amended.
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DATEDthis f dayof od
INTERVAL~~
HAM~~--/~
PD/KO
200 0.
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1.on
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CLASSIFICATIONS
Legal Advocate/ Community Outreach
Front Line Counsellor
Community Transitional Support Worker Program
Child & Youth Counsellor
Cook/Housekeeper
Assistant Housekeeper
SCHEDULE "A" WAGE SCHEDULE
WAGE RATES EFFECTIVE APRIL 1, 2006
START.· 1yr-FT 2 yr- FT 1600 hr- 3200- PT PT
17.58 18.24 19.00
17.58 18.24 19.00
17.58 18.24 19.00
17.58 18.24 19.00
13.61 14.16 14.72
10.50 11.25 12.00
3 year 4 year 4800- PT 5400
PT
20.31 21.78
20.31 21.78
20.31 21.78
20.31 21.78
15.28 15.84
12.75 13.50
These payments are to be considered separate and apart from any payments made in relation to Pay Equity.
• Janice Smith - red-circled
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CLASSIFICATIONS
Legal Advocate/ Community Outreach
Front Line Counsellor
Community Transitional Support Worker Program
Child & Youth Counsellor
Cook/Housekeeper
Assistant Housekeeper
SCHEDULE "A" WAGE SCHEDULE
WAGE RATES EFFECTIVE APRIL 1, 2007
START 1 yr- FT 2 yr- FT ·3 year 1600 hr- 3200- PT 4800- PT PT
17.93 18.60 19.38 20.72
17.93 18.60 19.38 20.72
17.93 18.60 19.38 20.72
17.93 18.60 19.38 20.72
13.88 14.44 15.01 15.59
10.71 11.48 12.24 13.01
4year 5400 PT
22.22
22.22
22.22
22.22
16.16
13.77
These payments are to be considered separate and apart from any payments made in relation to pay Equity.
• Janice Smith- red-circled
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CLASSIFICATIONS
Legal Advocate/ Community Outreach
Front Line Counsellor
Community Transitional Support Worker Program
Child & Youth Counsellor
Cook/Housekeeper
Assistant Housekeeper
SCHEDULE "A" WAGE SCHEDULE
WAGE RATES EFFECTIVE APRIL 1, 2008
START 1 yr- FT 2yr-FT 1600 hr- 3200- PT PT
18.47 19.16 19.96
18.47 19.16 19.96
18.47 19.16 19.96
18.47 19.16 19.96
14.30 14.87 15.46
11.03 11.82 12.61
3 year 4year 4800- PT 5400
PT
21.34 22.89
21.34 22.89
21.34 22.89
21.34 22.89
16.06 16.64
13.40 14.18
These payments are to be considered separate and apart from any payments made in relation to pay Equity.
• Janice Smith - red-circled
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APPENDIX A
PART-TIME ADDENDUM
ARTICLE 1:
1.01 The following Articles of the Full-Time Collective Agreement to which this Appendix A is attached shall apply to part-time employees covered by the bargaining unit. For greater clarification, all employees regularly scheduled to work an average of twenty-five (25) or less hours per week will be considered part-time.
PREAMBLE, ARTICLES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17 (except as set out below), 18, 19, 20, 21, 22, 23, 24, 25 (except as set out below), 26, except as set out below, 27, 28, 31, 32, 34, 35, 38, 39.
1.02 Article 14 has no application to part-time employees. The probationary period for part-time employees shall be six hundred and fifty (650) hours worked from the date of last hire.
1.03 There shall be a separate seniority list for part-time employees. Part-time employees shall have their seniority expressed in hours worked. The list will also show the employee's start date.
For the purpose of transfers between part-time and full-time positions, and viceversa, employees shall have their seniority changed to the equivalent on the new seniority list based on the following:
1. Full-time to part-time:
One ( 1) full-time year equivalent to 1950 hours
2. Part-time to full-time:
1600 hours equivalent to one ( 1) full-time year.
1.04 Article 25.01 and 25.02 have no application to part-time employees.
1.05 Article 26.02 has no application to part-time employees.
1.06 Article 29 has no application to part-time employees. For the purposes of vacation with pay, part-time employees are subject to the provisions of the Employment Standards Act. Part-time employees will receive four percent (4%) vacation pay.
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1.07 Article 30 has no application to part-time employees. For the purposes of statutory holidays, part-time employees are subject to the provisions of the Employment Standards Act.
1.08 Article 33 has no application to part-time employees.
1.09 Article 36 has no application to part-time employees.
1.10 Article 37 has no application to part-time employees.
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LETTERS OF UNDERSTANDING
LETTER #1 - RE: PAY EQUITY
The parties agree to meet and discuss the distribution of Pay Equity funds amongst the relevant job classifications in accordance with Pay Equity legislation as soon as they become available.
It is the parties' intention to attempt to make the relevant payments as quickly as possible once they are received by the agency.
LETTER #2 - RE: JOB SHARE
The parties agree that the Employer has a practice of utilizing a job share arrangement. Two job share positions are equivalent to one full-time equivalent position. Job share is in relation to cook/housekeeping position only.
The employees participating in a job share arrangement are not each considered full-time for the purposes of vacation, statutory holidays and sick leave. Each employee on job share will receive half (1/2) the full-time allotment allocated with RRSPs. Rather, each employee in a job share arrangement is considered to be a "one-half full-time equivalent". Each employee on a job share will, so long as the arrangement continues, receive one-half of the full-time allotment associated with vacation, statutory holiday and sick leave entitlement. Each employee on a Job Share shall, so long as the arrangement continues, receive on a quarterly basis $150.00, less all required statutory deductions.
Seniority for employees participating in a job-share arrangement shall be accumulated in the same manner as for part-time employees.
The Employer agrees to notify the Union should it decide not to continue the practice of job shares.
LETTER #3 - RE: CHRISTMAS VACATION SCHEDULE
During the period of December 23 to January 2, the parties agree that during this time a flexible on-call schedule will be used, as has been the practice in the past.
For this period, all staff will provide back-up service for the scheduled staff member in the event that the scheduled staff member cannot work their shift due to an emergency or sickness. Then the on-call staff is expected to work on this shift.
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In keeping with this procedure, vacation will be approved based upon the requests of the staff and the needs of the agency permitting no more than one full-time staff from each of the Child and Youth programme, the Frontline programme, and the Cook/housekeeping programme vacation time off. Since there is only one individual currently working in the Legal Advocate position, the requirement for that individual may vary from year-to-year based on seniority on a rotating basis from year-to year.
The master schedule will be changed in advance to enable the remaining individuals, i.e. those not entitled to take vacation, to work either December 24, 25, 26 or December 31 and January 1, but not both.
LETTER #4 - RE: HEALTH AND INSURANCE BENEFITS
It is not the intention of the Employer to reduce the current level of benefit coverage. If it becomes necessary, due to availability, to reduce benefit coverage, the parties will meet to discuss same, prior to any change.
LETTER #5- RE: ARTICLE 7.02- PAY FOR NEGOTIATING COMMITTEE
The Employer will only be responsible for paying for a maximum of one (1) regularly scheduled shift for each employee on the Negotiating Committee. An employee will only be paid for a day in negotiations if a regularly scheduled shift had to be cancelled to accommodate negotiations. The Negotiating Committee will not receive any pay if no regularly scheduled shift was cancelled.
If an employee's shift does not overlap with the scheduled hours of negotiations, but the employer in consultation with the employees determines that it is not advisable for the employee to work the hours and attend at the negotiations as well, the employer shall reschedule the shift and pay the employee for the shift.
LETTER #6 - RE: POLICE CHECKS
If an employee is required by the employer to have a police check performed over and above the police check required at the entry to employment the employer will reimburse the employee for the cost of the police check upon receipt of the police check.
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LETTER #7- RE: SICK LEAVE 33.01
It is understood that the employees who are entitled to sick leave under article 33.01 may use up to (4) sick days per calendar year for personal leaves as set out below.
For the purposes of this Letter of Understanding, personal leaves may be used by an employee in the following circumstances:
a) medical or dental appointments for themselves and/or immediate family, as defined herein;
b) in situations of illness involving an employee's immediate family member, as defined herein; or
c) mental health days.
An employee must make a written request to their immediate supervisor or designate, at least five (5) working days prior to the time requested to use personal leave days. Extenuating and/or emergency circumstances will be taken into consideration. Advance requests will not be unreasonably denied.
It is understood that the use of personal leave days must be done in blocks of a minimum of Y, regularly scheduled days and in all cases must be pre-authorized.
It should be noted that the use of sick days for this use, once claimed and so designated, cannot be re-designated at a further date.
Employees are not entitled to any financial compensation for personal leave hours unless they have accumulated and unused sick leave credits.
There shall be no carry over from year to year with respect to the personal leave days as set out in this Letter of Understanding. For example, if in year 2000 an employee does not use four (4) personal leave days, the maximum they can use in 2001 is still four ( 4) days.
For the purposes of this letter, immediate family shall be defined as spouse, common-law spouse, same-sex live-in partner, mother, father, and dependent children.
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