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FILE No. AGREEMENT OTHER PERTH COMMUNITY CARE CENTRE hereinafter referred to as the "Centre" OF THE FIRST PART MAR 0 4 2005 AI BARGAINING INFORMATION SERVICES HEALTH, OFFICE AND PROFESSIONAL EMPLOYEES A DIVISION OF LOCAL 175 UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175 Chartered by the United Food and Commercial Workers International Union, C.L.C., A.F.L.-C.I.O. hereinafter referred to as the "Union" OF THE SECOND PART Effective: January 1 • December 31, 2006 . .

t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

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Page 1: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

FILE No

t-~~~~rIiiiiiICTIVE AGREEMENT OTHER

PERTH COMMUNITY CARE CENTRE

hereinafter referred to as the Centre

OF THE FIRST PART

MAR 0 4 2005

AI ~IbOLLECTIVE BARGAINING INFORMATION SERVICES

HEALTH OFFICE AND PROFESSIONAL EMPLOYEES A DIVISION OF LOCAL 175

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

Chartered by the United Food and Commercial Workers International Union CLC AFL-CIO

hereinafter referred to as the Union

OF THE SECOND PART

Effective January 1~ bull December 31 2006

~~

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10

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20

25

30

bull bull INDEX

ARTICLE PAGE 1 Preamble 1

2 Recognition 1 3 Strikes and Lockouts 2 4 Management Rights 2

No Discrimination 3 6 Union Security bullbull 3 7 Union Stewards and Committee 4 8 Grievance Procedure 5 9 Discharge Cases 7

Arbitration 7 11 Witnesses 9 12 Supplementary Agreements 9 13 Probation bull 9 14 Seniority 10

Lay-offs and Recalls 11 16 Leaves of Absence 12 17 Bulletin Boards 16 18 Disciplinary Warnings 16 19 Hours of Work Overtime etc 17

General 20 21 Vacations 21 22 Paid Holidays 22 23 Classifications and Wages 24 24 Paid Leave 24

Health and Welfare 26 26 Joint Health and Safety Committee 27 27 Copies of the Agreement 28 28 Clothing Allowance 29 29 Miscellaneous 29

Resident Abuse 30 31 Duration 30

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bull bull

Index continued Page

Schedule A - Wages 32

Letter of Intent - RE Dental bull 34

Letter of Clarification - RE Pay Equity Adjustment 35

Letter of Agreement - RE Time Limits 36

Letter of Agreement -HE Orientation Right 37

Letter of Agreement - RE Signing Bonus 39

Letter of Agreement - RE Restorative Care Aide or Activity Aide 40 Pay Equity Agreement

REGIONAL OFFICE

UFCW LOCAL 175 20 HAMILTON AVENUE NORTH

OTTAWA ONTARIO K1Y1B6

TELEPHONE 1-613-725-2154 or 1-800-267 -5295

bull bull

bull ARTICLE 1 - PREAMBLE

101 It is the desire of both parties to this Agreement

(i) to maintain and improve the harmonious relations and settled conditions of employment between the Centre and the Union

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

(iii to encourage efficiency in operation

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

102 Methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in an Agreement

ARTICLE 2 - RECOGNITION

201 The Centre recognizes the Union as the sole collective bargaining agent for all fullshytime and part-time employees including Co-ordinators and Maintenance Person of Perth Community Care Centre in Perth Ontario save and except supervisors persons above the rank of supervisors registered and graduate nurses security guards and office and clerical staff

202 The Centre undertakes that it will not enter into any agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Collective Agreement

203 For the purpose of interpretation wherever the feminine gender is used in this Agreement it shall be viewed to include the masculine and vice versa and similarly the singular shall include the plural and vice versa as applicable

204 Work normally performed by employees in the bargaining unit shall not be performed by persons outside the bargaining unit except in the case of work currently performed by the food service supervisor for the purpose of instruction or in emergencies when regular employees are not available

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bull bull

205 No current employee shall be laid off or have a reduction in hours during the term of this Collective Agreement as a result of any contracting out of services presently performed by the bargaining unit For purpose of clarity current shall mean the date of ratification (January 12 2004) of the current Collective Agreement

ARTICLE 3 ~ STRIKES AND LOCKOUTS

301 The Centre 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 Centre

302 The definitions of the terms lockout and strike as used in Section 301 above shall be in accordance with the Labour Relations Act

ARTICLE 4 - MANAGEMENT RIGHTS

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

(a) to determine and establish standards and procedures for the care welfare safety and comfort of the residents of Perth Community Care Centre

(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 Centre reserves the right to amend or introduce new rules from time to time copies ofwhich 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 hereh1after provided

(d) to have the right to plan direct and control the work of the employees and the operations of Perth Community Care Centre

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bull bull (e) to exercise any of the rights powers functions or authority which the Centre

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 - NO DISCRIMINATION

501 The Centre and the Union agree that there shall be no discrimination interference restriction or coercion exercised or practised with respect to any employee in the matter of hiring training upgrading promotion transfer lay-off recall discipline discharge or otherwise by reason of her membership or activity in the Union nor by reason of political or religious affiliation sex or marital status

Hara~sment Is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome The parties agree harassment in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

502 Violence and Abuse - Abuse including physical verbal emotional psychological and sexual abuse threatening or intimidating behaviour or physical violence in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

If a resident is abusive or threatening or violent towards an employee the employee shall promptly report the behaviour to her immediate supervisor so that an appropriate response may be developed

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labourmanagement meetings

ARTICLE 6 bull UNION SECURITY

601 All employees within the bargaining unit of the Centre shall become members of the Union and shall remain so in good standing for the term of this Agreement

602 The Centre shall deduct from the bi~weekly wages of the employees the regular Union dues fees andor assessments as set out by the Union to the Centre from time to time by letter

603 Such dues fees andor assessments so deducted shall be remitted to the Union by the 15th of the month following deduction The dues fees andor assessments shall be accompanied by a list showing from whom the deductions were made or

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bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

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bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

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bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

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directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

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bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

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bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

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bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

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bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

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bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

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bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

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bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

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bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

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bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

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bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 2: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

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10

15

20

25

30

bull bull INDEX

ARTICLE PAGE 1 Preamble 1

2 Recognition 1 3 Strikes and Lockouts 2 4 Management Rights 2

No Discrimination 3 6 Union Security bullbull 3 7 Union Stewards and Committee 4 8 Grievance Procedure 5 9 Discharge Cases 7

Arbitration 7 11 Witnesses 9 12 Supplementary Agreements 9 13 Probation bull 9 14 Seniority 10

Lay-offs and Recalls 11 16 Leaves of Absence 12 17 Bulletin Boards 16 18 Disciplinary Warnings 16 19 Hours of Work Overtime etc 17

General 20 21 Vacations 21 22 Paid Holidays 22 23 Classifications and Wages 24 24 Paid Leave 24

Health and Welfare 26 26 Joint Health and Safety Committee 27 27 Copies of the Agreement 28 28 Clothing Allowance 29 29 Miscellaneous 29

Resident Abuse 30 31 Duration 30

I

bull bull

Index continued Page

Schedule A - Wages 32

Letter of Intent - RE Dental bull 34

Letter of Clarification - RE Pay Equity Adjustment 35

Letter of Agreement - RE Time Limits 36

Letter of Agreement -HE Orientation Right 37

Letter of Agreement - RE Signing Bonus 39

Letter of Agreement - RE Restorative Care Aide or Activity Aide 40 Pay Equity Agreement

REGIONAL OFFICE

UFCW LOCAL 175 20 HAMILTON AVENUE NORTH

OTTAWA ONTARIO K1Y1B6

TELEPHONE 1-613-725-2154 or 1-800-267 -5295

bull bull

bull ARTICLE 1 - PREAMBLE

101 It is the desire of both parties to this Agreement

(i) to maintain and improve the harmonious relations and settled conditions of employment between the Centre and the Union

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

(iii to encourage efficiency in operation

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

102 Methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in an Agreement

ARTICLE 2 - RECOGNITION

201 The Centre recognizes the Union as the sole collective bargaining agent for all fullshytime and part-time employees including Co-ordinators and Maintenance Person of Perth Community Care Centre in Perth Ontario save and except supervisors persons above the rank of supervisors registered and graduate nurses security guards and office and clerical staff

202 The Centre undertakes that it will not enter into any agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Collective Agreement

203 For the purpose of interpretation wherever the feminine gender is used in this Agreement it shall be viewed to include the masculine and vice versa and similarly the singular shall include the plural and vice versa as applicable

204 Work normally performed by employees in the bargaining unit shall not be performed by persons outside the bargaining unit except in the case of work currently performed by the food service supervisor for the purpose of instruction or in emergencies when regular employees are not available

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bull bull

205 No current employee shall be laid off or have a reduction in hours during the term of this Collective Agreement as a result of any contracting out of services presently performed by the bargaining unit For purpose of clarity current shall mean the date of ratification (January 12 2004) of the current Collective Agreement

ARTICLE 3 ~ STRIKES AND LOCKOUTS

301 The Centre 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 Centre

302 The definitions of the terms lockout and strike as used in Section 301 above shall be in accordance with the Labour Relations Act

ARTICLE 4 - MANAGEMENT RIGHTS

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

(a) to determine and establish standards and procedures for the care welfare safety and comfort of the residents of Perth Community Care Centre

(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 Centre reserves the right to amend or introduce new rules from time to time copies ofwhich 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 hereh1after provided

(d) to have the right to plan direct and control the work of the employees and the operations of Perth Community Care Centre

2

bull bull (e) to exercise any of the rights powers functions or authority which the Centre

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 - NO DISCRIMINATION

501 The Centre and the Union agree that there shall be no discrimination interference restriction or coercion exercised or practised with respect to any employee in the matter of hiring training upgrading promotion transfer lay-off recall discipline discharge or otherwise by reason of her membership or activity in the Union nor by reason of political or religious affiliation sex or marital status

Hara~sment Is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome The parties agree harassment in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

502 Violence and Abuse - Abuse including physical verbal emotional psychological and sexual abuse threatening or intimidating behaviour or physical violence in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

If a resident is abusive or threatening or violent towards an employee the employee shall promptly report the behaviour to her immediate supervisor so that an appropriate response may be developed

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labourmanagement meetings

ARTICLE 6 bull UNION SECURITY

601 All employees within the bargaining unit of the Centre shall become members of the Union and shall remain so in good standing for the term of this Agreement

602 The Centre shall deduct from the bi~weekly wages of the employees the regular Union dues fees andor assessments as set out by the Union to the Centre from time to time by letter

603 Such dues fees andor assessments so deducted shall be remitted to the Union by the 15th of the month following deduction The dues fees andor assessments shall be accompanied by a list showing from whom the deductions were made or

3

bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

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bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

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bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

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bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

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bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

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bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

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bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

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bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 3: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

I

bull bull

Index continued Page

Schedule A - Wages 32

Letter of Intent - RE Dental bull 34

Letter of Clarification - RE Pay Equity Adjustment 35

Letter of Agreement - RE Time Limits 36

Letter of Agreement -HE Orientation Right 37

Letter of Agreement - RE Signing Bonus 39

Letter of Agreement - RE Restorative Care Aide or Activity Aide 40 Pay Equity Agreement

REGIONAL OFFICE

UFCW LOCAL 175 20 HAMILTON AVENUE NORTH

OTTAWA ONTARIO K1Y1B6

TELEPHONE 1-613-725-2154 or 1-800-267 -5295

bull bull

bull ARTICLE 1 - PREAMBLE

101 It is the desire of both parties to this Agreement

(i) to maintain and improve the harmonious relations and settled conditions of employment between the Centre and the Union

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

(iii to encourage efficiency in operation

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

102 Methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in an Agreement

ARTICLE 2 - RECOGNITION

201 The Centre recognizes the Union as the sole collective bargaining agent for all fullshytime and part-time employees including Co-ordinators and Maintenance Person of Perth Community Care Centre in Perth Ontario save and except supervisors persons above the rank of supervisors registered and graduate nurses security guards and office and clerical staff

202 The Centre undertakes that it will not enter into any agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Collective Agreement

203 For the purpose of interpretation wherever the feminine gender is used in this Agreement it shall be viewed to include the masculine and vice versa and similarly the singular shall include the plural and vice versa as applicable

204 Work normally performed by employees in the bargaining unit shall not be performed by persons outside the bargaining unit except in the case of work currently performed by the food service supervisor for the purpose of instruction or in emergencies when regular employees are not available

1

bull bull

205 No current employee shall be laid off or have a reduction in hours during the term of this Collective Agreement as a result of any contracting out of services presently performed by the bargaining unit For purpose of clarity current shall mean the date of ratification (January 12 2004) of the current Collective Agreement

ARTICLE 3 ~ STRIKES AND LOCKOUTS

301 The Centre 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 Centre

302 The definitions of the terms lockout and strike as used in Section 301 above shall be in accordance with the Labour Relations Act

ARTICLE 4 - MANAGEMENT RIGHTS

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

(a) to determine and establish standards and procedures for the care welfare safety and comfort of the residents of Perth Community Care Centre

(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 Centre reserves the right to amend or introduce new rules from time to time copies ofwhich 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 hereh1after provided

(d) to have the right to plan direct and control the work of the employees and the operations of Perth Community Care Centre

2

bull bull (e) to exercise any of the rights powers functions or authority which the Centre

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 - NO DISCRIMINATION

501 The Centre and the Union agree that there shall be no discrimination interference restriction or coercion exercised or practised with respect to any employee in the matter of hiring training upgrading promotion transfer lay-off recall discipline discharge or otherwise by reason of her membership or activity in the Union nor by reason of political or religious affiliation sex or marital status

Hara~sment Is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome The parties agree harassment in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

502 Violence and Abuse - Abuse including physical verbal emotional psychological and sexual abuse threatening or intimidating behaviour or physical violence in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

If a resident is abusive or threatening or violent towards an employee the employee shall promptly report the behaviour to her immediate supervisor so that an appropriate response may be developed

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labourmanagement meetings

ARTICLE 6 bull UNION SECURITY

601 All employees within the bargaining unit of the Centre shall become members of the Union and shall remain so in good standing for the term of this Agreement

602 The Centre shall deduct from the bi~weekly wages of the employees the regular Union dues fees andor assessments as set out by the Union to the Centre from time to time by letter

603 Such dues fees andor assessments so deducted shall be remitted to the Union by the 15th of the month following deduction The dues fees andor assessments shall be accompanied by a list showing from whom the deductions were made or

3

bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

4

bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 4: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull

bull ARTICLE 1 - PREAMBLE

101 It is the desire of both parties to this Agreement

(i) to maintain and improve the harmonious relations and settled conditions of employment between the Centre and the Union

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

(iii to encourage efficiency in operation

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

102 Methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in an Agreement

ARTICLE 2 - RECOGNITION

201 The Centre recognizes the Union as the sole collective bargaining agent for all fullshytime and part-time employees including Co-ordinators and Maintenance Person of Perth Community Care Centre in Perth Ontario save and except supervisors persons above the rank of supervisors registered and graduate nurses security guards and office and clerical staff

202 The Centre undertakes that it will not enter into any agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Collective Agreement

203 For the purpose of interpretation wherever the feminine gender is used in this Agreement it shall be viewed to include the masculine and vice versa and similarly the singular shall include the plural and vice versa as applicable

204 Work normally performed by employees in the bargaining unit shall not be performed by persons outside the bargaining unit except in the case of work currently performed by the food service supervisor for the purpose of instruction or in emergencies when regular employees are not available

1

bull bull

205 No current employee shall be laid off or have a reduction in hours during the term of this Collective Agreement as a result of any contracting out of services presently performed by the bargaining unit For purpose of clarity current shall mean the date of ratification (January 12 2004) of the current Collective Agreement

ARTICLE 3 ~ STRIKES AND LOCKOUTS

301 The Centre 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 Centre

302 The definitions of the terms lockout and strike as used in Section 301 above shall be in accordance with the Labour Relations Act

ARTICLE 4 - MANAGEMENT RIGHTS

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

(a) to determine and establish standards and procedures for the care welfare safety and comfort of the residents of Perth Community Care Centre

(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 Centre reserves the right to amend or introduce new rules from time to time copies ofwhich 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 hereh1after provided

(d) to have the right to plan direct and control the work of the employees and the operations of Perth Community Care Centre

2

bull bull (e) to exercise any of the rights powers functions or authority which the Centre

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 - NO DISCRIMINATION

501 The Centre and the Union agree that there shall be no discrimination interference restriction or coercion exercised or practised with respect to any employee in the matter of hiring training upgrading promotion transfer lay-off recall discipline discharge or otherwise by reason of her membership or activity in the Union nor by reason of political or religious affiliation sex or marital status

Hara~sment Is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome The parties agree harassment in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

502 Violence and Abuse - Abuse including physical verbal emotional psychological and sexual abuse threatening or intimidating behaviour or physical violence in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

If a resident is abusive or threatening or violent towards an employee the employee shall promptly report the behaviour to her immediate supervisor so that an appropriate response may be developed

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labourmanagement meetings

ARTICLE 6 bull UNION SECURITY

601 All employees within the bargaining unit of the Centre shall become members of the Union and shall remain so in good standing for the term of this Agreement

602 The Centre shall deduct from the bi~weekly wages of the employees the regular Union dues fees andor assessments as set out by the Union to the Centre from time to time by letter

603 Such dues fees andor assessments so deducted shall be remitted to the Union by the 15th of the month following deduction The dues fees andor assessments shall be accompanied by a list showing from whom the deductions were made or

3

bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

4

bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

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bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

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bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

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bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 5: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull

205 No current employee shall be laid off or have a reduction in hours during the term of this Collective Agreement as a result of any contracting out of services presently performed by the bargaining unit For purpose of clarity current shall mean the date of ratification (January 12 2004) of the current Collective Agreement

ARTICLE 3 ~ STRIKES AND LOCKOUTS

301 The Centre 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 Centre

302 The definitions of the terms lockout and strike as used in Section 301 above shall be in accordance with the Labour Relations Act

ARTICLE 4 - MANAGEMENT RIGHTS

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

(a) to determine and establish standards and procedures for the care welfare safety and comfort of the residents of Perth Community Care Centre

(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 Centre reserves the right to amend or introduce new rules from time to time copies ofwhich 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 hereh1after provided

(d) to have the right to plan direct and control the work of the employees and the operations of Perth Community Care Centre

2

bull bull (e) to exercise any of the rights powers functions or authority which the Centre

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 - NO DISCRIMINATION

501 The Centre and the Union agree that there shall be no discrimination interference restriction or coercion exercised or practised with respect to any employee in the matter of hiring training upgrading promotion transfer lay-off recall discipline discharge or otherwise by reason of her membership or activity in the Union nor by reason of political or religious affiliation sex or marital status

Hara~sment Is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome The parties agree harassment in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

502 Violence and Abuse - Abuse including physical verbal emotional psychological and sexual abuse threatening or intimidating behaviour or physical violence in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

If a resident is abusive or threatening or violent towards an employee the employee shall promptly report the behaviour to her immediate supervisor so that an appropriate response may be developed

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labourmanagement meetings

ARTICLE 6 bull UNION SECURITY

601 All employees within the bargaining unit of the Centre shall become members of the Union and shall remain so in good standing for the term of this Agreement

602 The Centre shall deduct from the bi~weekly wages of the employees the regular Union dues fees andor assessments as set out by the Union to the Centre from time to time by letter

603 Such dues fees andor assessments so deducted shall be remitted to the Union by the 15th of the month following deduction The dues fees andor assessments shall be accompanied by a list showing from whom the deductions were made or

3

bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

4

bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

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bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

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bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

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bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

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bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

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bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

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bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

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bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

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bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

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bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

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bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

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bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

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bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

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bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

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bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

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bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

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--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 6: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull (e) to exercise any of the rights powers functions or authority which the Centre

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 - NO DISCRIMINATION

501 The Centre and the Union agree that there shall be no discrimination interference restriction or coercion exercised or practised with respect to any employee in the matter of hiring training upgrading promotion transfer lay-off recall discipline discharge or otherwise by reason of her membership or activity in the Union nor by reason of political or religious affiliation sex or marital status

Hara~sment Is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome The parties agree harassment in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

502 Violence and Abuse - Abuse including physical verbal emotional psychological and sexual abuse threatening or intimidating behaviour or physical violence in the workplace is unacceptable and will not be tolerated Allegations will be investigated and addressed promptly

If a resident is abusive or threatening or violent towards an employee the employee shall promptly report the behaviour to her immediate supervisor so that an appropriate response may be developed

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labourmanagement meetings

ARTICLE 6 bull UNION SECURITY

601 All employees within the bargaining unit of the Centre shall become members of the Union and shall remain so in good standing for the term of this Agreement

602 The Centre shall deduct from the bi~weekly wages of the employees the regular Union dues fees andor assessments as set out by the Union to the Centre from time to time by letter

603 Such dues fees andor assessments so deducted shall be remitted to the Union by the 15th of the month following deduction The dues fees andor assessments shall be accompanied by a list showing from whom the deductions were made or

3

bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

4

bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

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bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

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bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

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bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

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bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

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bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

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--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 7: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull why the deductions were not made The first deductions from a new employee shall be accompanied by the address telephone number and social insurance number of the employee The dues and initiation report will be provided in the form ofe-mail (remitufcw175com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque

604 The Centre agrees to show the total amount of Union dues on the employees T 4 slip

605 The Centre agrees to acquaint new employees with the fact that a Union Agreement is in effect and with the conditions ofemployment set out in the Articles dealing with Union Security Dues Check-Off

606 On commencing employment the employees immediate supervisor shall introduce the new employee to her Union Steward or Representative who will provide her with a copy of the Collective Agreement The Steward shall be allowed up to thirty (30) minutes to explain to the new employee her rights and privileges under this Agreement

607 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or herhis designate and the President of the Local Union or hisher designate

608 The Union shall save the Employer harmless from any claim that may arise either from any deductions in wages in respect to the check-off of monthly assessments of Union dues or any action taken at the request of the Union

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

701 No individual employee or group of employees shall undertake to represent the Union at meetings with the Centre without prior authorization of the Union In order that Ithis may be carried out the Union will supply the Centre with the names of its Officers Similarly the Centre will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business

702 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions

703 The Union shall have the right at any time to have the assistance of representatives of the United Food and Commercial Workers Intemational Union when dealing or negotiating with the Centre With prior permission from the Administrator or her deSignate such representatives shall have access to the Centres premises in order to investigate an incident and assist in the settlement of a grievance Such permission shall not be unreasonably withheld

4

bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

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bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

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bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

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bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

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bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

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bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 8: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull 704 In the event either party wishes to call a meeting of the Joint LabourManagement

Committee the meeting shall be held at a time and place fixed by mutual agreement However such meeting must be held not later than six (6) calendar days after the request has been given unless otherwise agreed

705 The Union shall have the right to appoint or otherwise select three (3) Stewards within the bargaining unit

706 (a) The Union shall notify the Centre in writing ofthe name of each Steward and the department(s) she represents and the Chief Steward before the Centre shall be required to recognize them

(b) No employee shall act in the capacity referred to in 705 above until after she has completed her probationary period with the Centre

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor Each Steward shall with the consent of her Supervisor be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement Such consent shall not be unreasonably withheld In return the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre

(d) Each employee appointed by the Union to the Negotiating Committee for the renewal of this Collective Agreement and who are required to be in attendance at negotiating sessions during their regular scheduled hours shall be paid their regular hourly rate to a maximum of forty-five (45) hours for all time spent in negotiations up to and including conciliation

707 The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen

ARTICLE 8 - GRIEVANCE PROCEDURE

801 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

5

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

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bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 9: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull 802 All complaints and grievances shall be taken up in the following manner

STEP 1

An employee having a question or complaint shall refer it to her immediate Supervisor within five (5) working days of the actual occurrence giving rise to the question or complaint The employee shall have the option of having her Steward present during such discussion The Supervisor shall reply to the employee giving the answer to the question or complaint within five (5) working days from the date it was submitted

STEP 2

If further action is then to be taken then within five (5) working days after the decision is given in Step 1 the employee who may request the assistance of her Steward shall submit the grievance in writing to the Administrator A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days It is understood that at such a meeting the Admimistrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Steward and that the Union Representative of the Union may also be present at the request of either the employee or the Centre Such Representative shall have access to the Centres premises in order to investigate and assist iri the settlement of a grievance but will give reasonable advance notice to the Administrator prior to attending on the premises The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting

STEP 3

Failing settlement at Step 2 the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step 2

When a grievance is submitted in writing by either the Centre or the employee it shall be accompanied by a written statement which shall clearly set forth the nature ofthe grievance the parties involved if other than the grievor the remedies sought and the clause or clauses of this Agreement said to be in violation all in clear and concise terms

803 Any difference arising directly between the Union and the Centre relating to the interpretation application or alleged violation of the Agreement may be presented by either party as a policy grievance within thirty (30) calendar days after the date when the subject matter of the grievance first arose It is understood however that the provisions of this paragraph shall not be used with respect toa grievance

6

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 10: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull

directly affecting an employee(s) and that the regular grievance procedure shall not be bypassed

804 Replies to grievances shall be in writing at all stages

805 The Centre shall supply the necessary facilities for the grievance meetings

806 Any and all time limits fixed by this Article may at any time be extended by written or veribal agreement between the Centre and the Union except as in Article 802 and 8103

807 All decisions arrived at between the Centre and the representatives of the Union shall be final and binding upon the Centre the Union and the employee(s) concerned

808 An employees regular day off if not actually worked and Saturdays Sundays and the p~id holidays designated in this Agreement if not worked will not be counted in deermining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure

ARTICLE 9 - DISCHARGE CASES

901 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance commencing at Step No2 of the Grievance Procedure provided the discharged person submits her written grievance dated and signed within ten (10) calendar days after the discharge occurs

902 Such special grievances may be settled by confirming the discharge or by reinstating the discharged person with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties

903 It is agreed that the Stewards orthe LabourManagement Committee will be notified immediately of the dismissal of any employee in the bargaining unit

ARTICLE 10 - ARBITRATION

1001 When either party requests that a grievance be submitted to Arbitration as provided under Article 8 it shall make such request in writing addressed to the other party to this Agreement and at the same time nominate an arbitrator Within seven (7) full working days thereafter the other party shall nominate an arbitrator provided

7

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 11: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull however that if such other party fails to nominate an arbitrator 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 arbitrators so nominated shall confer immediately and if within three (3) full working days they fail to settle the grievance they shall attempt to select by agreement a Chairman of the Arbitration Board If they are unable to agree upon such Chairman after the nomination of the second arbitrator they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman

1002 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance

1003 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure

1004 Each of the parties hereto shall bear the expenses of the representatives appOinted on its behalf and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration

1005 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 Centre and the Union except as provided in Article 806

1006 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Centre the Union and the employee(s) affected provided however that in no event shall the Board ofArbitration havelhe power to change this Agreement or to alter modify or amend any of its provisions nor to make any decision in conflict with the provisions of this Agreement

1007 In determining any discharge the Board of Arbitration shall have the authority to

(a) affirm the Centres action and discuss the grievance

(b) set aside the penalty imposed by the Centre and restore the grievor to her former position with or without compensation or

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

1008 Provision of a Single Arbitrator In the event that the party initiating the grievance is content that the grievance be dealt with by a sole arbitrator it shall so advise the other party when it submits the notice referring the grievance to arbitration Ifwithin ten (10) days after the notice of referral is submitted the parties can agree to a sole

8

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

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bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 12: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull arbitrator the grievance shall be determined by a sole arbitrator failing such agreement the regular arbitration procedure shall apply

ARTICLE 11 - WITNESSES

1101 At any stage ofthe Grievance Procedure including arbitration the parties may have the assistance ofthe employee( s) concerned as witnesses and any other witnesses All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

1201 Supplementary Agreements if any shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure

ARTICLE 13 - PROBAmiddotnON

1301 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) days In no event shall probation continue beyond the fourth month after commencing employment However the parties may mutually agree to extend a probationary period on a case by case basis

1302 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 Centre at the expiration thereof shall be considered as regular employees and shall be credited with seniority for the said probationary period

1303 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre 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

1304 Probationary employees shall not be entitled to sick leave credits or paid bereavement leave

9

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

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bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

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bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

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bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

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bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 13: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull ARTICLE 14 bull SENIORITY

1401 (a) Seniority of employees shall be recognized within the bargaining unit

(b) The seniority list will be revised every six (6) months copies of which will be posted in the various departments and a copy supplied to the Union

(c) A separate seniority list shall be maintained for part-time employees

(d) Seniority for full-time and part-time employees shall be from the date of last hire

1402 An employee shall not lose seniority rights if she is absent from work because of sickness accident lay-off or leave of absence approved by the Centre

An employee shall only lose her seniority in the event

(a) she is discharged and is not reinstated

(b) she resigns

(c) she is absent from work in excess of three (3) working days without notifying the Centre unless such notice was not reasonably possible

(d) she fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so unless through sickness or other just cause

It shall be the responsibility of the employee to keep the Centre informed of her current address and telephone number

1403 Both parties recognize

(a) the principle of promotion within the service of the Centre

(b) that job opportunity should increase in proportion to length of service

1404 Therefore in making staff changes transfers or promotions the following factors shall be considered

(a) skill experience qualifications and ability

(b) seniority

10

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 14: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull When factors in (a) are relatively equal (b) shall govern

Appointments from within the bargaining unit shall be made within three (3) weeks of posting Posting shall be made for a period of five (5) days Posting shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days

1405 The successful applicant shall be placed on trial for a period of nine (9) weeks Conditional on satisfactory service such trial promotion shall become permanent after the period of nine (9) weeks In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period or if the employee finds herself unable to perform the duties of the new job classification she shall be returned to her former position and wage without loss of seniority

1406 The Union shall be notified of all bargaining-unit appointments hirings lay-offs transfers recalls and terminations of employment

1407 The Centre shall maintain separate seniority lists for full-time and part-time employees covered by this Agreement

1408 All seniority accumulated under this Agreement shall be retained and transferred with the employee if she changes her status from part time to full time or vice versa

1409 Notwithstanding any other provision of this Agreement a part-time employee who temporarily assumes a full-time vacancy continues to be treated as a part-time employee except that once the employee has completed three (3) months of employment in the temporary position then as long as the employee continues in the temporary position for the purposes ofall compensation entitlements under this Agreement the individual shall be compensated as if she were a full-time employee

ARTICLE 15 - LAY-OFFS AND RECALLS

1501 Both parties recognize that job security should increase in proportion to length of service Therefore in the event of a lay-off employees shall be laid off in the reverse order of their seniority Employees shall be recalled in the order of their seniority providing they havethe skill and ability to do the work Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill and ability would be assessed following the completion of the orientation period

1502 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work

11

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 15: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull Employees who are to be recalled are entitled if required to orientation as set out and in accordance with the Letter - Orientation Rights and their skill anq ability would be assessed following the completion of the orientation period

1503 Notice of Lay-off

The Centre shall notify employees who are to be laid-off in accordance with the following

a) Employees who have worked three (3) months or more but less than one (1) year are entitled to written notice of at least one (1) week

b) Employees who have worked at least one (1) year are entitled to written notice of at least two (2) weeks

c) Employees who have worked three (3) years or more are entitled to written notice of at least one (1) week for each year of employment with a maximum required notice period of eight (8) weeks

If the employee laid off has not had the opportunity to work her scheduled hours after notice of lay-off she shall be paid in lieu of work for that part of the scheduled hours during which work was not made available

The Centre shall not be required to give notice or pay in lieu thereof in the event of an emergency or disaster such as fire flood act of God or epidemic or circumstances beyond the control of the Centre

ARTICLE 16 - LEAVES OF ABSENCE

1601 Personal Leave

In accordance with operational requirements the Centre may grant leave of absence in writing and without pay to any employee for personal reasons which shall not be unreasonably denied

1602 EducationUnion Convention Leave

In accordance with operational requirements the Centre may grant leave of absence without payor loss of seniority to three (3) employees at anyone time to attend Union Conventions or Educational Sessions which shall not be unreasonably denied Such leave must be applied for at least two (2) weeks in advance and all leave for all employees shall not exceed twenty (20) working days per year

12

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 16: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull 1603 JUry DutySubpoenaed Witness Leave

When an employee is required to serve on a Jury or as a Subpoenaed Witness she shall be relieved of her duties for such time as it may require and shall be paid the difference between her fee as a juror or witness and her earnings for any regularly scheduled shift(s) lost It is the employees responsibility to come into work at any regularly scheduled shifts she is not actually required for Jury Duty or to be present at Court

1604 Seniority and Benefits during Absence

For the purpose of this clause benefit plans referred to below include Group Insurance Dental Plan and Pension Plan only

(a) During any leave of absence without payor lay-off of less than one (1) month

(i) seniority will continue to accrue

(ii) the Centre shall continue its contributions for the employee for all benefit plans

(b) If the leave of absence without payor lay-off is longer than one (1) month

(i) seniority will not continue to accrue

(ii) the employee may continue on all benefit plans by depositing the appropriate amounts with the Centre in advance

(c) Not withstanding the above if an employee is absent because of legitimate illness and is in receipt of weekly indemnity payments

(i) seniority will continue to accrue

(ii) The Centre shall continue its contributions for the employee for all benefit plans

(d) Notwithstanding the above if an employee is absent and in receipt of WCB benefits or LTD benefits

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred in the case of long-term disability benefits or for twelve (12) months following the date on which the illness or

13

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 17: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull injury began or occurred in the case of illness or injury compensable under the Workplace Safety and Insurance Act

(Ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the day the illness or injury occurred

Employees who are continuing on benefit plans by making payments through the Employer must do so by postdated cheque delivered to the Employer at least fourteen (14) days prior to the due date If a cheque is not delivered in a timely fashion or if the cheque is not honoured by the financial institution on which it is drawn then in either case the Employer has no further obligations to make or deliver such payments notwithstanding any other provision of this Agreement

1605 Bereavement Leave

(a) In the event of the death of a father mother spouse or common-law spouse or child of an employee who has completed her probationary period the employee shall be granted leave ofabsence for four (4) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(b) When a death occurs in the immediate family (brother sister father-in-law mother-in-law grandparent grandchild) of an employee who has completed her probationary period the employee shall be granted leave of absence for three (3) days ending with the day following the funeral The employee shall be paid for scheduled hours during the leave which she otherwise would have worked

(c) 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 person residing in the same household of an employee pay for the bereavement leave specified in Article 1605 (a) shall be limited to the employees scheduled hours on the day of the funeral only if she attends the funeral

(d) In the event a death occurs during an employees vacation period the employee will receive their bereavement leave concurrent to the vacation period

1606 PregnancYParental Leave

(a) PregnancyParentalleave shall be granted as a right in accordance with the provisions of the Employment Standards Act except where amended in this provision

14

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 18: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull (b) The Centre shall not deny an employee the right to continue employment

during the period of pregnancy provided the concemed employee can carry out her duties as the job normally requires This may require medical verification

(c) An unpaid pregnancy leave shall cover the period up to seventeen (17) weeks before andor after the birth of a child

Effective for leaves beginning after May 10 2000 an employee who has completed ten (10) months of continuous service prior to the expected date of birth and who requests a pregnancy leave will be eligible for a supplementary unemployment insurance benefit

The employee must first be in receipt of unemployment insurance maternity leave benefits

The Employer will top up those benefits to seventy-five percent (75) of the employees regular weekly eamings However the maximum amount to be paid will be twentyfive percent (25) of the employees regular weekly earnings

In any week the total amount of SUB payments and the regular rate of employment insurance benefits will not exceed seventy-five percent (75) of the employees regular weekly payments

Employees do not have a right to SUB payments except for supplemation of employment insurance benefits during the unemployment period as specified in the plan

All other details of this benefit will be as set out in a Supplementary Unemployment Benefit Plan That plan will be developed by the Employer and a copy will be provided to the Union It is understood the plan must be developed in accordance with the requirements of the Employment Insurance Commission and any change to those requirements will automatically require a change to the plan

(d) An unpaid Parental leave shall cover the period up to thirty-five (35) weeks duration or in the case of an employee who did not take a pregnancy leave thirty-seven (37) weeks following the

(a) birth of the child

(b) coming of a child into the custody care and control of a parent for the first time or

15

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 19: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull (c) pregnancy leave

(e) PregnancyParental Leave

When an employee decides to return to work after such pregnancyparental leave she shall provide the Centre with at least four (4) weeks notice in writing On return from pregnancyparental leave the employee shall be placed on the same job as at the time pregnancyparental leave commenced While on pregnancyparental leave an employee shall maintain her full seniority status and continue to accumulate all seniOrity under the Collective Agreement

(f) One (1) day leave of absence with pay will be granted on the adoption of a child by an employee

(9) While on unpaid pregnancyparental leave noted in (c) andor (d) above the Employer shall continue to make the Employers contributions for the beneshyfits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employees contribution

1607 Employees shall be allowed four (4) consecutive hours off before the closing of the polls in any Federal Provincial or Municipal election or referendum without deduction from normal daily pay

1608 An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off without pay and benefits and without loss of seniority

ARTICLE 17 - BULLETIN BOARDS

1701 A bulletin board shall be available to the Union for the posting of Union notices Signed by the Steward in a reasonable manner with a copy sent to the Administrator A bulletin board shall be provided on each floor

ARTICLE 18 - DISCIPLINARY WARNINGS

1801 Where an employee receives a written diSCiplinary warning and receives no further written discipline for a period of twelve (12) months from the date ofthe warning or the warning is withdrawn by the Grievance or Arbitration Procedure such warning shall be removed from the employees record and returned to the employee upon her request and shall not be used in any subsequent disciplinary action or arbitration proceedings

16

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 20: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull 1802 (a) In the event of a disciplinary measure involving an oral orwritten warning the

employee shall have the option of having her steward present during such discussion

(b) In the event a steward is not available this condition will be brought to the attention of the employee The meeting that becomes part ofthe employees record will then be postponed until the steward is available

(c) Ifthe meeting is held without the steward any conclusions verbal or written will be null and void except in the case where the employee requested the steward to leave

A meeting to confirm the Centres reasons for such discipline will be held when the steward is available For the sole purpose of filing a grievance the date of occurrence will be the date of such meeting

1803 The Employer and the Union agree that domestic violenceabuse may affect an employees attendance at work The Employer agrees that where an employee is seeking assistance and where there is adequate verification from recognized professionals (doctor lawyer professional counselor etc) provided to the Empl0yer an employee who is subject to abuse or violence will not be disciplined for attendance issues without first giving full consideration to the circumstances surrounding the incident Such information will be treated in a confidential manner

by the Employer and the Union unless required by law to be produced

ARTICLE 19 - HOURS OF WORK OVERTIME ETC

1901 Nothing in this Agreement shall be construed as a guarantee of hours per day or days per week Notwithstanding where there is scheduled work available to partshy

time employees within the nursing department then by seniority within classification senior employees shall be scheduled to four (4) shifts per bi-weekly pay period and if scheduled shifts remain afte~ all available employees within the classification have been assigned to four (4) shifts then the balance will be distributed by seniOrity subject to the employees wishes to a maximum of six (6) scheduled shifts per pay period

1902 The normal shift shall be seven and one-half (7) hours worked

1903 Employees shall receive one-half () hour without pay for lunch during a normal shift

1904 (a) There shall be a paid fifteen (15) minute break period in each half ofthe shift for all employees

17

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 21: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull (b) Shifts shall be arranged so that no employees will work more than five (5)

consecutive days The Centre will endeavour to schedule two (2) conseshycutive days off Employees shall have every other weekend off This Article applies only to full- time employees

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

1905 Authorized work performed in excess of seven and one-half (7) hours per day unless regularly scheduled in excess of seven and one-half (7) hours per day or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 ) times the employees regular rate of pay

1906 In the event employees of their own accord for their own personal convenience wish to exchange shifts with appropriately qualified other employees presently in the employ of the Centre they shall first submit such request twenty-four (24) hours in advance of the proposed change in writing to the Director of Care or her authorized depu~ for her written approval The Centre shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as the direct result of the exchange of shifts

1907 Overtime rates shall be based on the employees regular rate of pay

1908 (a) (i) The call-in list shall be revised in April of each year Employees shall indicate whether they are available for call-ins

(iI) As the individual needs of employees change they may add or remove themselves form the call-in list throughout the year on two (2) weeks written notice

(iii) Where employees wish to be called in for other classifications they will be added to the bottom of that classification call-in list provided they have worked in that department within the last twelve (12) months

(iv) Where an employee accepted no call-ins within six (6) months that employee will be removed from the call-in list

(b) Any legitimate complaint in connection with the distribution of overtime will be adjusted by allocating additional overtime when same is avaUable

1909 All overtime declined by an employee shall count as overtime worked for the purpose of equal overtime distribution

18

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 22: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull 1910 An employee who reports for a normal shift at her 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 the Centre is unable to provide work for the employee because of fire lightning power failure storms or like causes of work stoppage beyond the control of the Centre The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number

1911 The scheduled hours of work for an employee the starting and quitting times each day and the time and duration of lunch period and time of rest periods will be determined by the Centre in accordance with its requirements Employees will be notified two (2) weeks in advance of any change in their shift schedules

1912 Shift schedules of a four (4) week duration will be posted two (2) weeks in advance and not changed unless the employee is called and is available The Centre will provide the Stewards with a copy of the shift schedules

1913 The principle of equal pay for work of equal value shall apply regardless of sex

1914 Appendix nAn is hereby made a part of this Agreement

1915 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 offour (4) hours

1916 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

1917 (a) There shall normally be a minimum of sixteen (16) hours off between normal scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s) There shall be no split shifts for employees unless mutually agreed

(b) Failure to provide at least sixteen (16) hours rest between regularly scheduled shifts which are being changed shall result in payment of overtime at established rates for any hours worked during the normal rest period

1918 (a) SCHEDULING OF SHIFTS - Full-time employees will indicate to the Centre their preference to work 8 9 or 10 shifts bi-weekly It is understood the Centre will attempt to schedule these shifts and that each individuals resultant new schedule may not reflect the same working days of their

19

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 23: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull previous schedule Conflicts may result between individual employee requests Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request

It is understood that employees may not request changes in this schedule for six (6) months The process will repeat itself every six (6) months

(b) For the purpose of assigning available hours ofwork in each department the Centre shall apply the seniority provisions of this Collective Agreement Such seniority shall be considered providing the employee is qualifiedand capable

(e) Forming part of Schedule A relating to job classifications and the houny rate thereof a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule A If the Employer wishes to establish a new classification it will be discussed sixty (60) days prior to with the Union and decided upon ten (10) days prior to the new classification taking effect

ARTICLE 20 bull GENERAL

2001 All employees who work between the hours of 300 pm and 700 am shall receive a premium of thirty cents (30cent) per hour for all hours worked

2002 Employees required to work more than two (2) hours overtime shall be provided with a meal by the Centre

2003 Any employee required by the Centre to take a course shall have

(a) the fee for the course paid

(b) if attendance is during working hours the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as thoughmiddot such employee were at work

(e) if the course requires travel the Centre will provide gas money or transportation to the said course

This clause shall not apply to changes in qualifications dictated by external sources If additional education or upgrading is required as a result of inadequate job performance or discipline this clause will not apply

20

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 24: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull ARTICLE 21 - VACATIONS

2101 Vacations with pay will be granted by the Centre in accordance with the following

(a) less than three (3) years of service Two (2) weeks of vacation with vacation pay of 4 of gross earnings

(b) more than three (3) years of service Three (3) weeks of vacation with vacation pay of 6 of gross earnings

(c) more than eight (8) years of service Four (4) weeks of vacation with vacation pay of 8 of gross earnings

(d) thirteen (13) years of service Five (5) weeks of vacation with vacation pay of 10 of gross earnings

(e) more than twenty-three (23) years of service Six (6) weeks of vacation with vacation pay of 12 of gross earnings

In computing vacation pay based on gross earnings the following items only shall be included actual wages earned overtime payments paid holidays and shift premiums

2102 An employee shall not be permitted to accumLilate her vacation from one year to another

2103 The time of vacations will be arranged between employees and their respective supervisors and the choice ofvacation times as requested on the vacation request sheet shall be in accordance with seniority consistent with the operational needs

of the Centre

Requests other than those made on a vacation request sheet will be considered based on the principle that the first request received will be the first request considered Requests shall be in writing and personally delivered to the employees supervisor Requests will be considered promptly and the employee will be given a written decision within seven (7) days of delivering the request to the supervisor

2104 A vacation request sheet shall be posted by March 1st The form will apply to the period from approximately June 1 to approximately May 30 in the year following Employees are free to request vacation time off on this sheet Employees may request all their vacation time off through the vacation request sheet but are not required to do so The sheet will be taken down on the first buSiness day following April 15 The Employer will then prepare the vacation schedule and that schedule

21

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 25: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull shall be posted by May 1 A vacation schedule once posted shall not be changed except by mutual agreement

2105 An employee shall be entitled to receive her vacation in unbroken periods of not less than two (2) weeks unless otherwise mutually agreed upon by the employee concerned and the Centre

2106 (a) An employee who leaves the Centre for whatever reason shall be paid her vacation allowance as provided herein

(b) On the death of an employee the vacation allowance will be paid tothe employees estate

2107 For the purpose of calculating eligibility the vacation year shall be the period from the employees date of last hire

2108 For the purpose of vacation entitlement part-time employees shall accrue years of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Notwithstanding if a part-time employee has been employed for one (1) year the individual is entitled to two (2) weeks of vacation with pay at four percent (4) of gross earnings

2109 Employees with more than two (2) weeks of vacation may use a week of vacation as single days

For an employee who is regularly scheduled to work five (5) shifts per week a week of vacation is five (5) days For an employee who is scheduled to work less a week of vacation would have a corresponding number of days

Employees must request such days on the vacation request form or request such days at least fourteen (14) days in advance to be assured consideration Requests with less than fourteen (14) days notice are considered at the Employers discretion

ARTICLE 22middot PAID HOLIDAYS

2201 The following days shall be recognized as paid holidays

a) New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Queens Birthday Christmas Day

22

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 26: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull Canada Day Boxing Day

to be observed July 151

b) Two (2) floating holidays to be taken at a time agreed upon between the Centre and the employee Any requests for float holidays off will be considered in the order by which the requests are received with the first request received being the first request considered All requests are considered consistent with the operational needs of the Centre Where such requests are made with at least ten (10) days notice and the request can be granted the Employer will be responsible for obtaining a replacement Where the request is made with less than ten (10) days notice and the request can be granted the employee will be responsible for obtaining a

replacement

c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement such additional holiday is to be recognized as a paid holiday in Article 2201 (a)

2202 An employee is eligible for the listed holidays if the employee has worked her full scheduled shift prior to the holiday and herfull scheduled shift following the holiday and if she was scheduled to work on the holiday did so

An employee is still eligible for the listed holidays if she fails to work her full scheduled shift prior to the holiday or her full scheduled shift following the holiday in either case for reasonable cause

The Employer reserves the right in circumstances in which it would be appropriate to exercise that right and particularly if the employee has failed to work both the

shift prior and following the holiday to require the employee to provide appropriate confirmation of the cause and where the employee fails to provide such confirmation to deny any payments

2203 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 employees hourly rate of pay times the number of hours worked at straight time rates Vacation pay is any vacation pay paid to the employee during the four (4) work weeks

2204 An employee who is required to work on one of the above noted holidays is entitled to be paid time and one half for all hours so worked

23

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 27: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull 2205 An employee may take a holiday with pay at any time within the sixty (60) days

following the holiday provided such time is mutually agreeable between the employee and the Employer but if the employee does not take the holiday during the sixty (60) days the Employer shall schedule the holiday within the thirty (30) days following the sixty (60) days

Alternatively ifthe employee gives the Employer written notice she wishes to waive the holiday as time off the Employer will pay the employee her holiday pay as part of the regular pay for the pay period during which the holiday occurs Any such notice applies to all the holidays that occur after the notice is received and continues unless revoked in writing by the employee

2206 If one of the holidays listed in section 01 occurs during an employees vacation section 05 applies

ARTICLE 23 - CLASSIFICA1IONS AND WAGES

2301 Classifications and wages are set out in Appendix A of this Agreement

2302 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 2301 ofthis Agreement On each pay day each employee shall be provided with an itemized statement of her wages and deductions

2303 The employees will receive their pay stubs at the shift end on each pay day The Employer will pay the employees no later than 1 00 pm on the last regular banking day before a Statutory Holiday

ARTICLE 24middot PAID LEAVE

Employees Hired Prior to May 10 2000

2401 (a) Sick leave is defined as being that period of time an employee is permitted to be absent from work with full pay by virtue of being sick or disabled Employees absent from work because of an accident for which compensation is not payable underthe Workplace SafetY and Insurance Act shall be covered by these sick leave provisions

(b) A full-time employee shall be entitled to a credit of one (1) day per month to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each month of service

24

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 28: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull (c) A part-time employee shall be entitled to a credit of one (1) day per one

hundred and twelve and one half (112) hours worked to a maximum of twelve (12) days This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112) hours worked

(d) The Centre may require a medical certificate from an employee for any absence by reason of illness or disability

(e) Sick leave pay shall be equal to the employees regular wage (exclusive of overtime premium etc) for hours regularly scheduled to the extent of her accumulated sick leave credits

(f) Sick leave shall not be utilized when an employee is eligible for weekly indemnity payment

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

Employees Hired Effective May 10 2000

2402 (a) Employees hired after May 10 2000 who have completed probation shall be paid forty cents (40cent) per hour paid by the Employer in lieu of any form of Employer paid sick leave

For clarity hours paid include all hours paid for work performed paid leave of any nature including leave under this system and the hours an employee is absent because of vacation

All monies earned are banked in a paid leave bank hereinafter the leave bank

(b) If an employee is absent for any reason and is not otherwise paid these banked hours may be used at the employees discretion to maintain earnings

(c) In addition to using the leave bank for maintaining eamings while absent employees will be paid one half of the value of their leave bank as of (approximately) November 15th of each year This payment will be made during the first two (2) weeks of December in each year

(d) If employment concludes employees will be paid the value of their paid leave bank as part of their final pay

25

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 29: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

--

bull bull (e) The Centre may require a medical certificate from an employee for any

absence by reason of illness or disability

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible

ARTICLE 25 bull HEALTH AND WELFARE

2501 Pension Plan

(a) Effective January 10 2004 the Centre agrees to contribute forty-five (45cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 82005 the Centre agrees to contribute forty-seven (47cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

Effective January 72006 the Centre agrees to contribute forty-nine (49cent) cents per hour to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) for all hours paid to full-time and part-time employees Hours paid shall not include weekly indemnity payments

(b) For the purpose of paragraph (a) above the maximum number of hours in a bi-weekly pay period shall be seventy-five (75) The said hours will include the hours paid by the Centre for time not worked because of illness or accident vacation paid holidays bereavement leave jury duty negotiations and grievance meetings

(c) The Centre agrees to sign a Participation Agreement and supply any other documents forms reports or information required by the Trustees of the Perlsion Plan The Centre shall forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each ofthe Centres four (4) or five (5) week accounting periods

2502 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 63 of gross insured monthly

26

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 30: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull earnings plus applicable taxes of all eligible employees having completed three (3) months of contin~ous service Effective July 10 2004 the Employer agrees to contribute an amount equal to 68 and effective July92005 the Employer agrees to contribute an amount equal to 73

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 27 of their respective gross insured weekly earnings plus applicable taxes or any other reasonable basis of contribution determined by the Board ofTrustees ofthe Commercial Workers Group Insurance Plan

2503 Dental Plan

Effective January 10 2004 the Centre will pay twenty-nine cents (29cent) per hourmiddot worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 8 2005 the Centre will pay thirty cents (30cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

Effective January 7 2006 the Centre will pay thirty-one cents (31cent) per hour worked and paid plus applicable taxes to all bargaining-unit employees up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario

The Centre shall list the employees for whom contributions are made list the hours worked during the monthly accounting period and complete and file with the Trust FundPlan any other documentation required by the Administrator or the Trustees

Hours worked shall include regular hours overtime statutory holiday pay vacation pay and sick leave pay The Centre shall sign the entry forms for the Trust Fund and shall remit its contribution to the Fund within twenty-one (21) days following the Centres monthly accounting period

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

2601 The Centre and the Union agree that they mutually desire to maintain standards of safety and health in the Centre in order to prevent injury and illness

2602 A Joint Management and Employees Health and Safety Committee shall be constituted with representation of at least half by employees from the various

27

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 31: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions which shall identify potential dangers recommend means of improving the health and safety programs and obtaining information from the Centre orother persons respecting the identificati9n of hazards and standards elsewhere The committee shall normally meet at least once a month Scheduled time spent in such meetings is to be considered time worked Minutes shall be taken of all meetings and copies shall be sent to the Centre and to the Union

2603 Two representatives of the Joint Health and Safety Committee one from management and one from the bargaining-unit employees on a rotating basis designated by the employees shall make monthly inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection In the event of accident or injury such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Centre on the nature and causes of the accident or injury Furthermore such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections Scheduled time spent in all such activities shall be considered as time worked

2604 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work acCident fatalities the number of lost workday cases the number of lost work days the number of non-fatal cases that required medical aid without lost work days the incidence of occupational injuries and such other data as the Workplace Safety and Insurance Board may decide to disclose

2605 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practice

2606 One (1) employee representative of the Joint Health and Safety Committee on a rotating basis deSignated by the bargaining- unit employees shall be entitled to time off from work with no loss of seniority or earnings to attend seminars sponsored by government agencies for the purpose of instruction and upgrading on health and safety matters Prior to attending a seminar an employee will provide the Centre with reasonable notice of her attendance

ARTICLE 27 bull COPIES OF THE AGREEMENT

2701 The Union and the Centre desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it For this reason the Union shall print sufficient copies of the Agreement within thirty (30) days of signing with the cost to be borne equally between both parties

28

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 32: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull ARTICLE 28 - CLOTHING ALLOWANCE

2801 The Centre agrees to pay a clothing allowance to persons employed as of December 1 of each year The payment will be made during the month of December

The payment is based on the number of hours the employee works during the period beginning with the start of the pay period in which December 1 of one year occurs and ending with the end of the pay period prior to the pay period in which December 1 occurs in the year following

Dollar Value

Hours Worked 2004 2005 2006

300 hours or more but less than 600 hours $2500 $2600 $2700

600 hours or more but less than 900 hours $5100 $5200 $5400

900 hours or more but less than 1200 hours $7700 $7900 $8100

1200 hours or more but less than 1500 hours $10200 $10400 $10700

1500 hours or more $12800 $13100 $13400

ARTICLE 29 - MISCELLANEOUS

2901 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor she shall receive an allowance of fifty cents ($50) per hour worked for each shift assigned

2902 Proper accommodations and equipment shall be provided for employees to store and change their clothes and to prepare and take their meals

2903 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half () shift she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours such employee shall receive a premium of fifty (50cent) cents on her regular rate of pay for all hours worked provided the rate of pay thus

29

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 33: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull established does not exceed the Co-ordinators rate of pay in which case the rate thereto shall be the Co-ordinators rate

2904 Protective clothing andor other devices upon request will be provided for employees when dealing with infection or other communicable diseases Effective January 12 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centres expense

2905 Health Office and Professional Employees UFCW Education ampTraining Fund

1) The Centre will contribute on an annual basis the sum of five hundred dollars ($50000) by July 1st of each year to the Local 175 Employees Education and Training Fund

2) The Centre shall sign the entry forms provided

2906 The Employer will designate an appropriate area in which the Union cim place a filing cabinet The cabinet is to be used for the secure storage of Union property The Employer is not responsible in any fashion for the cabinet or the materials contained in it

ARTICLE 30 bull RESIDENT ABUSE

3001 At the time of ratification of this Collective Agreement by the employees the Union will inform the employees that Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge

3002 Staff Abuse by Residents - The parties of the Joint LabourManagement Committee have developed a policy on this matter This policy will be reviewed with new employees at orientation The Committee may review this policy from time to time

ARTICLE 31 - DURATION

3101 This Agreement shall remain in force and effect from January 1 2004 until December 312006 and until all provisions ofthe Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended

3102 Either party may give the other party notice in writing of renewal andor amendment of this Agreement at any time within ninety (90) days of December 31 2006 The parties shall agree to meet within fifteen (15) days of such notice being received

30

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 34: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull NOTE All changes with the exception of wages (Schedule A) which become effective

on the specified dates and others so noted in the various amendments shall become effective following ratification (May 13 2004) of this Agreement

)1L( this 200~Dated at o~ ~daYOf~1W 1

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 115 APPOINTED RECEIVER AND MANAGER OF DlGNICARE INC ~O~V~ AND WITHOUT PERSONAL AND Q RPO TE LIABILITY

(

Per Michael K Carson CA CJP Vice President

31

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 35: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull SCHEDULE A

The rates of pay and classifications shall be as follows

Classification Effective date STARTmiddot AFTER ONE

YEAR AFTER TWO

YEARS

Registered January 1 2004 $1628 $1737 $1815 Practical Nurse March 1 2004 1637 1747 1825

July 1 2004 1646 1756 1835 January 1 2005 1726 1841 1924 July 1 2005 1744 1860 1944 January 1 2006 1823 1945 2032

Certified Cook January 1 2004 1502 1590 1638 March 1 2004 1511 1600 1648 July 1 2004 1520 1610 1658 January 1 2005 1550 1641 1690 July 1 2005 1568 1660 1710 January 1 2006 1596 1691 1741

Cook January 1 2004 1464 1554 1600 March 1 2004 1473 1563 1610 July 1 2004 1482 1573 1620 January 1 2005 1501 1592 1640 July 1 2005 1519 1612 1660 January 1 2006 1537 1631 1680

Graduate Health January 1 2004 1437 1543 1574 Care Aide March 1 2004 1446 1552 1584 Certified July 1 2004 1455 1562 1594 Personal January 1 2005 1485 1594 1627 Support Worker July 1 2005 1504 1614 1647

January 1 2006 1533 1645 1680

Nurse Aide January 1 2004 1410 1515 1546 March 1 2004 1419 1525 1556 July 1 2004 1428 1535 1566 January 1 2005 1455 middot1563 1595 July 1 2005 1473 1583 1615 January 1 2006 1499 1611 1644

Dietary January 1 2004 1404 1509 1538 Housekeeping March 1 2004 1413 1519 1548 Laundry or July 1 2004 1422 1528 1558 Maintenance January 1 2005 1448 1556 1586 Aides July 1 2005 1466 1575 1606

January 1 2006 1492 1603 1634

32

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 36: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull Classification Effective date

START AFTER ONE YEAR

AFTER TWO YEARS

Co-ordinators or Maintenance

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1532 1542 1551 1594 1613 1655

1573 1582 1592 1636 1656 1698

1613 1623 1633 1678 1698 1742

Restorative Care or Activation Aide

January 1 2004 March 1 2004 July 1 2004 January 1 2005 July 1 2005 January 1 2006

1433 1443 1452 1478 1496 1523

1539 1548 1558 1587 1606 1635

1570 1580 1590 1619 1639 1668

For placement on the salary grid (Schedule A) part-time employees shall accrue a year of service on the basis of fifteen hundred (1500) hours worked equals one (1) year

Employees who move to a higher classification from a lower one will receive the first wage rate in the new classification which is higher than their existing wage rate

Proxy Pay Equity adjustments totalling $150 are included in these rates

33

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 37: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull LETrER OF INTENT

BETWEEN

PERTH COMMUNITY CARE CENrRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175 lt

RE DENTAL PLAN

The Union will support and facilitate the enrolment of ONA employees of Perth Community Centre as designated by the Employer from time to time in the United Food and Commercial Workers Trusteed Dental Plan - Ontario under the same terms and conditions as Bargain~~ ~nemployees _

Dated at ~I- bull this QI gtr dayof a 1 200)M

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHQUT PERSONAL AND CO RORA E LIABILITY

Per Michael K Carson CA CIP Vice President

34

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 38: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull LETTER OF CLARIFICATION

between

PERTH COMMUNITY CARE CENTRE

and

UNI1TED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE PAY EltilUITY ADJUSTMENT

During the recent round of negotiations the Company raised a concern that there should be a clarification in the Collective Agreement which outlines the fact that Pay Equity adjustments lof $150 were incorporated in wage rates The Company concern in this matter arises from the thoughts of the Company that should Pay Equity be rescinded by legislation in the future it is of importance to the Company that pre-Pay Equity rates be clear

The Union agrees that this clarification is very apparent in the note on Appendix A which states Proxy Pay Equity adjustments totalling $150 are included in these rates

Trusting thi~m~ ts your concern an1atisfaction I remain ~~~

Dated at this ~ day of )- The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF D GNICARE INC AND W QUT ERSONAL AND C 0 E LIABILITY

Per Michael K Carson CA CIP Vice President

35

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 39: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE TIME LIMITS The parties acknowledge that in accordance with the Ontario Labour Relations Act a grievance must be referred to arbitration within the time limits contained in this Collective Agreement or the referral may not be timely and the matter in dispute may not be arbitrable

Notwithstanding except where the party replying to the grievance at the final step raises this issue and thereby gives notice to the other party that the first party intends to rely on the specific time limits then neither party will raise any issue of timeliness at any subsequent arbitration

The foregoing is not intended to extend time limits indefinitely and is agreed in the interest of harmonious labour relations

Either party may give the other party written notice and this letter would cease to have meaning aLnfor any grievance filed on or after the date of such noti~

QI gt~ dayJdIM1Dated at bull this 200

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FORSURGESONCARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT OUT P RSONAL AND CO ORAli LIABILITY

Per Michael K Carson CA CIP Vice President

36

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 40: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE ORIENTATION RIGHT

New employees at the time of hire are scheduled to a certain number oforientation shifts During such shifts the individuals are extra to the Employers normal complement of workers

Such new employees will be scheduled to a certain number of orientation shifts with the number dependent on the department or the number of different scheduled shifts the individual would work but regardless to a maximum of five (5) shifts Such orientation shifts should occur within the first two (2) weeks from the date of hire

In the Nursing Department an additional one (1) or two (2) shifts may be provided if the new employee

i lacks previous experience or

ii such additional orientation is recommended by the employee who is training the new employee or

iii if the new employee has not demonstrated the ability to perform the job and it is reasonable to presume they could do so with the additional orientation

Employees working orientation shifts shall be paid at the rate of $750 per hour except in the case of registered practical nurses in which case the amount shall be $1150 per hour

If the new employee is not scheduled as an extra they are paid at the start rate for their classification

Once the orientation has been completed the new employee is paid at the start rate for their classification

37

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 41: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull Where a regular employee is assigned to train the new employee during the orientation period the regular employee will be paid a premium of $100 per hour in addition to their normal hourly rate of pay The Employer will designate the regular employee

Dated at ~ this ~dayO~~ 200~L

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND ~ 0 0 - ~ltMANAGER OF DIGNICARE INC (~Jr) yen_ -~ AND WITHOUT PERSONAL AND CO PltDRA E LIABILITY

Per Michael K Carson CA CIP Vice President

38

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 42: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNIrED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE SIGNING BONUS

Pay each employee who worked at least one shift during the months of November or December of2003 and who was employed as of December 31 2003 a lump sum signing bonus as follows

Full-time - $20000 Part-time - $10000

This payment is subject to normal statutory deductions but is not earnings for any other purpose under this Collective Agreement

This will belfa e as a separate paymen~ W

Datedat (jjJ this ~daYOf~k1 200ltf

The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND RoMANAGER OF DIGNICARE INC AND W JHOUT ERSONAL

ANDrOTE LIABILITY

Per Michael K Carson CA CIP Vice President

39

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 43: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 175

RE RESTORATIVE CARE AIDE OR ACTIVITY AIDE

Current incumbents in the position of Restorative Care Aide or Activity Aide will continue to be paid at the Certified Health CarePersonal Support Worker rate unless they voluntarily leave the position The incumbents are Betty Rowsome Mary Clarke Heather Mitchell and Tammy Weiss

Dated at cAL this ~dayO~ 2004~ The receivers liability shall be limited in the aggregate of the Net Realized Value of the assets The Net Realized Value shall be as defined by the Court

FOR SURGESON CARSON ON BEHALF OF THE ASSOCIATES INC SOLELY UNITED FOOD amp COMMERCIAL IN ITS CAPACITY AS COURT WORKERS UNION LOCAL 175 APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WIT UT I ERSONAL

AND COr [) E LIABILITY

Per Michael K Carson CA CIP Vice President

Seplerrber 16 2004 cep571() CIDocIImenIS ancI SetllngslAdmlnlMy Oocumenlscolledive agreemenlsPer1I CoomInlty Care slgwpd

40

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 44: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull AMENDED PAY EQUITY PLAN

(Amended Plan)

Between

DIGNICARE (In Receivership) COB PERTH COMMUNITY CARE CENTRE

(the Employer)

And

UNITED FOOD AND COMMERCIAL WORKERS LOCAL 175

(the Union)

This amended plan applies to all the employees represented by the Union employed by the Employer

The parties agree that the classifications in the collective agreements constitute female job classes and the current differ~ntials between job classifications in the bargaining unit shaH be maintained except as it may be m~fied in collective bargaining

The parties agree that the 3 payment in 1995 which exceeded the employers minimwn obligation by 2 carries forward and captures the obligations up to and including the expiry dates ofthe prior col1ective agreements

The adjustments in this Agreement resolve all current outstanding issues of pay equity and the obligations under the Proxy Pay Equity Plan for 2001 2002 2003 and to the expiry of the agreements negotiated and ratified and expiring in 2003 or later

The Pay Equity adjustments will be as follows

July 12001 - 7 cents per hour July 12002 - 8 cents per hour

-iuly 12003 - 15 cents per hour March 1 2004 - 10 cents per hour

The parties further agree that the following additional pay equity adjustments resolve the remaining pay equity obligations and will be paid on the following dates

July 1 2004 - 10 cents per hour July 12005 - 10 cents per hour July 12006 -10cents per hour

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 45: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull Any new classifications that may be created in the bargaining unit shall be deemed to achieve pay equity through the application of the attached provision

The parties agre~ that there was no requirement for a pay equity adjustment at times other than those as identified in the Memorandum of Settlement

The parties agree that this agreement satisfies any and all requirements of the Pay Equity Act

The Union agrees that it will not support any pay equity claim with respect to the existing pay-equity plan between UFCW and the Employer or any amendments thereto If an individual or group of individuals seeks legal or administrative review of the pay equity plan or amendments thereto it is agreed that the collective agreement will be adjusted to offset any award by the Pay Equity Tribunal or other legal entity

SIGNED at ~ bull Ontario this day of yen

FOR SURGESON CARSON ASSOCIATES INC SOLELY IN ITS CAPACITY AS COURT APPOINTED RECEIVER AND MANAGER OF DIGNICARE INC AND WITHOUT PERSONAL ON BEHALF OF THE UNIT FOOD amp AND CORPORATE LIABILITY COMMERCIAL UNION

-2shy

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy

Page 46: t-~~~~r'IiiiiiICTIVE AGREEMENT Care... · 2016-03-23 · Perth Community Care Centre in Perth, Ontario, save and except supervisors, persons above the rank of supervisors, registered

bull bull If

RE PERTH COMMUNITY CARE CENTRE AND

UNITED FOOD AND COMMERCIAL WORKERS

Attachment to Amended Pay Equity Plan

When a new classification within the bargaining unit is established by the Employer the Employer shall determine the rate ofpay for such new classification Once the rate is determined then within seven (7) days the Employer shall advise the Union of the rate

If the Union disagrees with the rate it shall have the right to request a meeting with the Employer provided the Union requests such meeting within ten (10) days of receiving the notice from the Employer At such meeting the parties will review the rate the Employers rationale for establishing the rate and the reasons the Union disagrees with the rate If the parties reach agreement the agreement is effective as of the date on which the Employer gave the Union notice of the new rate lfthe parties are unable to reach an agreement either party may refer the dispute to arbitration as provided in this agreement provided the referral is made within 15 days of the meeting

Any decision by a Board of Arbitration or Arbitrator as the case may be shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications

Any change awarded as a result of arbitration shall be retroactive only to the date on which the Employer gave the Union notice ofthe new rate

The parties agree that if in subsequent collective bargaining there was an agreement on language similar to the language contained in this attachment and such a language was then incorporated into the Collective Agreement then this attachment would cease to have meaning and application but the pay equity agreement ofwhich it is an attachment would continue

-3shy