COLLECTIVE AGREEMENT between: LE CENTRE DE COUNSELLING DE SUDBURY and THE UNITED STEELWORKERS ARTICLE 1 - PURPOSE OF AGREEMENT 1.01 It is the purpose of the parties to this Agreement:

1) To maintain the existing harmonious relations between the Employer and the employees represented by the Union.

2) To recognize the value of discussions and negotiations pertaining to this

Collective Agreement.

3) To promote the morals, well-being, health and security of all employees in the Bargaining Unit.

4) To provide a method for the adjustment of disputes which may arise between

the parties.

5) To encourage efficiency in operations.

6) To establish and maintain satisfactory salaries, hours of work and working conditions in keeping with the terms of the Collective Agreement.

ARTICLE 2 - UNION RECOGNITION 2.01 The Employer recognizes the Union as the sole collective Bargaining Agent for all

the employees of Le Centre de Counselling de Sudbury in the District of Sudbury, save and except the Executive Director, persons above the rank of Financial Consultant, Supervisors, Executive Secretary and students employed during the school vacation period.

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2.02 An employee whose job is not in the Bargaining Unit shall not work on any job which is included in the Bargaining Unit, except for the Executive Secretary or in emergency situations where a qualified employee in the Bargaining Unit is not available.

2.03 Should a dispute arise concerning whether a particular person comes within the

Bargaining Unit covered by this Agreement, the matter may be submitted by either party to the Ontario Labour Relations Board for decision.

2.04 In the event additional work opportunities become available, the Employer agrees to

offer the available work to bargaining unit employees before offering the work externally.

ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Union acknowledges that it is the exclusive function of the Employer to:

a) maintain order and efficiency; and to this end, make and alter from time to time reasonable rules to be observed by the employee;

b) hire, retire at age 65, discharge, discipline, assign, promote, demote, lay off,

recall and transfer employees, subject to the terms of this Agreement.

c) generally; manage the operations in which the Employer is engaged and, without restricting the generality of the foregoing, determine the nature of the work to be undertaken and methods of operation.

3.02 The Employer shall not exercise its right to direct the working force in a

discriminatory manner or in a manner inconsistent with the terms of the Collective Agreement.

ARTICLE 4 - UNION SECURITY 4.01 It shall be a condition of employment that every new, rehired or recalled employee

shall pay Union dues, initiation fees and assessments in the amount certified by the Union to the Employer, to be currently in effect under the Union’s Constitution.

4.02 The Employer shall deduct from the pay of each member of the Bargaining Unit,

monthly, such Union dues, fees and assessments as prescribed by the Constitution of the Union.

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4.03 The Employer shall remit the amount so deducted prior to the fifteenth (15th) day of the month following by cheque as directed by the Toronto Area Office, payable to the International Treasurer.

4.04 The monthly remittance shall be accompanied by a statement showing the name of

each employee from whose pay deductions have been made and the total amount deducted for the month. Such statements shall also list the names of the employees from whom no deductions have been made and the reasons why, along with any forms required by the International Union. The Employer to send a copy of the union dues check-off to the Staff Representative at 128 Pine Street, Suite 301, Sudbury, Ontario, P3C 1X3.

4.05 The Union agrees to indemnify and save the Employer harmless against all claims

or other forms of liability that may arise out of, or by reason, or deductions made, or payments made in accordance with this Article.

4.06 The Employer agrees to record total Union dues deductions paid by each employee

on his or her T4 Income Tax Receipt. 4.07 Each new employee shall be introduced by the Executive Director to the Unit Chair

within five (5) days from the date of hire. The Unit Chair shall be allowed up to two (2) hours with a new employee, in privacy and without loss of pay, for the purpose of Union familiarisation, including safety procedures. New employees will be provided with a copy of the Collective Agreement at this time.

ARTICLE 5 - UNION REPRESENTATIVE 5.01 Meetings:

If a Staff or other authorized Representative, who is not employed by the Employer, wants to speak to a Local Union Representative in Le Centre de Counselling de Sudbury about a complaint or grievance, he/she shall contact the Union Steward who in turn will advise the Executive Director of such a request and then call the Union Representative to the office where they may confer privately. These talks will be arranged so that they will not needlessly interfere with the affairs of Le Centre de Counselling de Sudbury.

5.02 Union Representative:

For the purpose of meeting with Management Representatives, the Grievance Committee shall consist of the Steward, plus the Staff Representative of the International Union; furthermore, the grievor shall have the right to attend such meetings.

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5.03 Recognition:

The Employer agrees to recognize one (1) Chief Steward, plus an alternate Steward. The Union shall notify the Employer in writing of the names of the Chief Steward, plus an alternate Steward.

5.04 Leave for Union Business:

a) When a committee member or Steward must leave his/her post to investigate grievances or attend joint Labour/Management meetings, he/she shall not suffer loss of pay for the performance of those duties during working hours.

b) Upon request to the Employer, an employee elected or selected to represent the

Union at Conventions shall be allowed leave of absence without pay and without loss of seniority and benefits, and providing it does not interfere unduly with the operations. The total of such leave for the Bargaining Unit shall not exceed fifteen (15) days in each year.

ARTICLE 6 - NO DISCRIMINATION/FAVOURITISM 6.01 The Employer and the Union agree that there shall be no discrimination against or

favouritism toward any employee because of race, creed, colour, age, sex, citizenship, ancestry, ethnic origin, Union member, legal union activity, sexual orientation, political persuasion, physical handicap, family status (including common-law relationship), parental status or job classification as defined by the Ontario Human Rights Code.

6.02 Neither party to the Collective Agreement condones sexual harassment by any

employee, whether in the Bargaining Unit or not. 6.03 In the event that an employee has a complaint regarding the above, the parties

agree that such complaint will be addressed through the Human Rights Commission.

6.04 Both parties agree to cooperate fully in the investigation of any allegation of

Discrimination or Sexual Harassment, in accordance with the Employer’s policy. ARTICLE 7 - NO STRIKES OR LOCK-OUTS 7.01 There shall be no strikes or lock-outs, or interruption of work during the term of this

Agreement.

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ARTICLE 8 - TEMPORARY & PART-TIME EMPLOYEES 8.01 Definitions:

1) Full-Time Employee: all persons who have completed their probationary period and who regularly works twenty-four (24) hours or more in a week.

2) Part-Time Employee: all persons who have completed their probationary period

and who regularly work less than twenty-four (24) hours in a week.

3) Temporary Employee: all persons who work during a time specific period or who replaces an employee on leave due to sickness, authorized leave of absence or maternity leave. A temporary employee shall pay union dues provided such temporary employee is performing bargaining unit work. Temporary employees who are not compensated by the Employer are excluded from this provision.

It is agreed that temporary employees shall, if doing Bargaining Unit work, pay dues to the Union. A temporary employee is defined as including all persons hired for a specific time or replacement of employees who are suffering from illness, on leave of absence or on maternity leave. The time period shall not exceed six (6) months. This period may be extended upon mutual agreement. Temporary employees shall be covered by all provisions of the Collective Bargaining Agreement, save and except:

1) the right to apply for a posted position to the end of their term/contract; this

will not disentitle a temporary employee from applying and being considered for a vacancy once the job posting procedure is completed and there are no successful applicants;

2) the right to grieve their termination at the end of the term/contract;

3) the right to any of the employee benefits and pension plan as defined in Appendix “B”.

8.02 Part-time employees who work regularly less than twenty-four (24) hours per week

will not be eligible for benefits defined under Vacation, Statutory Holidays, Sick Leave, Employee Benefit Plan and Pension, Special Leave, General Leave and Election Leave, except for Holidays provided for under any legislation

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ARTICLE 9 - TEMPORARY AND PEMANENT POSITIONS 9.01 1) in the event a temporary employee is employed in a temporary position for a

period of twelve (12) continuous months, such temporary position shall be posted as a permanent vacancy in accordance with the job posting provisions of the Collective Agreement.

2) in the event a temporary position is posted as a permanent vacancy and

no full-time or part-time employee is awarded the job, the temporary employee performing the work shall be awarded the job provided such employee possesses the qualifications to perform the work.

3) a temporary position created as a result of an absence of a full-time

employee or a part-time employee shall be filled in accordance with Article 14.02 of the Collective Agreement.

4) in filling a temporary position, the Employer shall give preference to full-

time employees, followed by part-time employees prior to offering the position to temporary employees.

ARTICLE 10 - PROBATIONARY PERIOD 10.01 Newly hired employees shall be on a probation period for the first six (6) months of

employment from the date of hire. 10.02 During the probationary period, an employee shall be evaluated and shall receive a

written assessment of his work performance towards the end of the third (3rd) and fifth (5th) month of employment. During this period, the employee may be terminated without assigning cause, provided that assessments have been received according to the above schedule.

10.03 The dismissal or discharge of a probationary employee shall not be the subject of a

grievance, except as to whether or not there has been compliance with Article 9.02. ARTICLE 11 - GRIEVANCE PROCEDURE 11.01 It is the mutual desire of the parties hereto that any complaint or cause for

dissatisfaction ensuing between an employee(s) and the Employer with respect to the application, interpretation or alleged violation of this Agreement shall be adjusted as quickly as possible.

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11.02 It is generally understood that an employee has no complaint or grievance until he/she, either directly or through the Union, has first given his/her immediate Supervisor an opportunity to adjust the complaint.

11.03 If, after registering the complaint with the Supervisor and such complaint is not

settled within five (5) regular working days or within any longer period which may have been agreed to by the parties, then the following steps of the Grievance Procedure may be invoked:

Step No. 1:

The employee may submit a written grievance signed by the employee to his immediate Supervisor. The grievance shall identify the nature of the grievance, the Articles alleged to have been violated and the remedy sought. The Supervisor will deliver his decision in writing within five (5) working days following the day on which the grievance was presented to him. Failing settlement, then Step No. 2 may be invoked.

Step No. 2:

Within five (5) working days following the decision under Step No. 1, the employee may submit the written grievance to the Executive Director who will deliver his decision in writing within five (5) working days from the date on which the written grievance was presented to him. The parties may, if either party so desires, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then Step No. 3 may be invoked.

Step No. 3:

Within five (5) working days following the decision in Step No. 2, the grievance may be submitted in writing to the President of the Board. A meeting will then be held between the President or his designee and the Grievance Committee within five (5) working days of the submission of the grievance at Step No. 3, unless extended by agreement of the parties. It is understood and agreed that a Representative of the Union and the grievor may be present at the meeting. The decision of the President shall be delivered in writing within five (5) working days following the date of such a meeting.

11.04 Termination or Suspension Grievance:

A claim by an employee that he/she has been discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. 2 within five (5) working days after the date of the discharge or suspension is effected.

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11.05 Union Grievance:

Where a dispute involving a question of general application or interpretation occurs, or when a group of employees or the Union has an alleged grievance, Step No. 1 of this Article may be by-passed. It is expressly understood however that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby by-passed.

11.06 Employer Grievance:

It is understood that the Employer may request a meeting with the Union to discuss a grievance with respect to the conduct of the Union, which meeting shall take place within five (5) working days of the request. If such a grievance is not settled to the satisfaction of the Employer within five (5) working days of the meeting with the Union, it may be referred to Arbitration within five (5) working days thereafter.

ARTICLE 12 - ARBITRATION 12.01 Failing settlement under the foregoing procedure of any grievance between the

parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, such grievance may be submitted to Arbitration as hereinafter provided. If no written request for Arbitration is received within eighteen (18) working days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned.

12.02 All agreements reached under the Grievance Procedure between the Employer and

the Union will be final and binding upon the Employer and the Union, and the employees.

When either party requests that any matter be submitted to Arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement and at the same time, provide suggestions for Arbitrators. Within eight (8) working days of receipt of such notice, the other party shall provide its choice for an Arbitrator.

12.03 If the parties are unable to agree upon such an Arbitrator within a period of thirty

(30) calendar days, either party shall then request the Minister of Labour for the Province of Ontario to appoint an Arbitrator.

12.04 No matter may be submitted to Arbitration which has not been properly carried

through all requisite steps of the Grievance Procedure.

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12.05 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.

12.06 In case of discipline and/or discharge, the Arbitrator shall have the right to modify

such penalty. 12.07 The proceedings of the Arbitration will be expedited by the parties hereto and the

decision of the Chairman will be final and binding upon the parties hereto, and the employee or employees concerned.

12.08 Each of the parties hereto will share equally the fees and expenses, if any, of the

Arbitrator. 12.09 The time limits set out in the Grievance and Arbitration Procedures herein are

mandatory and failure to comply with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned, subject only to the provisions of Section 48(16) of the Labour Relations Act.

ARTICLE 13 - DISCHARGE, SUSPENSION AND DISCIPLINE 13.01 Warning:

Whenever the Employer or its authorized Agent deem it necessary to censure an employee in a manner indicating that dismissal may follow any further infraction or may follow if such employee fails to bring his work up to a require standard by a given date, the Employer will present the censure in written form to the employee. The employee will have the right to have a Union Steward present if the above censure is given in person.

13.02 Evaluation Report:

Evaluations will be completed at determined intervals and will assess the professional development so that the administrative needs of the Employer and the employees are met. These evaluation forms will be the evaluation developed jointly between the Employer and the Union, and will take place immediately following the completion of an employee’s probationary period six (6) months after date of hire and each year thereafter. Evaluations will also take place after an employee is rehired, promoted, recalled after layoff and upon termination of employment. All evaluations will be signed by the employee and a designate of the Employer, and will be in the employee’s file. Employees will have the right to address their

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concerns in writing on the evaluation form. Employees with five (5) or more years of service in the same position shall be evaluated in two (2) year intervals.

13.03 Right to have a Steward Present:

An employee shall have the right to have his Steward or Unit Chair, present at any discussion with Supervisory Personnel which the employee believes might be the basis of disciplinary action. Where a Supervisor intends to interview an employee for disciplinary purposes, the Supervisor shall notify the employee in advance of the purpose for the interview in order that the employee may contact his Steward or Unit Chair to be present at the interview.

A Steward or the Unit Chair shall have the right to consult with the Staff Representative of the International Union and to have him present at any discussion with Supervisory Personnel which might be the basis of disciplinary action.

13.04 Access to Personnel File:

An employee shall have the right, upon reasonable notice and in the presence of the Executive Director, of access to and review of his personnel file only and shall have the right to respond in writing to any document contained therein. Such reply shall become part of the permanent record. The personnel file shall become part of the permanent record. The personnel file shall not be removed from the office of the Executive Director. Subject to the discretion of the Executive Director and provided the contents do not deal with client confidential matters, a copy of a document may be obtained by the employee.

ARTICLE 14 - SENIORITY 14.01 Seniority Defined:

Seniority is defined as the length of continuous service in the employ of the Employer and shall be a factor in determining preference of priority for promotion, layoff, transfer, demotion, reduction of the workforce, recall, leave of absence, vacation and as set out in other provisions of this Agreement.

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14.02 Calculation of Seniority

1) Full-time employees and Part-time employees shall be credited with seniority for the date of hire.

2) Temporary employees shall accumulate seniority on the basis of hours worked

during a period of continuous service. One year of seniority shall be equal to 1820 hours worked.

3) In the event a temporary employee is awarded a full-time or a part-time position,

a seniority date shall be established on the basis of years, months and days of continuous employment.

14.03 Seniority List:

The Employer shall maintain a seniority list showing the date upon which each employee’s service commenced, or the number of hours worked, as the case may be. An up-to-date list shall be sent to the Union and posted at the Employer’s premises in January of each year.

14.04 Loss of Seniority:

An employee shall not lose accrued seniority rights if he is absent from work because of sickness, disability, accident, layoff or leave of absence approved by the Employer. An employee shall only lose seniority and shall be deemed terminated in the event:

1) he is discharged for just cause and is not reinstated;

2) he resigns in writing;

3) he fails to return to work within ten (10) working days following a layoff, after

receiving notice by registered mail to do so or any other reason accepted by the Employer;

4) he is laid off for a period representing length of employment to a maximum of

three (3) years;

5) If he is absent in excess of four (4) days without proper cause. 6) If he is absent from work due to illness or disability on long-term disability for

a period of more than twenty-four months.

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14.05 Rights of Part-Time Employees Part-Time employees have the right to replace full-time employees who are on

authorised leave of absence, vacations and all other occasions. 14.06 In the event a full-time employee occupies a temporary position, such employee

shall retain their full-time status and his entitlement to the Benefits and Pension as outlined in Appendix “B”.

ARTICLE 15 - JOB POSTINGS 15.01 Full-time employees shall be given preference over part-time employees and

temporary employees for any vacancies which may occur. 15.02 When a job vacancy occurs or a new position is created, the Employer shall

immediately notify the Union in writing and post notice of the position on a Bulletin Board for a minimum of one (1) week. The position will be posted within one (1) week of vacancy.

15.03 Information in Postings:

1) The job posting notice shall contain the following information: job title, duties, qualifications (including aptitudes and experience) and salary rate or range.

2) The job shall be awarded according to seniority and qualifications. Qualifications

(including aptitudes and experience) may not be established in an arbitrary or discriminatory manner.

15.04 No Outside Advertisement:

A new employee shall not be hired to fill a vacancy until the applications of present Bargaining Unit members have been fully processed.

ARTICLE 16 - ROLE OF SENIORITY IN PROMOTIONS,

TRANSFERS AND RECALL AFTER LAYOFFS 16.01 The parties recognize:

1) the principal of promotion within the service of the Employer;

2) that job opportunity potential should increase in proportion to length of continuous service.

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In making staff changes, transfers, promotions and recall after layoff, the seniority and qualifications of an employee (including aptitude and experience) shall be the determining factor. Appointments from within the Bargaining Unit shall be made according to Section 14.01. Where a salary increase applies in such an appointment, such increase will be made upon commencing the job and in any event, not later than two (2) weeks.

16.02 Trial Period:

Subsequent to the employee’s acceptance of an appointment, such appointment will be conditional on satisfactory performance by the employee for a period of up to six (6) months. In the event that the employee is unable to satisfy the conditions of the appointment or if, within that period, the employee may have been affected by such appointment, he will be restored to his former position and salary with no loss in Bargaining Unit seniority.

16.03 Notification to Employee and Union:

Within three (3) days of the date of appointment to a vacant position, the name of the successful applicant shall be posted on a Bulletin Board.

ARTICLE 17 - LAYOFFS AND RECALLS 17.01 Definition of Layoff:

A layoff shall be defined as a lack of work necessitating a reduction in the workforce. Should a layoff situation arise, the Employer will discuss with the Union the most desirable approach of dealing with the matter in the interests of both the employees and the Employer.

17.02 Role of Seniority in Layoffs:

Both parties recognize that job security should increase in proportion to length of continued service. Therefore, in the event of a layoff, the seniority and qualifications of an employee (including aptitude a nd experience) shall be factors in determining the order of layoff. It is also agreed that temporary employees shall be the first to be layed off, followed by part-time employees prior to any full-time employee is layed off.

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17.03 Recall Procedure:

Employees shall be recalled in the reverse order of layoff, provided that they are qualified to do the work.

17.04 No New Employees:

New employees shall not be hired until those laid off have been given an opportunity of recall, subject to their being qualified for the work available.

17.05 Advance Notice of Layoff:

The Employer shall notify employees who are to be laid off thirty (30) working days prior to the effective day of layoff. If the employee has not had the opportunity to work thirty (30) full days after notice of layoff, he shall be paid in lieu of work for the days for which work was not available.

17.06 Grievance on Layoffs and Recalls:

Grievances concerning layoffs and recalls shall be initiated at Step No. 2 of the Grievance Procedure.

ARTICLE 18 - HOURS OF WORK 18.01 The following sections and paragraphs are intended to define the normal hours of

work and shall not be construed as a guarantee of hours of work per day, per week.

The normal work week shall consist of thirty-five (35) hours per week, seven (7) hours per day, Monday to Friday, inclusive. The normal hours of work shall be from 8:30 a.m. to 4:30 p.m. with a one (1) hour lunch break. The employee’s daily schedule may vary, subject to the agreement of the immediate Supervisor. During the period from July 1st to August 31st, the normal hours of work shall be varied to provide for five (5) to six and one-half (6 1/2) hour days between 8:30 a.m. and 4:00 p.m. The employee’s daily schedule may vary, subject to the agreement of the immediate Supervisor.

18.02 Paid Rest Period:

All employees shall be given a paid rest period of fifteen (15) minutes in the first and second half of their daily schedule or at the first convenient opportunity.

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ARTICLE 19 – FLEX TIME 19.01 Overtime is not permitted. Hours worked in excess of the normal hours of work,

seven (7) hours in a day or thirty-five (35) hours in a week, shall be considered flex time.

19.02 Each employee shall be responsible for managing their hours of work, in

consultation with his immediate supervisor, in an effort to balance the work schedule and ensure the professional delivery of service and to meet client needs and the needs of the programs.

19.03 Employees must take any accumulated flex time during the month in which the flex

time was accumulated, but in any event, flex time must be taken by the end of the tenth (10 th) work day of the following month.

ARTICLE 20 - HOLIDAYS 20.01 There shall be fifteen (15) statutory holidays each calendar year as follows, to be

observed from Monday to Friday, inclusive:

New Year’s Eve Canada Day New Year’s Day Civic Holiday (August) Day after New Year’s Day Labour Day Family Day Thanksgiving Day Good Friday Remembrance Day Easter Monday Christmas Eve Day Victoria Day Christmas Day Boxing Day

20.02 The Employer will also grant, as a paid holiday, any other day declared or

proclaimed as a compulsory holiday by the Ontario or Federal Governments. 20.03 Compensation for Holidays on Saturday or Sunday:

1) Except as provided in 2) below, there shall be no compensation for holidays on Saturday or Sunday, except as provided by law. In the event that one (1) or more statutory holidays fall on a Saturday or Sunday, one (1) of those holidays may be converted to a floating holiday.

2) In the event Remembrance Day falls on a Saturday or Sunday, the Employer

shall observe the following Monday as the holiday.

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20.04 Pay for Regularly Scheduled Work on a Holiday:

An employee who is not scheduled to work on the above holidays shall receive holiday pay equal to one (1) day’s pay. An employee who is scheduled to work shall be paid at the regular rate and shall receive another day off with pay at a mutually agreed time between the employee and his immediate supervisor.

ARTICLE 21 - VACATIONS 21.01 1) In order to ensure the efficiency of operations, reasonable advance notice

must be given to the immediate Supervisor with respect to requests for vacation approvals.

2) In the matter of scheduling vacations, the preference of employees will be

given consideration by the Employer with due regard to seniority and the efficient operation of each program.

3) The vacation year will extend from the employee’s anniversary date each

year for the purpose of calculating vacation credits.

4) Vacation time will be earned at the rate of one and two-thirds (1 2/3) days per month or twenty (20) days after one (1) year of service. Employees with five (5) consecutive years of service will receive twenty-five (25) days’ vacation. Employees with ten (10) consecutive years of service will receive thirty (30) days’ vacation. Employees with fifteen (15) consecutive years of service will receive thirty-five (35) days’ vacation.

5) Normally, vacation time may not be postponed from one (1) year to the next.

Requests for deviations must be submitted to the Executive Director, together with the justification for the requests. In no case will carry-overs be approved which exceed one (1) year’s vacation credits.

6) The Employer may, after the employee’s completion of one-half (1/2) of a year, grant him one-half (1/2) of his vacation that is due to him, under this Article.

7) Employees will be entitled to take a maximum of twenty-five (25) consecutive

days of vacation, holidays, etc., including any banked hours.

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21.02 Preference:

Full-time regular employees shall be given priority in vacation allotment over part-time employees while maintaining the integrity of each program.

21.03 Vacation Pay:

Vacation pay shall be fully paid to the employees before leaving for such vacation period.

An employee will receive two percent (2%) vacation pay based on the previous year’s gross earnings, per week of entitlement.

21.04 Compensation for Holidays Falling Within Vacation S chedule:

If a paid holiday falls on or is observed during an employee’s vacation period, he shall be allowed an additional vacation day with pay at a mutually agreed time.

21.05 Vacation Pay on Termination:

An employee terminating employment at any time prior to using his vacation shall be entitled to a proportionate payment of salary in lieu of such vacation prior to termination.

21.06 Approved Leave of Absence During Vacation:

Where an employee becomes seriously incapacitated and/or hospitalized during his period of vacation or would normally be entitled to bereavement or other leave during this time, there shall be no deduction from vacation time for such absences with presentation of a medical certificate or pertinent proof. The period of vacation so displaced shall be used at a later date, at the employee’s option, subject to the operational requirements of the Employer.

ARTICLE 22 - SICK LEAVE PROVISIONS 22.01 Sick Leave Defined:

Sick leave is the period of time a full-time or part-time employee is absent from work due to illness or disability, or because of an accident for which compensation is not payable under the Workers’ Compensation Act.

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All Bargaining Unit members are required to promptly advise or cause to be advised their immediate Supervisor of their absence from work due to illness.

Frequent absences for sick leave may be cause for review by the immediate Supervisor with the employee.

22.02 Deduction from Sick Leave:

Sick days shall be used to cover time off due to illness (exclusive of statutory holidays due to absence because of illness).

22.03 Proof of Illness:

An employee may be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness.

22.04 Sick Leave Credits:

1) Sick leave credits shall accumulate at the rate of one and one-half (1 1/2) days per month or eighteen (18) days per year. These days can be accumulated to a maximum of thirty-eight (38) days but may only be used as sick days and not for the purpose of receiving pay-out for days not utilized for sickness.

2) Any employee who is off on paid sick leave shall not lose any credits

regarding vacation and statutory holidays. ARTICLE 23 - LEAVE OF ABSENCE 23.01 Public Office:

The Employer recognizes the right of an employee to participate in public affairs. Upon written request, the Employer shall consider granting leave of absence without pay of up to three (3) months so that the employee may be a candidate in Federal, Provincial or Municipal elections.

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23.02 Paid Bereavement Leave:

1) An employee shall be granted five (5) regularly scheduled consecutive work days’ leave, including the day of the funeral, without loss of pay or benefits in the case of death of a parent, spouse (including common-law spouse), brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandchild or any other member of the family who has been residing in the same household and from whom an employee is required to administer bereavement responsibilities.

For the purpose of sub-paragraph (a) above, spouse shall apply to a member of the Bargaining Unit involved in a same-sex relationship of some permanence.

2) An employee shall be granted three (3) consecutive working days’ leave of

absence, including the day of the funeral, without loss of pay or benefits in the case of extended family members (niece, nephew, cousin, aunt, uncle, brother-in-law, sister-in-law).

3) An employee shall be granted one (1) working day’s leave on the day of the

funeral of a co-worker at “Sudbury Family Services”. 23.03 Negotiation Pay Provisions:

Two (2) Representatives of the Union shall not suffer any loss of pay or benefits for time involved in negotiations with the Employer, including the Conciliation Stage.

23.04 Grievance Pay Provisions:

Representatives of the Union shall not suffer any loss of pay or benefits for time involved in joint grievance meetings, including Section 49 of the Ontario Labour Relations Act as amended from time to time.

23.05 Maternity Leave:

Maternity leave shall be granted in accordance with the Employment Standards Act of Ontario. The Employer shall not deny the pregnant employee the right to continue employment during the period of pregnancy.

23.06 Length of Maternity Leave:

Maternity leave shall be without pay and shall cover a total period of up to one (1) year before and/or after the birth of a child.

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23.07 Maternity/Adoption/Parental Top-Up

Employees who are off on Maternity/Adoption/Parental Leave and in receipt of Employment Insurance benefits will receive a top up equal to fifty dollars ($50.00) per week for full-time employees and twenty-five dollars ($25.00) per week for part-time employees. Such employees will receive the top-up during the time they are in receipt of U.I.C. benefits, not to exceed fifteen (15) weeks for Maternity/Adoption and eight (8) weeks for Parental Leave.

23.08 Employer Payment of Maternity Benefits During Mater nity Leave:

While on maternity leave, an employee shall retain her full employment status. During the period of maternity leave, the Employer shall continue to pay the Employer’s portion of hospital, medical, group life insurance and other benefits under this Agreement, for up to one (1) year of such leave.

23.09 Procedure Upon Return from Maternity Leave:

When an employee decides to return to work after maternity leave, she shall provide the Employer with at least four (4) weeks’ notice. On return from maternity leave, the employee shall be placed at least in her former position. If the former position no longer exists, she shall be placed in an equivalent position.

23.10 Adoption Leave:

Adoption leave shall be given in accordance with the Employment Standards Act. 23.11 Parental Leave:

Parental leave shall be granted in accordance with current provisions of the Employment Standards Act.

23.12 Paid Jury or Court Witness Duty Leave:

The Employer shall grant leave of absence without loss of pay or seniority benefits to an employee who serves as juror or a subpoenaed witness in any court. The employee will present proof of service and give the Employer the amount of pay received. Time spent by an employee required to serve as a court witness in any matter arising out of employment shall be considered as time worked at the appropriate rate of pay.

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23.13 Special Leave:

Employees shall be allowed leave of absence with pay and without loss of seniority and benefits for the following reasons:

a) Marriage of an employee ...................................................... three (3) days. b) Serious flood or fire in employee’ s household............ up to three (3) days.

23.14 General Leave:

An employee shall be entitled to a leave of absence with pay for up to five (5) days per calendar year for special reasons, with permission from his Employer, and without loss of seniority when he requests such leave for good and sufficient cause. Such leave shall be in writing and approved by the Executive Director.

23.15 Election Leave:

An employee will be granted a leave of absence of three (3) consecutive hours prior to the closing of the polls in the case of a Municipal or Provincial Election and four (4) consecutive hours in the case of a Federal Election. This leave will be without loss of pay or benefits.

23.16 Staff Training and Development:

Staff training is seen as the essential preparation for tasks to be performed within the Employer’s programs and services for which the Employer bears the responsibility. Staff development is an on-going process of professional growth and updating which is the responsibility of both the employee and the Employer.

23.17 Educational Advancement:

The Employer may grant a leave of absence with or without pay to an employee in order to take a course which will relate to the employee’s work and where the course is seen not only to upgrade the employee but is also a clear benefit to the Employer. The cost of such course may be paid by the Employer upon successful completion of the course, as mutually agreed between the Employer and the employee. If the employee is required to upgrade his education by the Employer, it will be with full pay and benefits.

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23.18 Personal Leave of Absence

Written requests for a personal leave of absence without pay will be considered on an individual basis by the Employer. Such requests are to be submitted as far in advance as possible and a written reply will be given within 14 days, except in cases of emergency, in which case a reply will be given as soon as possible. Such leave shall not be unreasonably withheld. Personal leaves shall not exceed one (1) years’ duration.

ARTICLE 24 - PAYMENT OF WAGES AND ALLOWANCES 24.01 Pay Days:

The Employer shall pay salaries every second (2nd) Thursday. On each pay, each employee shall be provided with an itemized statement of his salary and deductions.

24.02 Mileage Allowance:

1) The mileage rate paid to an employee using his or her own automobile for the Employer’s business shall be thirty-six cents ($0.36) per kilometer.

2) All mileage shall be calculated from the first day to the last day of each

month.

3) The Employer will pay the cost of a room and forty dollars ($40.00) per day for meals for any employee who is performing work on behalf of the Employer outside the Regional Municipality of Sudbury.

The breakdown for meals is as follows:

Breakfast ......................................................................eight dollars ($8.00) Lunch....................................................................... twelve dollars ($12.00) Dinner ...................................................................... twenty dollars ($20.00)

ARTICLE 25 - JOB CLASSIFICATION 25.01 Job Description:

The Employer agrees to provide job descriptions for all positions within the Bargaining Unit within six (6) months of the signing of this Agreement.

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25.02 No Elimination of Present Classifications:

Existing classifications shall not be eliminated or changed without prior notice to the Union.

25.03 Establishment of Revised Position:

It is the responsibility of the Employer to prepare a revised job description for any substantially changed job and to discuss it with the Union. In evaluating jobs, the same date, criteria and methods shall be used in determining salary levels, as have been applied to existing positions.

ARTICLE 26 - WAGES AND BENEFIT PLAN 26.01 The Employer agrees to pay and the Union agrees to accept, for the term of this

Agreement, the wages as shown in Appendix “A” attached hereto and made part of this Agreement.

R.R.S.P.: Employees become eligible to the R.R.S.P. upon being hired. 26.02 The Employer agrees to provide and the Union agrees to accept the Benefit Plan

outlined in Appendix “B” attached hereto and made part of this Agreement. Employees will become entitled to the Benefit Plan immediately following completion of three months of continuous employment.

ARTICLE 27 - HEALTH AND SAFETY 27.01 The Employer and the Union agree to co-operate in the promotion and improvement

of health and safety, and comply with the Health & Safety Act that is applicable to our Agency.

ARTICLE 28 - JOB SECURITY 28.01 No jobs shall be removed from the Bargaining Unit by virtue of contracting out. If

any job has to be contracted out, the Employer shall notify the Union and a discussion shall be held in order to mutually agree on what is best for the Employer and employee involved.

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ARTICLE 29 - EFFECT OF ABSENCE 29.01 It is understood that the accumulation of and improvements of benefits found in

Articles 19, 20, 21, and the advancement on the salary grid, is based on the accumulation of continuous service. Service of an employee shall be deemed interrupted during an absence without pay exceeding thirty (30) consecutive days and will be interrupted for the entire period of absence.

ARTICLE 30 - HUMANITY FUND 30.01 The Employer agrees to deduct the amount of four dollars and fifty-five cents ($4.55)

from every employee, every three (3) months. The Employer will submit that amount and its matched contribution to the ‘Humanity Fund’ , United Steelworkers’ National Office in Toronto. The Employer will also submit a list of names of the employees on whose behalf such payment was made. All employee deductions are voluntary and may be cancelled upon request.

ARTICLE 31 - GENERAL CONDITIONS 31.01 Bulletin Boards:

The Employer shall provide Bulletin Boards which shall be placed in a manner so that all members of the Bargaining Unit will have access to them and upon which the Union shall have the right to post notices of meetings and other pertinent Union business. Other notices will not be posted without having prior authorization of the Employer. No notice shall be posted which is contrary to the spirit and philosophy of Le Centre de Counselling de Sudbury .

ARTICLE 32 - COPIES OF AGREEMENT 32.01 The Union and the Employer desire every employee to be familiar with the

provisions of this Agreement and his rights and obligations under it. For this reason, the Union and the Employer shall reproduce sufficient copies of the Agreement within thirty (30) days of signing of this Agreement and the parties shall share in the translation cost of the Agreement from English to French.

32.02 The masculine pronouns throughout the Agreement are used for succinctness and

refer to both females and males. It is agreed that the French rendering of this Collective Agreement represents the official version in matters therein.

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ARTICLE 33 - DURATION OF AGREEMENT 33.01 This Agreement shall be in effect from April 1st, 2010 and shall remain in effect until

March 31st, 2013 and unless either party gives notice to the other in writing of termination of or desire to amend the Agreement, then it shall continue in effect for a further year without change and so on from year to year thereafter.

33.02 Notice that amendments are required or that either party intends to terminate this

Agreement may only be given within a period of not more than ninety (90) days prior to the expiration of the Agreement or any anniversary date of such expiration date.

33.03 When notice of amendments is given by either party, the other party agrees to meet

the notifying party within a period of sixty (60) days from the termination date of the Agreement and commence negotiations, and amendments.

Signed and dated in Sudbury, this day o f , 2010. FOR THE AGENCY: FOR THE UNION: Service Familial de la Région de Sudbury Inc. United Steelworkers _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

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APPENDIX “A” SALARY GRID REVISED APRIL 1, 2007

APRIL 1, 2010TO MARCH 31, 2012

1

2

3

4

5

Secretary-Receptionist Counsellor (College Diplomat) Counsellor (B.S.W.*) Counsellor (M.S.W.*)

$36,437 $37,014 $43,057 $52,664

$37,851 $39,141 $45,185 $53,741

$39,270 $41,266 $47,308 $54,813

$43,392$49,436 $55,891

$45,517 $51,561 $56,915

APRIL 1, 2010TO MARCH 31, 2012

1

2

3

4

5

Secretary-Receptionist Counsellor (College Diplomat) Counsellor (B.S.W.*) Counsellor (M.S.W.*)

$37,166 $37,754 $43,918 $53,717

$38,608 $39,924 $46,089 $54,815

$40,055 $42,091 $48,254 $55,909

$44,260$50,424 $57,009

$46,427 $52,592 $58,053

*or equivalent

It is understood and agreed that, following successful completion of the probationary period, an employee will progress to the next step on the wage grid following each year of service with the

Agency

Effective April 1, 2012, the Centre agrees to pay a one time lump sum payment of $500.00 to each permanent full-time employee and a pro-rated a mount to each permanent part-time

employee no later than April 30, 2012.

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APPENDIX “B” EMPLOYEE BENEFITS PLAN The Employer will pay one hundred percent (100%) of the premium cost for an Insurance package, including the following: a) Life Insurance - two hundred percent (200%) of basic annual earnings b) Dental Care c) Vision Care* Effective April 1, 2012, increase the Vision Care t o $200.00 d) Health Guard e) Accidental Death & Dismemberment f) Semi-private or private Hospital accommodations are paid by Insurance The employees will pay one hundred percent (100%) of the premium for Long-Term Disability. Subject to approval by the Insurance Carrier, the Employer will endeavour to negotiate with a local Pharmacy a charge-direct system rather than having employees pay for their prescriptions and being reimbursed by the Insurance Company. Employees are eligible to the Pension Plan upon hire, however, all other Health benefits will commence after three (3) months of employment with the Employer. *The Employer agrees to reimburse employees 100% of the cost of eye exams every twenty-four (24) months for employees and their dependents between the age of 24 and 65 to a maximum of $75.00 each. *Effective April 1, 2012, the Employer agrees to reimburse employees 100% of the cost of eye exams every twenty-four (24) months for employees and their dependents between the age of 24 and 65 to a maximum of $90.00 each. PENSION PLAN: The parties agree to implement a Group Registered Retirement Savings Plan. The Plan will be set up and administration will be the responsibility of a Joint Committee made up of one (1) member from Management and one (1) employee in the Bargaining Unit. The Employer agrees to contribute 3% of an employees salary toward an employees R.R.S.P. provided the employee contributes a minimum of 1.5% of her/his salary.

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EFFECT OF ABSENCE: During an absence without pay exceeding thirty (30) days, the Employer will cease to pay its share of premiums as required above during the period that exceeds this thirty (30) days. The employee reserves these benefits, providing he agrees to pay the entire premiums. Employees on maternity leave will continue to have the Employer’s share of premiums paid for one (1) year. Employees off due to illness or injury will continue to have the Employer’s share of premiums paid while they are off work to a maximum of twenty-four (24) months. The Employer agrees to use it’s best efforts to obtain Group Insurance coverage which will include same sex spouse. Effective April 1, 2012, upon submission of a recei pt, the Employer agrees to reimburse employees to a maximum of $100.00 toward enrolment in health and wellness facility (gym membership).

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COLLECTIVE AGREEMENT

between: LE CENTRE de COUNSELLING de SUDBURY and

UNITED STEEL, PAPER and FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL and

SERVICE WORKERS INTERNATIONAL UNION (UNITED STEELWORKERS)

APRIL 1, 2010 - MARCH 31, 2013

TABLE OF CONTENTS ARTICLE 1 - PURPOSE OF AGREEMENT ............................................................................ 1 ARTICLE 2 - UNION RECOGNITION ...................................................................................... 1 ARTICLE 3 - MANAGEMENT RIGHTS ................................................................................... 2 ARTICLE 4 - UNION SECURITY .............................................................................................. 2 ARTICLE 5 - UNION REPRESENTATIVE .............................................................................. 3

Meetings ........................................................................................................................... 3 Union Representative ................................................................................................... 3 Recognition ..................................................................................................................... 4 Leave for Union Business ........................................................................................... 4

ARTICLE 6 - NO DISCRIMINATION/FAVOURITISM ............................................................ 4 ARTICLE 7 - NO STRIKES OR LOCK-OUTS ........................................................................ 4 ARTICLE 8 - TEMPORARY & PART-TIME EMPLOYEES .................................................. 5 ARTICLE 9 - PROBATIONARY PERIOD ................................................................................ 6 ARTICLE 10 - GRIEVANCE PROCEDURE ............................................................................ 6

Step No. 1 ......................................................................................................................... 7 Step No. 2 ......................................................................................................................... 7 Step No. 3 ......................................................................................................................... 7 Termination or Suspension Grievance .................................................................... 7 Union Grievance ............................................................................................................. 8 Employer Grievance ...................................................................................................... 8

ARTICLE 11 - ARBITRATION ................................................................................................... 8 ARTICLE 12 - DISCHARGE, SUSPENSION AND DISCIPLINE ......................................... 9

Warning ............................................................................................................................ 9 Evaluation Report .......................................................................................................... 9 Right to have a Steward Present ............................................................................. 10 Access to Personnel File ........................................................................................... 10

ARTICLE 13 - SENIORITY ....................................................................................................... 10 Seniority Defined .......................................................................................................... 10 Seniority List ................................................................................................................. 11 Loss of Seniority .......................................................................................................... 11

ARTICLE 14 - JOB POSTINGS .............................................................................................. 12 Information in Postings .............................................................................................. 12 No Outside Advertisement ........................................................................................ 12

ARTICLE 15 - ROLE OF SENIORITY IN PROMOTIONS, TRANS FERS AND RECALL

AFTER LAYOFFS .......................................................................................................... 12 Trial Period .................................................................................................................... 13 Notification to Employee and Union ....................................................................... 13

ARTICLE 16 - LAYOFFS AND RECALLS ............................................................................ 13 Definition of Layoff ...................................................................................................... 13 Role of Seniority in Layoffs ....................................................................................... 13 Recall Procedure .......................................................................................................... 14

No New Employees ...................................................................................................... 14 Advance Notice of Layoff ........................................................................................... 14 Grievance on Layoffs and Recalls .......................................................................... 14

ARTICLE 17 - HOURS OF WORK ......................................................................................... 14 Paid Rest Period ........................................................................................................... 14

ARTICLE 18 - OVERTIME ....................................................................................................... 15 ARTICLE 19 - HOLIDAYS ........................................................................................................ 15

Compensation for Holidays on Saturday or Sunday .......................................... 15 Pay for Regularly Scheduled Work on a Holiday ................................................ 16

ARTICLE 20 - VACATIONS ..................................................................................................... 16 Preference ...................................................................................................................... 17 Vacation Pay .................................................................................................................. 17 Compensation for Holidays Falling Within Vacation S chedule ...................... 17 Vacation Pay on Termination .................................................................................... 17 Approved Leave of Absence During Vacation ..................................................... 17

ARTICLE 21 - SICK LEAVE PROVISIONS .......................................................................... 17 Sick Leave Defined ...................................................................................................... 17 Deduction from Sick Leave ....................................................................................... 18 Proof of Illness .............................................................................................................. 18 Sick Leave Credits ....................................................................................................... 18

ARTICLE 22 - LEAVE OF ABSENCE .................................................................................... 18 Public Office .................................................................................................................. 18 Paid Bereavement Leave ........................................................................................... 19 Negotiation Pay Provisions ....................................................................................... 19 Grievance Pay Provisions ......................................................................................... 19 Maternity Leave ............................................................................................................ 19 Length of Maternity Leave ......................................................................................... 19 Employer Payment of Maternity Benefits During Mater nity Leave ................. 20 Procedure Upon Return from Maternity Leave .................................................... 20 Adoption Leave ............................................................................................................. 20 Parental Leave .............................................................................................................. 20 Paid Jury or Court Witness Duty Leave ................................................................. 20 Special Leave ................................................................................................................ 21 General Leave ............................................................................................................... 21 Election Leave .............................................................................................................. 21 Staff Training and Development .............................................................................. 21 Educational Advancement ......................................................................................... 21

ARTICLE 23 - PAYMENT OF WAGES AND ALLOWANCES ........................................... 22 Pay Days ......................................................................................................................... 22 Mileage Allowance ....................................................................................................... 22

ARTICLE 24 - JOB CLASSIFICATION ................................................................................. 22 Job Description ............................................................................................................ 22 No Elimination of Present Classifications ............................................................ 23 Establishment of Revised Position ......................................................................... 23

ARTICLE 25 - WAGES AND BENEFIT PLAN ..................................................................... 23

ARTICLE 26 - HEALTH AND SAFETY .................................................................................. 23 ARTICLE 27 - JOB SECURITY ............................................................................................... 23 ARTICLE 28 - EFFECT OF ABSENCE ................................................................................. 24 ARTICLE 29 - HUMANITY FUND ........................................................................................... 24 ARTICLE 30 - GENERAL CONDITIONS .............................................................................. 24

Bulletin Boards ............................................................................................................. 24 ARTICLE 31 - COPIES OF AGREEMENT ............................................................................ 24 ARTICLE 32 - DURATION OF AGREEMENT ...................................................................... 25 APPENDIX "A" ........................................................................................................................... 26

SALARY GRID REVISED MAY 20, 1997 .................................................................. 26 APPENDIX "C" .......................................................................................................................... 27

EMPLOYEE BENEFITS PLAN ................................................................................... 27