BETWEEN:

COLLECTIVE AGREEMENT

CSH RYMAL INC., (Hereinafter called the "Employer")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

(Hereinafter called the "Union")

July 2, 2016 - July 1, 2019

TABLE OF CONTENTS PURPOSE ....................................................................................................................... 3 ARTICLE 1 - RECOGNITION .................................................................................. ,, ...... 3 ARTICLE 2 - UNION SECURITY .................................................................................... 4 ARTICLE 3 - UNION STEWARDS AND COMMITTEES ................................................ 5 ARTICLE 4 - MANAGEMENT FUNCTIONS ................................................................... 7 ARTICLE 5 - EMPLOYEE AND UNION CO-OPERATION ...... : ...................................... 7 ARTICLE 6 - STRIKES AND LOCKOUTS ...................................................................... 8 ARTICLE 7 - GRIEVANCE PROCEDURE ...................................................................... 8 ARTICLE 8 - ARBITRATION ........................................................................................ 10 ARTICLE 9 - HEAL TH AND SAFETY ........................................................................... 12 ARTICLE 10 - LEAVE OF ABSENCE ........................................................................... 13 ARTICLE 11 - PROBATION ......................................................................................... 15 ARTICLE 12 - SENIORITY ........................................................................................... 15 ARTICLE 13-VACANCIES, JOB POSTING, PROMOTIONS AND TRANSFERS ...... 17 ARTICLE 14 - LAYOFF AND RECALL ......................................................................... 18 ARTICLE 15 - WAGES AND CLASSIFICATIONS ........................................................ 19 ARTICLE 16 - HOURS OF WORK AND OVERTIME ................................................... 19 ARTICLE 17-VACATIONS .......................................................................................... 21 ARTICLE 18- PAID HOLIDAYS ................................................................................... 22 ARTICLE 19 - HEAL TH AND WELFARE ...................................................................... 23 ARTICLE 20 - UNIFORMS ........................................................................................... 23 ARTICLE 21 - GENERAL ............................................................................................. 24 ARTICLE 22 - DURATION ............................................................................................ 25 WAGE RATES AND CLASSIFICATIONS - SCHEDULE A ........................................... 26 LETTER OF AGREEMENT ........................................................................................... 27

RE: CASUAL EMPLOYEES ...... : ............................................................................... 27

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PURPOSE

WHEREAS it is the desire of both parties to this Collective Agreement:

(a) to maintain and improve the harmonious relations and settle conditions of employment between the Employer and Union;

(b) recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions, employment, services, etc.;

(c) to encourage efficiency in operation;

(d) to promote the morale, well-being and security of all employees in the bargaining unit of the Union.

ARTICLE 1 - RECOGNITION

1.01 The Employer recognizes the United Food and Commercial Workers Canada, Local 175, as the bargaining agent of all employees of CSH Rymal Inc. located at 460 Rymal Road West, Hamilton, Ontario, save and except Sales, Marketing, Supervisors/Managers and those above the rank of Supervisor/Manager.

1 .02 The term "employee" as used in this Collective Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 1.01 above. For the purposes of interpretation, whenever the feminine gender is used in the Collective Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice-versa, wherever the context so requires.

1.03 The Employer shall not enter into any agreement of contract with those employees for whom the Union has bargaining rights, either individually or collectively.

1 .04 Co-op students and other persons who are not employed by the Employer shall not be used to perform bargaining unit work if doing so would directly result in the reduction in the hours of work of a bargaining unit employee.

1.06 Persons outside the bargaining unit shall not perform work normally performed by employees in the bargaining unit that will result in layoff of an employee in the bargaining unit. Positions excluded from the bargaining unit may continue to perform their duties and this will not be considered a violation of this article.

1.07 So long as a full-time position exists there will be no splitting of the position into two (2) or more part-time positions without the agreement of the Union, such agreement not to be unreasonably withheld.

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1.08 The Employer agrees that no bargaining unit employee shall be laid off or have a reduction of hours as a resuit of any contracting out of services presentiy performed by the bargaining unit.

ARTICLE 2 - UNION SECURITY

2.01 (a) Employees on the payroll of the Employer as of the date of ratification who are members of the Union in good standing must thereafter remain members of the Union as a condition of employment.

(b) Employees on the payroll of the Employer as of date of ratification shall become and thereafter remain members of the Union in good standing as a condition of employment.

(c) All employees of the Employer hired on or after date of ratification shall become and thereafter remain members of the Union in good standing as a condition of employment.

( d) The Employer shall remit to the Union, within fifteen (15) calendar days following date of hire the United Food and Commercial Workers International Union Membership Application Form signed by the new employee.

2.02 (a) (i) The Employer shall, during the term of this Collective Agreement, as a condition of employment, deduct from members of the bargaining unit, the regular weekly Union Dues and such Dues shall be remitted to the Union prior to the fifteenth (15th) day of the month following the month in which such deduction is made.

(ii) The Employer shall collect membership initiation fees as may be established by the Union and forward application forms and such fees to the Union with the regular monthly dues remittance.

(b) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail (remit@ufcw175.com) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel Quattro Pro, Lotus or other software program ·acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following current Information, as known by the Company.

1. S.l.N. 2. Employee number if applicable 3. Full Name (Last/First/Initials) 4. Full address, including City and Postal Code

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5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time and part-time designation 10. Union dues deducted (or the reasons a deduction was not

made). If the dues are deducted bi-weekly, report requires two (2) columns for reporting.

11. Back dues owing. 12. Initiation fees included.

(c) The Employer agrees to record the annual Union dues for each employee on his/her T 4 form.

2.03 The Union shall provide the Employer with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

2.04 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 out of, or in any way connected with the collection and remittance of such dues.

2.05 The Employer agrees to acquaint new employees with the fact that a Union Collective Agreement is in effect and with conditions of employment set out in Article 2.01 and 2.02.

ARTICLE 3 - UNION STEWARDS AND COMMITTEES

3.01 No individual employee or group of employees shall undertake to represent the Union at meetings with the Employer without proper authorization of the Union.

In order that this may be carried out, the Union will supply the Employer with the names of its Representatives. Similarly, the Employer will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business. ·

3.02 The bargaining unit employees have the right, at any time, .to have the assistance of a Representative of the United Food and Commercial Workers Union when dealing with the Employer. Upon prior notification, the Union Representative shall have access to the Employer's premises.

3.03 Any employee who so desires it, shall have the right to review his/her personnel record in the presence of the Union Steward and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. If any employee

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so affected objects to the material contained in such record such objection may be made the subject matter of a grievance and be processed in accordance with the provisions of Article 7 and Article 8 herein. Times designated by Management will be reasonable.

3.04 (a) The Union shall have the right to appoint or otherwise four (4) stewards from amongst employees within the bargaining unit who have completed thirty (30) calendar days of employment.

(b) The Union shall notify the Employer in writing of the names of each steward and, where applicable, each Committee member, before Management shall be required to recognize any person so selected.

(c) The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer and may not leave their regular duties without notifying their immediate supervisor. Each steward shall, with the consent of their supervisor, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a steward as provided in this Collective Agreement. Such consent from the supervisor shall not be unreasonably withheld.

3.05 On commencing employment, the employee's immediate supervisor shall introduce the new employee to the Union steward who will provide the new employee with a copy of the Collective Agreement.

3.06 An employee subject to suspension, discipline or discharge shall have the right to the presence of a Union Steward at the meeting to discuss the disciplinary action. In the event that a Steward is not readily available to attend a meeting and immediate action is required, the Supervisor shall arrange a meeting for the next business day to discuss the action taken.

3.07 A Negotiating Committee consisting of a Union Representative of the United Food and Commercial Workers Union and not more than two (2) bargaining unit employees appointed or elected by the Union. Employees appointed by the Union to the Negotiating Committee, who are required to be in attendance at negotiating sessions, shall be paid their regular hourly rate for any regular hours of work missed with the employer at negotiations, up to and including conciliation.

3.08 Labour Management Meetings shall be held every other month for the purpose of consultation and communication of workplace issues. Depending on the agenda, the Home will be asking the appropriate Management members to attend. The Home may invite the Chartwell Labour Representative. The Union will have no more than 3 elected or appointed representatives and the Union Representative present.

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ARTICLE 4 - MANAGEMENT FUNCTIONS

4.01 The Union recognizes and acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing it is the exclusive function of the Employer:

(a) to determine and establish standards and procedures for the care, welfare, safety and comfort of the residents

(b) to maintain order, discipline, efficiency and in connection therewith to establish and enforce reasonable rules, regulations, policies and practices from time to time to be observed by its employees; such rules will be posted on the employees' Bulletin Board with a copy supplied to the Union Committee. The Employer reserves the right to amend or introduce new rules from time to time, copies of which are to be posted on the Bulletin Board with copies to be supplied to the Union Committee;

(c) to hire, transfer, lay-off, recall, promote, demote, classify, assign duties, discharge, suspend, or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion or classification or a claim that an employee who has completed probation has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided;

(d) to have the right to plan, direct and control the work of the employees and the operations;

(e) to exercise any of the rights, powers, functions or authority which the Employer had prior to the signing of this Agreement, except as those rights, powers, functions or authorities are abridged or modified by this Agreement.

ARTICLE 5 - EMPLOYEE AND UNION CO-OPERATION

5.01 No Discrimination

The Employer agrees that there shall be no discrimination, intimidation, interference, restriction, or coercion exercised or practiced with respect to any employee in the . matter of hiring, work assignments, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, or discharge on the basis of national or ethnic origin, membership or activity in the Union, political or religious affiliation, race, creed, colour, age, disability, sexual orientation, marital or family status. The Employer also agrees to abide by applicable legislation governing any employee in the Province of Ontario.

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5.02 No Harassment

The Employer agrees that locations covered by this Collective Agreement should be free of harassment and the Parties agree to co-operate in preventing and eliminating harassment if same should occur in the locations covered by this Collective Agreement.

Grievances under this clause will be handled with all possible confidentiality and will commence at Step 2. In settling the grievance, every effort will be made to deal with and relocate the harasser, not the victim.

Harassment, discrimination and violence shall be defined by the Ontario Human Rights Code and relevant provisions of the Ontario Health and Safety Act.

ARTICLE 6 - STRIKES AND LOCKOUTS

6.01 The Employer will not cause or direct any lockout of its employees and the Union will not cause or direct any strikes, nor will employees participate in any collective action which will interfere with the operation of the Employer during the term of this Agreement.

6.02 The definitions of the terms "strike" and "lockout" as used in Section 6.01 above shall be in accordance with the Labour Relations Act.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any question as to whether a matter is arbitrable.

7.02 Step 1

It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. If an employee has an unsettled complaint regarding the interpretation; application, operation, or alleged violation of this Collective Agreement; then,

The employee and his/her steward may take the matter up with his/her immediate supervisor. The supervisor shall render his/her decision in writing within ten (10) calendar days of the receipt of the complaint.

Step 2

Failing settlement at Step 1, the steward shall submit the written grievance within ten (10) calendar days to the General Manager or his/her designate. The General Manager or his/her designate shall render his/her decision in writing to the Union

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steward and the employee within ten (10) calendar days after presentation at this Step.

Step 3

Failing settlement at Step 2, a Union Representative of the United Food and Commercial Workers Union may within ten (10) calendar days, schedule a meeting with the Employer or his/her designate. The Union steward and/or the employee may be present at such r:neeting. Upon completion of this meeting, the Employer or his/her designate. shall render his/her decision within ten (10) calendar days.

Failing settlement at Step 3, the grievance may be submitted to arbitration within thirty (30) calendar days after the decision has been received at Step 3.

7.03 Group Grievance

The Employer will recognize a group grievance as one which affects more than one employee with respect to whom the issues and facts are substantially the same.

7.04 Policy Grievance

Any differences arising directly between the Union and the Employer, relating to the interpretation, application or alleged violation of the Collective Agreement may be presented by either party as a Policy Grievance within thirty (30) calendar days after the date when the Union or Employer first became aware of the event giving rise to the grievance commencing at Step 2. It is understood, however, that the provisions of this paragraph shall not be used with respect to a grievance directly affecting an employee(s) and that the regular grievance procedure shall not be by­passed unless the employee has refused to file a grievance within the prescribed time limits after being so requested by the Union and the alleged grievance directly affects the interest of other employees.

7.05 Discipline or Suspension

No employee covered by this Collective Agreement shall be disciplined, suspended or discharged without just cause. All discipline will be conducted in a private and confidential setting.

A claim by an employee that he/she has been suspended or discharged will be treated as a special grievance commencing at Step 3 of the Grievance Procedure, provided the grievance is submitted within ten (10) calendar days after the discipline/discharge occurs.

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Such special grievances may be settled by confirming the suspension or discharge, or by reinstating the employee with full compensation, Oi by any othei arrangement which is just and equitable in the opinion of the conferring parties.

It is agreed that the stewards and the Union Representative will be notified immediately of the dismissal of any employee in the bargaining unit.

7.06 Verbal and written disciplines shall be removed from the employee's file and shall not be used in any subsequent action or arbitration proceedings after twelve (12) months providing the employee has not received any discipline within the prior twelve (12) months. Suspensions shall be removed from the employees file and shall not be used in any subsequent action or arbitration proceedings after twenty four (24) months provided the employee has not received any discipline within the prior twenty four (24) months.

7.07 Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to do so.

Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

ARTICLE 8 - ARBITRATION

8.01 When either party requests that a grievance be submitted to arbitration as provided under Article 7, it shall make such a request in writing addressed to the other party to this Collective Agreement and, at the same time, nominate a nominee.

Within ten (10) calendar days thereafter, the other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and unless the time has been extended by mutual agreement between the two parties, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure.

The two (2) nominees so nominated shall confer immediately and shall attempt to select, by agreement, a Chairperson of the Arbitration Board. If they are unable to agree upon such Chairperson within a period of ten (10) calendar days after the nomination of the second nominee, they or either of them may request the Ministry of Labour for the Province of Ontario to appoint a Chairperson.

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8.02 No person may be appointed a nominee who has been involved in an attempt to negotiate or settie the grievance.

8.03 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure.

8.04 Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration.

8.05 Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Employer and the Union.

8.06 The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Employer, the Union and the employee(s) affected, however, that in no event shall the Board of Arbitration, have the power to change this Collective Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Collective Agreement.

8.07 In determining any discharge, the Board of Arbitration shall have the authority to:

(a) affirm the Employer's action and dismiss the grievance, or;

(b) set aside the penalty imposed by the Employer and restore the griever to his/her former position with or without compensation, or;

(c) vary or alter the penalty imposed by the Employer, or make such other determination as the Board in its discretion may deem just and reasonable;

8.08 At any stage of the Grievance Procedure, including Arbitration, the parties may have the assistance of the employee(s) concerned as witness(es) and any other necessary witnesses. All reasonable arrangements will be made to permit the conferring parties or the arbitrators to have access to any part of the Employer to view any working conditions which may be relevant to the settlement of the grievances. Time spent during the grievance or arbitration process shall be deemed to be time worked for all regularly scheduled hours.

Each party shall bear the expense of any witness(es) it may call in setting out its case. It is agreed that the Griever and Steward involved are not deemed witnesses for the purposes of this clause.

8.09 The parties may agree to a Single Arbitrator by mutual agreement who shall have all the same rights as a Board of Arbitration.

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ARTICLE 9 - HEAL TH AND SAFETY

9.01 The Employer and the Union agree that they mutually desire to maintain standards of Safety and Health in the residence in order to prevent accidents, injury and illness, and abide by the Occupational Health and Safety Act as amended from time to time.

(a) The Employer shall maintain sanitary conditions throughout the unit, provide adequate protective clothing and or other safety devices and eliminate any condition of employment which is a hazard to the safety or health of the employees.

(b) Where the nature of the task assigned to an employee requires the use of special equipment or protective clothing, such equipment or clothing shall be provided by the Employer, within a reasonable period after notification by the Joint Health and Safety Committee.

9.02 (a) The Health and Safety Committee shall be established, comprised of at least two (2) representatives appointed by the Union and two (2) representatives appointed by the Employer. Such Committee shall identify potential dangers and hazards and recommend means of improving health and safety programs.

(b) The parties agree that time spent in Committee and or Occupational Health and Safety related work will be considered a highly important part of the worker's job and all time spent in these activities, including the necessary preparation time, shall be paid at the applicable hourly rate.

(c) The Committee shall establish a term of reference outlining the roles and responsibilities in accordance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990.

( d) Meetings shall be held quarterly or more frequently at the call of the Chair. The Committee shall maintain minutes of all meetings and make the same available for review.

9.03 An employee shall have the right to refuse unsafe work as outlined in the Occupational Health and Safety Act, R.S.O. 1990.

9.04 An employee who is injured during working hours and is required to leave for treatment of such injury, shall receive payment for the remainder of the shift at their hourly rate of pay, unless the doctor states that the employee is fit for further work on that shift.

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ARTICLE 10- LEAVE OF ABSENCE

10.01 Effect of Absence

Whenever they are used in the Collective Agreement, the terms seniority and service shall be deemed to refer to length of employment subject to the following conditions:

(a) It is understood that during an approved absence not paid by the Employer not exceeding thirty (30) continuous days or any absence paid by the Home, service will accrue.

(b) During an absence not paid by the Employer e?<ceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions on the Collective Agreement or elsewhere, shall be suspended. In addition, the Employee will become responsible for full payment of subsidized Employee benefits in which he/she is participating for the period of the leave.

Nothing in this article shall be construed as diminishing any rights that exist pursuant to the Ontario Employment Standards Act.

10.02 Personal Leave

The Employer may grant leave of absence without pay to any employee requesting such leave for good and sufficient cause, such request to be in writing and approved by the Employer. The Employer will reply in writing within ten (10) days. Such approval shall not be unreasonably denied.

10.03 Union Leave

(a) The Employer shall grant leave of absence without pay to members to attend Union conventions or educational sessions. Such leave must be applied for at least two (2) weeks in advance to the General Manager and all leaves for all employees shall not exceed twenty (20) working days per year.

(b) An employee elected or appointed to a paid full-time position within the Union, shall be granted leave of absence without pay.

(c) The Employer will pay the lost wages of employees who are on leave of absence at the written request of the Union and the Union will reimburse the Employer the full amount of lost wages paid to the employees.

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10.04 Jury Duty/Witness Leave

When an employee is required to serve a on Jury or as a Witness or who is required in any court of law or coroner's inquest, he/she shall be relieved of his/her duties for such time as it may require, and he/she shall be paid the difference between his/her fee as a Juror or Witness, and his/her earnings for the time lost. It is the employee's responsibility to come to work at anytime during the week that he/she is not actually required for Jury Duty or to be present in Court except where less than two (2) hours remain in the shift.

10.05 Bereavement Leave

(a) When a death occurs in the immediate family (wife, husband, same sex partner, common-law spouse, parent, child and step-child) of an employee, the employee shall be granted leave of absence for four (4) days. In the event of the death of a brother, sister, grandparent, grandchild, step-mother, step-father, mother-in-law, or father-in-law of an employee, the employee shall be granted leave of absence for two (2) days. The employee shall be paid for scheduled hours during the leave which she otherwise would have worked.

(b) In the event of the death of an aunt, uncle, niece, nephew, son-in-law, daughter-in-law, sister-in-law, or brother-in-law or any relative residing in the same household of any employee, pay for the bereavement leave specified in Article 16.05 (a) shall be limited to the employee's scheduled hours on the day of the funeral only if she attends the funeral.

(c) An employee who has suffered the loss of an immediate or extended family member in (a) above may retain one (1) day for a spring internment provided such request is received in writing at the time of the death.

( d) The Employer retains the right to request proof, satisfactory to the Employer, of the death or attendance at a funeral or spring internment of any member noted in (a) through (c) above.

10.06 Pregnancy/Parental Leave

The Employer shall provide leave in accordance with the provisions of the Employment Standards Act of Ontario as amended.

When an employee decides to return to work after such pregnancy/parental leave, she shall provide the Employer with at least four (4) weeks' notice in writing. On return from pregnancy/parental leave, the employee shall be placed on the same job as at the time pregnancy/parental leave commenced and shall be placed on the applicable wage grid in accordance with her length of service. While on

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pregnancy/parental leave, an employee shall maintain her full seniority status and continue to accumulate all seniority under the Collective Agreement.

10.07 Election Leave

Employees shall be allowed four (4) consecutive hours off before the closing of polls in any federal, provincial or municipal election or referendum, without deduction from normal daily pay.

ARTICLE 11 - PROBATION

11.01 A new employee shall be known as a probationary employee until she has completed four hundred and fifty (450) hours.

During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Employer at the expiration thereof, shall be considered as regular employees and shall be credited with seniority for the said probationary period.

11.02 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Employer notwithstanding any other provision of this Agreement to the contrary. The lay-off or dismissal of a probationary employee shall not be the proper subject matter of a grievance; however, a probationary employee may have recourse to the grievance procedure in the adjustment of any other complaint which is the proper subject matter of a grievance.

11.03 Probationary employees shall not be entitled to sick leave credits.

ARTICLE 12 - SENIORITY

12.01 (a)

(b)

Seniority of employees shall be defined as length of continuous employment with the Employer in the bargaining unit. ·

Seniority lists will be revised every three (3) months and a copy of the list will be posted in the residence and a copy will be forwarded to the Union office. If an employee does not challenge the position of his name on the seniority list within thirty (30) calendar days from the date of posting the list, she shall be deemed to have proper seniority standing.

Within thirty (30) calendar days of ratification and in February and August of each year thereafter, the seniority list, including the employees' seniority, service date and employment status (full-time or part-time) shall be posted on the Union bulletin board and a copy mailed to the Union.

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(c) The Employer shall maintain separate seniority lists for full-time and part­time empioyees covered by this Agreement.

12.02 Workers shall continue to accrue seniority if they are absent from work because of sickness, disability, accident, lay-off or other approved leave under this Collective Agreement.

12.03 Seniority shall terminate and an employee shall cease to be employed when she:

(a) resigns voluntarily and does not withdraw the resignation within one (1) working day;

(b) is discharged and is not reinstated through the grievance and arbitration procedure or otherwise;

(c) is absent from work in excess of two (2) working days without notifying the Employer of her intended absence, unless such notice was not reasonably possible;

( d). is on layoff for a continuous period of twelve ( 12) months;

(e) if, following layoff, she fails to return to work within ten (10) calendar days after receiving notice to do so unless on reasonable grounds she is unable to do so.

(f) fails to return to work upon the termination of an authorized leave of absence unless a reasonable explanation is given acceptable to the Employer;

(g) accepts gainful employment with any other employer while on an approved leave of absence without first obtaining the consent of the Employer in writing.

It shall be the duty of each employee to notify the Employer promptly of any change of address. If the employee fails to do this, the Employer will not be responsible for failure of a notice to reach such employee. Notice of recall after layoff shall be sent to an employee by registered mail to his last address on record with the Employer.

12.04 (a) A part-time employee cannot use seniority for the purpose of displacing a full-time employee.

(b) A part-time employee who becomes a full-time employee will be given full­time credit of fifty percent (50%) of his/her part-time seniority.

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(c) Full-time employees who convert to part-:time shall carry all their full-time and part-time seniority to the part-time seniority iist.

12.05 In the event of a tie in seniority dates for two (2) full-time employees their part-time seniority will be used for the purpose of breaking the tie only. In the event of any other tie in seniority dates, seniority shall be determined by lottery.

ARTICLE 13 - VACANCIES, JOB POSTING, PROMOTIONS AND TRANSFERS

13.01 Where a job vacancy occurs which is likely to remain open for six (6) weeks (or such longer period as the parties may mutually agree) or a new job is created which the Employer fills or intends to fill, it shall post a notice of such vacancy on all bulletin boards within ten (10) calendar days. Such posting shall be for a minimum of period of seven (7) calendar days, and a copy of the notice shall be sent to the Union. The notice shall set out a description of the job, the qualifications required of applicants for the job, and the hours of work (shift) for the job. The job shall be awarded within fourteen (14) calendar days of the posting and the Employer will post the successful applicant on the Union bulletin board and give a copy to the Union. Any employee who is absent at the time a posting occurs, and who has made a request in writing prior to such absence, shall be considered for job postings occurring during the period of such ab9ence. It is understood and agreed that there shall be no "standing" notice and that a fresh notice must be given in advance of each leave granted. Postings which are temporary will be indicated on the posting as temporary.

13.02 In making staff changes, transfers or filling job vacancies, including promotions, the Employer shall be governed by the following factors, as between two or more applicants.

(i) The seniority of the employee involved; and

(ii) The qualifications and ability to do the job; and,

Where factors in (ii) have been met by two (2) or more employees, the factor in (i) shall govern the Employer. ·

13.03 Ability to do the job means ability to perform the requirements of the job following a six (6) week training and trial period. The Employer may not curtail the training or trial period without just cause before it has run its normal course. In the event the employee is not able or does not wish to complete the training or trial period, or cannot satisfactorily perform the job following the training or trial period, he/she shall be returned to his/her former position, wage or salary rate, without loss of seniority; and any other employee who has been promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position, wage or salary rate, without loss of seniority.

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13.04 No employee shall be transferred to a position outside the bargaining unit without his/her consent. if an empioyee is transferred to a position outside the bargaining unit, he/she retain his/her seniority accumulated up to the date of leaving the unit, but will not accumulate further seniority. Within one (1) year such employee shall have the right to return to a position in the bargaining unit consistent with his/her seniority accumulated up to the date of transfer outside the unit.

13.05 New employees shall not be hired where there are employees on layoff who have the ability to do the job.

ARTICLE 14-LAYOFF AND RECALL

14.01 In the event of a lay-off, the Employer shall first lay-off employees in the reverse of seniority within their classification, provided that there remain on the job employees who have the skills to perform the work.

In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least thirty (30) calendar days' notice. This notice is not in addition to the required notice for individualemployees.

In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act.

14.02 Employees shall have bumping rights in accordance with their seniority. Bumping is defined as follows:

Where a senior employee is to be laid off he/she will have the option to move into any job for which he/she has the seniority and ability to perform.

14.03 Employees shall be recalled in the order of their seniority, where jobs become available, provided they have the ability to perform such jobs following a trial or training period of two (2) weeks. The Employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Employer advised at all times of his/her current address.

14.04 No new employees shall be hired until those laid off have been given the opportunity of recall. Laid off employees who wish to remain on the call in list or be notified of job vacancies other than those to which they have recall rights may signify their desire in writing prior to layoff and shall be entitled to apply for such jobs. A copy of the employee's request shall be given to the employee and sent to the Union.

14.05 The Union shall be notified of all appointments, hiring, lay-offs, recalls and terminations on a monthly basis beginning with the end of the month in which this Collective Agreement was ratified by the Employees.

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ARTICLE 15-WAGES AND CLASSIFICATIONS

15.01 Job classifications are set out in Appendix "A" of this Collective Agreement.

15.02 Each employee shall be provided with an itemized statement of his/her wages, overtime and deductions. Wages shall be paid bi-weekly. The Employer may not make deductions from wages unless authorized by statute, court order, arbitration award, or this Collective Agreement.

15.03 Supplementary Collective Agreements, if any, shall form part of this Collective Agreement and shall be subject to the Grievance and Arbitration Procedures.

15.04 An employee who is temporarily assigned in accordance with the terms of this Collective Agreement to a higher paying classification or job, shall be paid the rate and benefits for that classification or job for the times he/she performs such work. An employee who is temporarily assigned in accordance with the terms of this Collective Agreement to a lower paying classification, shall continue to be paid the rate and benefits of his/her regular job only for a part or full shift, not if the reassignment is for multiple days such as vacation relief.

Employees electing to work in more than one classification or picking up shifts in more than one classification will be paid by the classification.

ARTICLE 16 - HOURS OF WORK AND OVERTIME

16.01 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week.

16.02 The normal shift shall be seven and one-half hours worked.

16.03 In the scheduling of the normal hours of work, the Employer agrees that hours will be scheduled in each classification as follows:

(a) First, to full-time employees by seniority to a maximum of seven and one­half (7%) hours per day and thirty seven and one half (37%) hours per week, provided they have the qualifications, and ability to perform the work required; then,

(b) to part-time employees by seniority to a maximum of seven and one- half (7%) hours per day and twenty-four (24) hours per week, provided they have the qualifications, ability, and are available to perform the work required; then,

(c) hours of work that become available due to employees not reporting for work as scheduled or additional hours of work required by the Employer shall, if requ\red, be scheduled in accordance with (a) and (b) above. For

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clarity, replacement of shifts will be offered to those employees at straight time prior to the Empioyer deciding to offer the shift ai overtime.

16.04 (a) Employees shall receive one-half (%) hour without pay for lunch during a normal shift. Employees scheduled to work four (4) hours or more shall be entitled to one (1) fifteen (15) minute paid break and employees scheduled to work seven and one-half (7%) hours shall be entitled to two (2) fifteen (15) minute paid breaks.

(b) Shifts shall be arranged so that no employees will work more than five (5) days. The Employer will endeavour to schedule two (2) consecutive days off. Employees regularly scheduled sixty hours per pay period or greater, shall receive every second weekend off, unless the employee requests in writing a change of the posted work schedule.

(c) No employee will be regularly scheduled to work more than seventy-five (75) hours in any two (2) week period.

(d) There shall be no split shifts for employees, unless mutually agreed.

(e) Employees working at the beginning and conclusion of daylight saving time will be paid for their actual hours worked at their regular rate of pay.

i 6.05 ·The Union recognizes that the Employer's obligation ·to residents will · make overtime work necessary from time to time. Therefore, the employee is expected to cooperate with the Employer by working overtime when it is assigned.

16.06 Work performed shall be paid at the rate of one and one-half (1 %) times the employee's regular rate for all time actually worked by the employee in excess of seven and one-half (7%) hours per day or seventy-five (75) hours over a two week period. Authorization for overtime hours is required in all circumstances.

Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked.

16.07 Overtime rates shall be based on the employee's regular rate of pay.

16.08 Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is available.

16.09 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution.

16.10 An employee who reports for a normal shift.at their assigned starting time and who works less than four (4) hours on any day because work is not available, shall be paid for at least four (4) hours straight time; but this clause does not apply when

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the Employer is unable to provide work for the employee because of fire, lightning, power faiiure, storms or iike causes of work stoppage beyond the controi of the Employer. The Employer shall not incur any obligation under this clause where the employee has failed to keep the Employer informed of her current address and telephone number.

16.11 Shift schedules of four (4) week duration will be posted two (2) weeks in advance and no changes without prior notification to the affected employee.

16.12 Shift exchanges agreed to by two (2) employees which will not result in overtime is subject to management's approval but will not be unreasonably denied.

16.13 Call-Back or Call-in Time

An employee who has completed a normal shift and is called back to work shall be paid a minimum of four (4) hours.

16.14 A shift commencing at or about midnight shall be considered the first shift of each . working day. The shift shall be deemed entirely within the calendar day in which the majority of hours falls regardless of what calendar day any part of that shift was actually worked.

16.15 (a)

(b)

For the purpose of assigning available hours of work in each department, the Employer shall apply the seniority provisions of this Collective Agreement. Such seniority shall be considered providing the employee is qualified and capable.

Overtime, call-in, call-back and extra available hours shall be divided in order of seniority on a rotating basis to employees who are willing and qualified to perform the work that is available.

ARTICLE 17-VACATIONS

17.01 Vacation pay for each week of vacation shall be at the regular rate of pay effective immediately prior to the vacation period or shall be equal to the applicable percent of gross annual earnings, whichever is greater. "Earnings" include, but are not limited to, wages, premiums, the previous year's holiday pay and vacation pay, Workers' Compensation, sick leave and income disability benefits.

Employees with less than 1 year who have completed probation - 1 day per month to a maximum of 9 days and 4%, 1-4 years - 2 weeks/4%, 5 years - 3 weeks/6%, 11 years - 4 weeks/8%. Years shall be based on date of hire.

17.02 An employee shall not be permitted to accumulate his/her vacation from one calendar year to another.

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17.03 Employees will request their vacation time by March 30 of each year with the Employer finaiizing the vacation schedule by Aprii 30 of each year. No change wiii be made to the final vacation schedule, unless mutually agreed by the employee(s) and the Employer. Finalized vacation schedules shall be posted in each department, no later than May 15.

17.04 The time of vacations will be arranged between employees and their respective Managers, and the choice of vacation times shall be in accordance with seniority.

17.05 Each employee may request and be granted up to two (2) weeks' vacation during the summer vacation period. Once each individual has had the opportunity to make a request for up to two (2) weeks of vacation time, additional available vacation time will be allotted by seniority one (1) week at a time. The summer vacation period is defined as any day in July and August.

17.06 Full-time employees shall receive their vacation pay coinciding with their scheduled vacation time. Part-time employees will receive vacation pay once per year, on the first full pay period in January. Part-time employees shall have the option of receiving their vacation pay when taking vacation provided they have given their Manager fourteen (14) calendar days' notice.

17.07 An employee who terminates his/her employment for whatever reason, shall be paid his/her vacation allowance that is remaining in their vacation bank.

17.08 Where an employee qualifies for bereavement leave, or is hospitalized and sick credits are available to reimburse the vacation bank, the vacation bank will be reimbursed.

ARTICLE 18- PAID HOLIDAYS

18.01 The Following days shall be recognized as paid holidays:

New Year's Day Family Day Good Friday Victoria Day Canada Day

Labour Day Thanksgiving Day Christmas Day Boxing Day Float Day

18.02 (a) An employees pay for the holiday shall be equal to the total amount of regular wages and vacation pay payable to the employee in the four (4) work weeks before the work week in which the holiday occurred, divided by 20.

Regular wages mean the employee's hourly rate pf pay times the number of hours worked at straight time rates and shall include any vacation pay paid to the employee during the four work weeks.

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(b) Employees who are required to work on any of the above named holidays wiii receive one and one-haif (1 Yz) times their reguiar rates of pay for aii hours worked in addition to pay for the holiday.

(c) Employees not working on, or on vacation during, one of the above named holidays shall be paid for the statutory holiday, as per 18.02 (a) or shall have the option of a day off in lieu with pay at a mutually agreed upon time, provided the employee makes such request with the Manager at least one (1) calendar week prior to the holiday on the "leave form".

18.03 The Employer shall endeavor to provide full time employees with either Christmas Day or New Year's Day off, on a rotating basis so that full time employees will have an equal opportunity. A list will be posted November 1 until November 15 for employees to request. The schedule will be adjusted for this period of time.

18.04 The Employer recognizes that an employee may, for religious reasons wish to observe holidays other than those listed. In such cases and subject to advance notice the worker shall be entitled to observe such alternate holidays, without pay, with the supervisor's approval.

ARTICLE 19- HEALTH AND WELFARE

19.01 The existing benefits plans are to be continued.

For the purpose of entitlement to the benefit plans, full-time is defined as someone who is regularly scheduled to work sixty (60) or more hou'rs bi-weekly.

19.02 Pay for sick leave is for the sole and only purpose of protecting employees regularly scheduled sixty (60) hours of work or more bi-weekly against loss of income in the event they are ill, or injured outside of work.

Such employees are eligible for five (5) days sick leave per calendar year, not cumulative, or carried over year to year. Provided days are available to them, an employee will be paid for hours lost on that day.

19.03 Effective September 1, 2015, the Employer shall provide a vision care benefit of up to one hundred and fifty dollars ($150.00) every twenty-four months which is 100 percent Employer paid. Effective July 2, 2018, the Employer shall provide a vision care benefit of up to two hundred dollars ($200).

ARTICLE 20 - UNIFORMS

20.01 The Employer will supply the employees, without charge, uniforms and all protective clothing needed to perform their required tasks.

Full time: 3 shirts and pants upon hire; reissue annually every April.

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Part time: 2 shirts and pants upon hire; reissues every April.

All employees required to wear an apron shall have the aprons provided by the Employer.

Lab coat/apron for PSW Memory Living that is periorming dietary.

ARTICLE 21 - GENERAL

21.01 The Employer will provide a bulletin board for the sole purpose of posting Union notices to its members. The bulletin board shall be located in the staff room to ensure it is visible to all bargaining unit employees.

21.02 A staff room and rest rooms shall be provided and in a clean condition. The employee shall cooperate with the Employer in keeping the rest rooms and staff room in a clean and presentable condition.

21.03 The Employer shall reimburse the Union fifty percent (50%) of the cost of printing this Collective Agreement for all bargaining unit employees.

21.04 Correspondence

All correspondence arising out of, or incidental to this Collective Agreement, shall pass between the General Manager or designate of the Employer and the Union Representative of the United Food and Commercial Workers Union or its International affiliates, unless otherwise herein specified.

21.05 Should any error occur in a pay cheque, attributable to the Employer, brought forward by the employee or the employer, the Employer agrees to correct the error no later than the following pay day.

21.06 Mileage

If an employee is required to use their personal vehicle on the Employer's business they will be paid mileage at a rate of forty cents (40¢) per kilometer.

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ARTICLE 22 - DURATION

22.01 This Collective Agreement shall remain in force and effect from July 2, 2016 until July 1, 2019, and until all provisions of the Ontario Labour Relations Act have been expended.

22.02 Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15) days of such notice being received, unless mutually agreed upon otherwise.

21.03 The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union.

Signed at Hamilton, Ontario this ;2;},.tJ day of Ary~+ , 2017.

FOR THE UNION FOR THE COMPANY

Matt Davenport

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WAGE RATES AND CLASSIFICATIONS - SCHEDULE A

Effective July 2, 2016 implement the following wage grid:

Classification 02-Jul-14 01-0ct-15 02-Jul-16 02-Jul-17 02-Jul-18

Dietary $13.84 Start $13.98 $14.26 $14.55 $14.84 1 year $14.26 $14.55 $14.84 $15.13 2 year $14.54 $14.84 $15.13 $15.43 3 year $14.83 $15.13 $15.43 $15.74

Activity Aide $13.64 Start $13.78 $14.06 $14.34 $14.62 1 year $14.05 $14.33 $14.62 $14.91 2 year $14.33 $14.62 $14.91 $15.21 3 year $14.61 $14.90 $15.20 $15.50

Housekeeping $13.06 Start $13.32 $13.59 $13.86 $14.14 1 year $13.58 $13.85 $14.13 $14.41 2 year $13.86 $14.14 $14.42 $14.71 3 year $14.13 $14.41 $14.70 $14.99

HCA/PSW $13.12 Start $13.45 $13.72 $13.99 $14.27 1 year $13.72 $13.99 $14.27 $14.56 2 year $13.99 $14.27 $14.56 $14.85 3 year $14.27 $14.56 $14.85 $15.14

Concierge $13.06 Start $13.32 $13.59 $13.86 $14.14 1 year $13.58 $13.85 $14.13 $14.41 2 year $13.86 $14.14 $14.42 $14.71 3 year $14.13 $14.41 $14.70 $14.99

Cook $16.67 Start $16.84 $17.18 $17.52 $17.87 1 year $17.17 $17.51 $17.86 $18.22 2 year $17.52 $17.87 $18.23 $18.59 3 year $17.87 $18.23 $18.59 $18.96

RPN $22.07 Start $22.29 $22.74 $23.19 $23.65 1 year $22.74 $23.19 $23.66 $24.13 2 year $23.19 $23.65 $24.13 $24.61 3 year $23.66 $24.13 $24.62 $25.11

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BETWEEN:

LETTER OF AGREEMENT

CSH RYMAL INC., (Hereinafter called the "Employer'')

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (Hereinafter called the "Union")

RE: CASUAL EMPLOYEES

The parties recognize that the Employer may on occasion find itself with insufficient staff to periorm available work, and it may therefore need to employ "casual employees".

"Casual employees" may be used to meet a temporary staff need only if the following criteria are observed:

(1) All possible bargaining unit employees are first exhausted, and have been scheduled to work (or offered the work) provided that they possess the skills and qualifications necessary to periorm the work. ·

(2) Casual employee positions shall be posted in accordance with Article 13.

(3) Casual employees will pay dues and initiation fees in accordance with Union policies and procedures. Probation for casual employees is as outlined in Article 11.

( 4) Casual employees will be paid at the rate of the job which they are replacing, · and will not have benefit coverage.

(5) The intent of Casual employees is not to avoid or delay the filling of full-time or part-time positions.

(6) Casual employees will not be used when a layoff is in effect unless the laid off employees choose not to accept the recall.

(7) The Company will provide a list of all casual employees and the reason for their scheduling. The list will be forwarded to the Union office on a weekly basis.

Signed at Hamilton, Ontario this ~ '2017.

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FOR THE UNION FOR THE COMPANY

Matt Davenport

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