Unit No. 567/567A

COLLECTIVE AGREEMENT

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA

-AND-

DAWN HOUSE WOMEN'S SHELTER

EFFECTIVE JANUARY 1 2016- June 30 2017

TABLE OF CONTENTS

ARTICLE 1 -PURPOSE .................................................................................................. 3 ARTICLE 2- RECOGNITION .......................................................................................... 3 ARTICLE 3- MANAGEMENT RIGHTS ........................................................................... 3 ARTICLE 4 -DEFINITIONS .............................................................................................. 4 ARTICLE 5- UNION SECURITY ..................................................................................... 5 ARTICLE 6- NO DISCRIMINATION ................................................................................ 6 ARTICLE 6 - NO STRIKES OR LOCKOUTS ................................................................ 6 ARTICLE 7- UNION REPRESENTATION AND COMMITTEES ..................................... 6 Article 8- Grievance and Arbitration ................................................................................. 9 ARTICLE 9 SENIORITY ............................................................................................... 13 ARTICLE 10 - JOB SECURITY ..................................................................................... 15 ARTICLE 11 JOB POSTING .......................................................................................... 17 ARTICLE 12- NO CONTRACTING OUT ...................................................................... 18 ARTICLE 13- WORK OF THE BARGAINING UNIT ...................................................... 18 ARTICLE 14 LEAVE OF ABSENCE ............................................................................. 18 ARTICLE 15 - HOURS OF WORK ................................................................................ 22 ARTICLE -16 WAGES AND CLASSIFICATIONS .......................................................... 23 ARTICLE 17 VACATIONS ............................................................................................. 24 ARTICLE 18- STATUTORY HOLIDAY ......................................................................... 25 ARTICLE 19- HEALTH LEAVE ..................................................................................... 26 ARTICLE -20 -BENEFITS .............................................................................................. 26 ARTICLE 21 - GENERAL .............................................................................................. 27 ARTICLE -22- TERM AND DURATION ........................................................................ 28 APPENDIX "A" ............................................................................................................... 29

(WAGES AND CLASSIFICATIONS) .......................................................................... 29 LETTER OF UNDERSTANDING ................................................................................... 30

RE: Scheduling Of Twelve (12) Hour Shifts ............................................................. 31 RE: Severance Pay .................................................................................................... 32

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ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish and maintain conditions of employment, hours of work and wages with respect to employees covered by this Agreement, and to maintain and improve harmonious relations in the workplace and to provide for a prompt and equitable disposition of grievances which might arise during the term of this Agreement, so that there will not be any interference with the operation of the services offered by Dawn House Women's Shelter Inc.

1.02 The Vision of Dawn House Women's Shelter Inc. as a feminist organization is to empower and support women and children in their right to unrestricted choices. The purpose of Dawn House is to provide temporary shelter for women aged 16 and over and their children, who are experiencing a housing crisis. Dawn House believes that adequate, affordable, accessible housing is a basic need and right of all women and children.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Service Employees Union, Local 1.Canada as the Bargaining agent for all employees of Dawn House Women's Shelter Inc., in the City of Kingston, save and except, Executive Director and persons above the rank of Executive Director.

2.02 The term "employee" as used in this Agreement shall mean only those employees who are included in the bargaining unit.

2.03 The Employer undertakes that they will not enter into any other 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 Agreement.

2.04 The employees of the Employer not covered by this Agreement shall not perform work normally performed by Bargaining Unit employees except where mutually agreed.

2.05 The Employer will not contract out bargaining unit work except where mutually agreed.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges and recognizes that the management of the Employer's operations and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer

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except as limited by an express provision of the Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) Maintain order, discipline and efficiency;

(b) Hire, assign, promote, demote retire, discharge, classify, transfer, lay-off, recall and suspend or otherwise discipline employees, provided that a claim of discharge or discipline without just cause by an employee who has completed his/her probationary period may be the subject of a grievance and dealt with as hereinafter provided;

(c) Determine in the interest of efficient operation and highest standards of service, classification, hours of work, work assignments, methods of doing the work, and the working establishment of any service and the standards of performance for all employees;

(d) make and enforce and alter from time to time reasonable rules and regulations to be observed by all employees. Such rules and regulations shall be communicated to the employees and the Union at the time of their introduction or amendment;

(e) Determine the number of personnel required, services to be performed and the methods, procedures and equipment to be used in connection therewith.

3.02 The Employer agrees that these rights shall not be exercised in a manner inconsistent with the express provisions of this agreement.

ARTICLE 4 -DEFINITIONS

4.01 Permanent full-time employees are hereby defined to be those persons regularly employed more than 24 hours weekly.

4.02 Permanent part-time employees are hereby defined to be those persons regularly employed 24 hours or less weekly.

4.03 Unscheduled Part-time - An unscheduled part-time Employee is a part­time Employee who is called to work on a call-in basis, but does not work a regular schedule, or does so only for a specific period. Such Employee has the option of refusing work when it is made available to her, however, it is understood that an unscheduled part-time Employee who has provided availability cannot unreasonably or consistently refuse to work shifts.

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Unscheduled part-time employees will only be offered shifts when all other employees have been exhausted.

4.04 the term "regular pay" and "straight pay" when used in this agreement shall mean the amounts indicated in the wage classification contained in Schedule "A".

ARTICLE 5- UNION SECURITY

5.01 As a condition of employment, Dawn House Women's Shelter ,will deduct from each employee covered by this Agreement an amount equal to the regular monthly union dues designated by the Union.

Such dues shall be deducted from each pay_for employees. In the case of newly hired employees each employee shall be subject to a one (1) time Union Initiation Fee as directed by the Secretary Treasurer of the Union Initiation Fees and Dues deductions shall commence in the month of hire.

The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify Dawn House Women's Shelter of any changes therein and such notification shall be the Employers_conclusive authority to make the deductions specified.

In consideration of the deducting of Initiation Fees and Union dues by the Dawn House Women's Shelter , the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

Monthly deductions shall be made and forwarded to the Secretary · Treasurer of the local Union on or before the 151h of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed. The Employer agrees to forward a list of dues deductions in an electronic format provided by the Union showing the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made

Dawn House Women's Shelter will provide each employee with a T 4 supplementary slip showing the dues deducted in the previous year for income tax purposes where such information is available or becomes readily available through the Employers payroll system.

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5.02 The Employer shall notify the Chief Steward of the hiring of all new employees by no later than the new employee's first day of work. A representative designated by the Union shall be allowed an opportunity to meet each new employee for up to fifteen (15) minutes during working hours for the purpose of acquainting the employee with the Union. Such interview opportunity shall occur within thirty (30) days of hiring. The Employer will notify the Union of the employee's first day of work and designate an area and time for the Union to meet the employee so that the meeting shall not interfere with the normal operations of the shelter. If that time and place is not convenient, the Union will make its own arrangements

ARTICLE 6 · NO DISCRIMINATION

5.03 The Employer and the Union agree that neither they nor their agents, shall discriminate against any employee, or intimidate, threaten, coerce, or restrain her because of her membership or non-membership, or activity or non-activity, past, present or future in the Union.

5.04 Both parties agree that, subject to an occupational requirement and the Ontario Human Rights Code, they will not discriminate against any employee by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

5.05 Notwithstanding articles 5.03 and 5.04, the parties acknowledge that the Employer shall only hire women, in accordance with Article 1 of this agreement and S 14 of the Ontario Human Rights Code.

ARTICLE 6 • NO STRIKES OR LOCKOUTS

6 .01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts so long as this Agreement continues to operate. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

ARTICLE 7 ·UNION REPRESENTATION AND COMMITTEES

7.01 (a) The Union will elect or otherwise select a negotiating committee consisting of the two (2) stewards.

(b) All members of the committee shall be regular employees of the Employer who have completed their probationary period.

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(c) The members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiation of this Agreement or its successor including all conciliation proceedings.

7.02 The Employer will recognize a Union Administrative Committee which shall consist of a Chief Steward and one (1) steward. Two (2) committee members shall meet with Management . The Employer shall be advised of the names of members of this committee and shall be notified of any changes from time to time.

All members of the committee referred to above shall be regular employees of the Employer who have completed their probationary period.

7.03 The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged.

The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with the Employer. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.

7.05 Labour Management Committee

Where there are matters of mutual concern and interest that would be beneficial if discussed at a Labour-Management Committee meeting during the term of this Agreement, the following will apply.

An equal number of representatives of each party as mutually agreed shall meet at a time and place mutually satisfactory. A request for such meeting will be made in writing at least one ( 1) week prior to the date proposed and accompanied by an agenda of matters proposed to be discussed, which shall not include matters that are properly the subject of a grievance or matters that are properly the subject of negotiations for the amendment or renewal of this Agreement. Suitable subjects for discussion will include orientation, aggressive residents, scheduling and workload issues.

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A representative attending such a meeting shall be paid for all hours attended at the meeting. A Union staff member shall attend as a representative of the Union. Meeting will be held quarterly unless otherwise agreed.

7.06 Return to Work

(a) The employee acknowledges her obligations and the Employer acknowledges the Employer's obligations regarding an Early and Safe Return to Work programs as may be set out under the Workplace Safety and Insurance Act, and the Human Rights Code. The Union agrees that this Collective Agreement will be interpreted in such a way as to permit those obligations to. be discharged.

(b) The parties will review at the Labour Management Committee within three (3) months of ratification its Early and Safe Return to Work programs for work related injuries.

(c) The Employer agrees that its Early and Safe Return to Work programs will include a statement that the Employer will make reasonable effort to provide modified duties.

(d) Prior to any disabled employee returning to work from a disability including WSIB to any modified/light/alternate work program, the Employer will notify and meet with a member of the Union Committee to consult on the back to work program. Nothing in this language obligates the Employer to establish .a modified/light/alternate work program, except as required by law.

(e) The parties agree that the requirement to consult in the Return to Work language does not in any way mean that the Union's consent is required for the back to work program for the work force.

7.07 With prior agreement of the Executive Director or designate, the Union Representative who has been assigned in writing by SEIU Local1 Canada to the bargaining unit may have access to their members for servicing duties. Such agreement shall not be unreasonably withheld. Notwithstanding the above, it is understood and agreed that the activities of the Union Representative shall not disrupt the normal operations of the workplace. The Employer may designate an area of the building where such access will take place.

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ARTICLE 8- GRIEVANCE AND ARBITRATION

8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and Dawn House Women's Shelter or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement.

8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated.

8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her steward. In the case of suspension or discharge, the Employer shall notify the employee of **his or her right in advance.

Where the Employer deems it necessary to suspend or discharge an employee, the Employer shall notify the Union of such suspension or discharge in writing, within three (3) days. The time limits for filing a grievance shall commence with the notice to the Union

8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. The grievor may have the assistance of a Union Steward if s/he so desires.

Early Resolution

Such complaint shall be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to the complaint or ought reasonably to have come to the attention of the employee.

Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his or her immediate supervisor's decision in the following manner and sequence:

Step 1

A Union steward shall submit the signed, written grievance to the Executive Director or designate. The grievor may accompany the Union Steward. The Executive Director or designate will deliver her decision in writing within five (5) days following the day on which the written grievance was presented to her. The Union and the Employer may meet to discuss the

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grievance at a time and place suitable to both parties. Failing settlement, then: Step 2

Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Executive Director.

A meeting will then be held between the Human Resources Department and the Union Steward(s) or Grievance Committee, who may be accompanied by the Union Representatives, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties.

The decision of Executive Director shall be delivered in writing to the Union Steward and Union Representative within ten (1 0) days following the date of such meeting

8.05 Policy Grievance

A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 2 within ten (1 0) days following the circumstances giving rise to the grievance, or ought reasonably to have come to the attention of the union

It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which s/he could have instituted himself/herself and the regular grievance procedure shall not be by-passed.

Where the grievance is a policy grievance it shall be filed with the Grievance Committee.

8.06 Group Grievance

Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to the Executive Director or designee within ten (1 0) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

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8.07 Discharge Grievance

If an employee, who has completed his or her probationary period, claims that s/he has been unjustly discharged, such claim must be submitted in the form of a signed grievance by the Union Steward at , Step 2 of the grievance procedure the Executive Director within five (5) days following the date the discharge is effective, or ought reasonably to have come to the attention of the union. The grievor may accompany the Union Steward.

Such grievance may be settled under the Grievance and Arbitration procedure by:

(a) confirming the Employer action in discharging the employee, or

(b) reinstating the employee with up to full wages, seniority, service, and any other damages that would make the employee whole.

(c) any other arrangement which may be deemed just and equitable.

8.08 (a) Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned. Timelines may be extended by mutual agreement of the parties.

(b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator/arbitrator.

8.09 Agreements reached under the grievance procedure between the representatives of the Employer and representatives of the Union will be final and binding upon the Employer, the Union and the employee(s).

8.10 Grievance Mediation

a) ~It is the mutual desire of the parties that grievances which have been properly gone through the grievance procedure be resolved in a mutually satisfactory manner.;

Either party may request the use of Grievance Mediation at any time 11

within (1 0) ten days after the Employer's decision has been rendered at the step prior to arbitration, such step shall not be denied in an arbitrary matter. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

b) Grievance Mediation will commence at a time mutually agreed, understanding that the parties will endeavour to hold such mediation within twenty-one (21) days.

c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

d) The parties shall make good faith efforts to agree on a Mediator. In the event that no such agreement can be reached, the parties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement.

e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.

f) If possible, an agreed statement of facts will be provided to the Mediator and if possible, in advance of the Grievance Mediation.

g) The Mediator will have the authority to meet separately with either party.

h) If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to at Arbitration.

i) The Union and Employer will share the cost of the Mediator, if any.

8.11 Arbitration

a) For the purpose of this Article, reference to "days" shall exclude Saturdays, Sunday and Statutory Holidays.

b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement,

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including any question as to whether a matter is arbitral, or where an allegation is made that this agreement has been violated, either of the parties may after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. This notice shall include three (3) names of Arbitrators in order for the other parties to agree to (1) one. The other party shall choose one within seven (7) days or submit alternate names .

. If the recipient of the notice fails to choose an arbitrator, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The decision of the arbitrator shall be binding.

c) No person may be appointed who has been involved in an attempt to negotiate or settle the grievance.

d) Each of the parties hereto shall share the expenses of the Arbitrator.

e) The decision of the Arbitrator shall be final and binding on the employer, the Union and the employee(s) affected, provided, however, that in no event shall the Arbitrator have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decisions in conflict with the provisions of this Agreement.

f) In the absence of an agreement within fifteen (15) calendar days of referring the matter to arbitration either party may request the Minister of Labour to appoint a Sole Arbitrator under the Labour Relations Act, 1995.

g) The parties acknowledge the time limits set out in both the grievance and arbitration procedures must be strictly complied with, except by written agreement to extend them, and failure to do so shall result in the grievance being deemed to have been abandoned,

notwithstanding the provisions of Section 48(16) of the Labour Relations Act.

ARTICLE 9 SENIORITY

9.01 Seniority as referred to in this Agreement shall be the length of continuous service with the Employer in the bargaining unit since original date of hire.

The seniority of all employees shall be the original date of hire.

9.02 A newly hired employee shall be on probation for a period of 375 hours or 13

six (6) months whichever occurs first respectively from the date of hire and will have no seniority rights during this probationary period.

9.03 Notwithstanding anything in this Agreement, a probationary Employee may be disciplined, suspended or discharged at the sole discretion of the Employer. Such discipline, suspension or discharge of a probationary Employee shall not be subject to the grievance or arbitration procedures unless the discipline, suspension or discharge was done arbitrarily or in bad faith. A probationary Employee, who believes she has been disciplined, discharged, or suspended arbitrarily or in bad faith, shall be entitled to Union representation at a meeting with the Employer.

9.04 An employee shall lose all seniority and shall be deemed to be terminated if;

a) the employee resigns;

b) the employee is discharged for cause and the discharge is not reversed by Agreement of the parties, or through the grievance and arbitration process;

c) the employee fails to return to work after the completion of a leave of absence, or utilizes a leave of absence for a purpose other than that for which it was granted;

d) the employee is absent from scheduled work for a period of three (3) or more consecutive shifts without notifying the Employer of such absence or providing a reason satisfactory to the Employer;

e) the employee retires;

f) the employee fails to report to work within five (5) working days after being notified of recall by the Employer and fails to report to work within ten (1 0) working days after she has received the notice of recall. Notification of recall shall be made by registered mail to the last address on the records of the Employer and it shall be the sole responsibility of each employee to provide the Employer with her current telephone number and address;

g) the employee has been absent due to lay-off for a period longer than eighteen (18) months in the case of an employee with more than one (1) full year of seniority, and, in the case of employee with less than one (1) year of seniority, has been absent for six (6) months or the length of said seniority and the time of lay-off whichever is greater.

9.05 Where a probationary employee proves to be unsatisfactory, the Employer may meet with the Union to discuss the need to extend the probationary period. The parties will mutually agree to the length of the extension.

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9.06 The Employer shall provide the Union electronic copy of the Seniority List sorted by name, classification, full-time, part-time, and casual and seniority, service date. The list shall be provided on a tri-annual basis. January, May and September. A copy shall be given to the stewards and a copy placed on the Union bulletin board.

ARTICLE 10 · JOB SECURITY

10.01 Lay-Off and Recall

In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least eight (8) weeks notice. This notice is not in addition to required notice for individual employees.

In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows:

if her service is greater than 9 years - 9 weeks notice -if her service is greater than 10 years - 10 weeks notice if her service is greater than 11 years - 11 weeks notice if her service is greater than 12 years - 12 weeks notice

10.02 Lay-Off Procedure

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

(b) An employee who is subject to lay-off shall have the right to either:

(i) accept the lay-off; or

(ii) first bump an employee with less bargaining unit seniority within the bargaining unit

(iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.

Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.

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10.03 Recall Rights

(v) It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only.

(vi) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Executive Director within five (5) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.

(a) An employee shall have the opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the skills to perform the work.

In determining the skills of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner.

(b) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.

(c) It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within ten (1 0) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer.

(e) Employees on lay-off or. notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off.

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(f) A laid off employee shall retain the rights of recall for a period of thirty-six (36) months.

(g) The job posting procedure as set out in the collective agreement will continue to apply. Employees with seniority who are laid off will be mailed a copy of job postings to their last known address.

10.04 Benefits on Layoff

In the event of a lay-off, provided the employee deposits with the Home her share of insured benefits for the succeeding month (save for weekly indemnity for which laid-off employees are not eligible) the Employer shall pay its share of the insured benefits premium for a period up to three (3) months from the end of the month in which the lay-off occurs, or until the laid-off employee is employed elsewhere, whichever comes first.

10.05 It is understood and agreed that if a full-time employee bumps a part­time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only.

ARTICLE 11 JOB POSTING

11.01 In the event new jobs are created or vacancies occur in existing job classifications including new positions which are created for a specific term or task (unless the Employer notifies the Union in writing that it intends to postpone or not fill a vacancy), the Employer will post such new job(s) or vacancies for a period of seven (7) calendar days and shall stipulate the qualifications, classification, rate of pay, approximate start date (if known),

11.02 Casual Employees and any employee who is absent at the time a posting occurs, and who has made a request in writing prior to such absence, shall be considered for job postings occurring during the period of such absence.

11.03 When filling posted vacancies, the Employer shall consider the following factors;

a) skill, ability, experience and qualifications;

b) seniority.

If the factors in (a) above, are relatively equal as between two (2) applicants, the most senior applicant will be selected, providing the individual selected has the qualifications set out for the position.

11.04 No employee shall be transferred to a position outside the bargaining unit 17

without her consent. If an employee is transferred to a position outside the bargaining unit, she shall retain and accumulate her seniority for six (6) months. Such employee shall have the right to return to a position in the bargaining unit consistent with her seniority accumulated up to six (6) months.

11.05 An employee who has been promoted or transferred to a posted position shall be on trial for a period of twenty-one (21) shifts. During the trial period if, in the opinion of the Employer, the successful applicant proves unsatisfactory in the position or the employee is unwilling to perform the duties of the position, she shall be returned to her former position and pay rate.

11.06 New employees shall not be hired where there are employees on lay-off who have the skill, ability and qualifications to do the job, unless and until such employee( s) have been offered the work and have had a reasonable opportunity to respond to the offer.

ARTICLE 12 • NO CONTRACTING OUT

12.01 The Employer shall not contract-out any work usually performed by members of the bargaining unit if, as a result of such contracting-out, a lay-off of any employees other than casual part-time employees results from such contracting-out. Contracting-out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid­off with similar terms and conditions of employment is not a breach of this Agreement.

ARTICLE 13 ·WORK OF THE BARGAINING UNIT

13.01 Persons excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit which shall directly cause or result in the lay-off or reduction in hours of work of an employee in the bargaining unit.

ARTICLE 14 LEAVE OF ABSENCE

14.01 During leave of absence or lay-off, the Employer shall continue to make payments on behalf of the employee to all Health & Welfare Plans provided the Employer has received post dated cheques from the employee for the employee portion of such plans for the duration of the employee's absence. Seniority shall continue to accrue during any leave of absence or lay-off.

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14.02 Personal Leave

An employee may apply for a leave of absence without pay for personal reasons. Such request shall be made in writing and are subject to approval by the Employer. The Employer will respond to the request in a timely manner and such requests will not be unreasonably denied.

14.03 Leave for Recovery/Medical

Employees who are required to absent themselves from work for medical purposes as prescribed by their doctor or to participate in a recovery program shall be granted leave of absence that will be compensated by the expenditure of sick leave credits, Employment Insurance Sick Leave benefits (where applicable) and then by the grant of personal leave. Compensation shall be at the level provided by the various above­mentioned benefit plans. Such leaves will be granted to a maximum. of twenty-four (24) months. Employees returning from leave shall be returned to a position in their previous classification band.

14.04 Education/Convention Leave

14.05

a) The Employer shall grant leave of absence without pay to Union Steward(s) to attend Union conventions or educational sessions. Such leave must be applied for in writing at least thirty (30) days in advance and all leaves for all employees shall not exceed ten (1 0) working days per year except where mutually agreed.

b) An employee elected or appointed to a full-time position within the Union, shall be granted up to one (1) year leave of absence without pay. Such leave must be applied for in writing at least thirty (30) days in advance except where mutually agreed.

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

Jury/Witness Duty

If an employee is required to serve as a juror in any court of law, or is required to attend as a witness in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at Dawn House Women's Shelter Inc., the employee shall not lose regular pay because of such attendance, provided that the employee:

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a) notifies the Employer immediately on the employee's notification that she will be required to attend at court;

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

c) deposits with the Employer the full amount of compensation received excluding mileage, travelling and meal allowances and an official receipt thereof.

14.06 Bereavement Leave

a) Employees who have acquired seniority shall be granted five (5) consecutive working days leave without loss of pay for scheduled shifts or benefits in the case of the death of a parent, step-parent, foster-parent, spouse/same sex partner, brother, sister, child, step­child, foster-child, grandchild, grandparent, step-grandparent, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter­in-law, son-in-law, or relative of the employee who is dependent on the employee for care and assistance to a maximum of six (6) days per year.

b) In the event that an employee needs more time off than indicated above, a further unpaid leave of absence will be granted.

14.07 Pregnancy/Parental/Caregiver Leave

Pregnancy Leave

All employees shall be entitled to pregnancy and parental leave in accordance with the provisions of the Employment Standards Act. The Employer will post relevant sections of the Employment Standards Act each year.

Pregnancy Leave

a) Pregnancy leave will be granted in accordance with the provisions of the ESA except where amended in this provision. The service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks of continuous service.

b) The employee shall give written notification at least (six) 6 weeks in advance of the date of commencement of such leave and the expected date of return. At such time she shall also furnish the employer with the certificate of a legally qualified medical practitioner stating the expected birth date.

c) Credits for service and seniority shall accumulate for a period of up to thirty five (35) weeks after the parental leave began, if the employee also took pregnancy leave, and thirty seven (37) weeks

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after the parental leave began, while an employee is on parental leave.

d) The Employer will continue to pay its share of the premiums of the subsidized employee benefits, including pension, in which the employee is participating for a period of up to thirty five (35) weeks after the pregnancy leave began, if the employee also took pregnancy leave, and thirty seven (37) weeks after the parental leave began, while an employee is on parental leave.

e) Subject to any changes to the employee's status which would have occurred had he or she not been on pregnancy leave, the employee shall be reinstated to her former duties, on the same shift in the same department, and at the same rate of pay.

Parental Leave

a) Parental leaves will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision. The service requirement for eligibility for parental leave shall be thirteen (13) weeks of continuous service.

b) An employee, who qualifies for parental leave, other than an adoptive parent, shall give written notification of at least six (6) weeks in advance of the date of the commencement of such leave and the expected date of return.

c) Credits for service and seniority shall accumulate for a period of up to thirty five (35) weeks after the parental leave began, if the employee also took pregnancy leave, and thirty seven (37) weeks after the parental leave began, otherwise, while an employee is on parental leave.

d) The Employer will continue to pay its share of the premiums of the subsidized employee benefits, including pension, in which the employee is participating for a period of up to thirty five (35) weeks after the pregnancy leave began, if the employee also took pregnancy leave, and thirty seven (37) weeks after the parental leave began, while an employee is on parental leave.

e) Subject to any changes to the employee's status which would have occurred had he or she not been on parental leave, the employee shall be reinstated to her former duties, on the same shift in the same department, and at the same rate of pay.

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Caregiver Leave

In order to care for a family member who is ill and is in need of continuous care, an employee will be allowed an unpaid leave of absence to care for such family member for a period of six (6) months within a twelve ( 12) month period.

Upon receipt of a note or letter from a duly qualified physician substantiating the illness, the Employer will provide to the Employee a Record of Employment indicating the leave is to provide care for a family member. The Employee will attempt to give the Employer two (2) weeks notice of such request but in the event that two (2) weeks notice can not be given, the Employer will not unreasonably deny the request.

ARTICLE 15 - HOURS OF WORK

15.01

15 .. 02

15.03

The normal hours of work forfull-time employee shall consist of up to eighty­eight (88) hours bi-weekly. It being understood that nothing in this Article shall constitute a guarantee of the hours of work per day, or per week, or a guarantee of work.

Normal hours of work for part-time employees shall consist of up to forty­eight (48) hours bi-weekly. It being understood that nothing herein shall constitute a guarantee of hours of work per day or per week or days of work per week.

In the scheduling of the normal hours of work, the Employer agrees that full­time employees will be normally scheduled for seventy-two (72) hours bi­

. weekly provided they have the qualifications and ability to perform the work required.

Part-time employees will normally be scheduled for up to forty-eight ( 48) hours bi-weekly provided they have the qualifications and ability to perform the work required.

15.04 Employees must take their breaks and meals at Dawn House, unless they have the permission of the Employer to do otherwise.

15.05 Employees reporting to work as scheduled will be paid their normal rate of pay for all hours worked with a guarantee of four ( 4) hours.

15.06 Employees shall not be required to work a split shift unless the employee has consented to this.

15.07 Overtime is defined as all hours that the Employer requires the employee to work in excess of eighty-eight (88) hours bi-weekly.

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15.08

15.09

15 .10

15 .11

15 .12

15.13

15.14

a) Except in the case of an emergency, all overtime shall be authorized and approved in advance by the Executive Director or her designate. All emergency overtime shall be submitted to the Executive Director within one (1) day of the occurrence, with the reason why the overtime was required. Any overtime work that cannot be normalized within the pay period shall be compensated as time off in lieu at one and one-half (1 1/2) times the actual time worked. The Executive Director will be responsible for ensuring that any accumulated overtime is used within three (3) months of the employee earning the time.

b) There shall be no duplication of overtime premiums.

The Employer shall give an employee a period of at least twelve (12) hours free between shifts, except where mutually agreed.

A Full-time employee who is called in to work on a scheduled day off or called in to work as back up to existing scheduled staff will be guaranteed four (4) hours of work and will be paid at time and one half ( 1 1/2) their regular rate of pay. Further, the Employer will reimburse such employee(s) for taxi fares. Such call-in shall be approved by E.D. or her designate.

For those staff attending a staff meeting at the employer's request. The employer shall pay the employee a minimum of two (2) hours pay to attend. In the event that the meeting time is beyond the two (2) hours allocated, the employer shall pay each employee for actual time over and above the two (2) hour minimum.

First Shift of the Day: The first shift of the day shall be 7 A.M.

During the changeover from Daylight Savings Time to Eastern Standard Time, or vice versa, an employee shall be paid for the total number of hours worked, at straight-time, for the additional one (1) hour.

Call-ins and extra shifts shall first go to full-time, and then to part-time, then to casual by seniority, up to (88) eighty-eight hours bi-weekly.

ARTICLE -16 WAGES AND CLASSIFICATIONS

16.01 Job classifications are set out in Schedule "A" of this agreement. They shall not be changed or deleted, nor shall the job themselves be altered or amended without written notice to the Union.

16.02 The Employer shall pay salaries and wages as set out in Schedule "A" attached hereto and forming part of this Agreement. Each employee shall

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be provided with an itemized statement of her wages, overtime, and other supplementary pay and deductions. Wages shall be paid bi-weekly. The Employer may not make deductions from wages unless authorized by statute court order, arbitration award, or this Agreement, or with the consent of the employee.

ARTICLE 17 VACATIONS

. 17.01

17.02

Vacation means annual leave and will be calculated according to the fiscal year.

Full-time staff will earn paid vacation calculated on the basis of their wages earned up to the time of the beginning of the vacation, calculated according to the following scale:

a) Employees with less than one (1) year of service shall receive one (1) day off for each month of service to a maximum of ten (1 0) days. It is understood that this entitlement is based on the employee earning the vacation period;

b) After twelve (12) months' employment, four percent (4%) vacation pay of gross salary with up to two (2) weeks vacation leave;

c) After three (3) years' employment, six percent (6%) vacation pay of gross salary with up to three (3) weeks vacation leave;

d) After five (5) years employment, eight percent (8%) vacation pay of gross salary with up to four ( 4) weeks vacation leave;

e) Those employees who are full-time as of June 19, 2007 shall receive an additional one (1) week's vacation. These employees are: Christine Domonsky, Heather Humber and Kim O'Neil.

If any of the above mentioned should leave Dawn House Women's Shelter, no employee who is awarded a full-time position shall benefit from the extra week's vacation.

17.03 Part-time and casual employees will earn vacation in accordance with the

.17.04

applicable provisions in the Employment Standards Act.

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

b) For the purposes of this Article, "gross salary" does not include 24

payments made to employees under any grants or wage enhancement or received as direct operating grants. It is understood that payments made to employees under these grants are inclusive of any vacation pay entitlement.

17.05 For the purpose of this Article "service" shall be defined as length of continuous employment with the Employer.

17.06 An employee will not be permitted to carry forward her vacation from one calendar year to another without the Employer's permission to do so.

17.07 An employee shall be entitled to receive her vacation in an unbroken period, unless otherwise mutually agreed upon by the employee concerned and the Employer, provided the Employer receives two (2) months written notice.

17.08 An employee who terminates her employment for whatever reason shall be paid her vacation allowance. On the death of an employee, the vacation allowance will be paid to the employee's estate, as provided by the employee's Estate Trustee.

ARTICLE 18- STATUTORY HOLIDAY

18.01 The following holidays shall be granted with pay at the employee's regular rate of pay for her normal number of daily hours if she qualifies under Articles 18.02

18.02

18.03

New years' Day Labour Day Thanksgiving Day Victoria Day Canada Day Boxing Day Family Day (3rd Monday in February)

Good Friday Christmas Day International Women's Day

An employee who does not recognize religious holidays (Christmas and Good Friday) may take these statutory holidays on alternate days, with prior approval of Executive Director. Employees to whom this applies must advise the Executive Director in writing of the alternate days they propose to take as the Statutory Holidays at least two (2) months in advance of the Statutory Holidays.

In order to be entitled to payment for holidays, an employee must have completed her probationary period and must have worked her full scheduled working day immediately preceding the holiday and her full scheduled working day immediately following the holiday as outlined in the Employment Standards Act.

Employees required by the Executive Director to work on a scheduled paid holiday shall be remunerated according to the Employment Standards Act.

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The relevant sections will be posted on the bulletin board.

18.04 All lieu days accumulated as a result of a scheduled paid holiday must be taken within the fiscal year in which they fall.

ARTICLE 19- HEALTH LEAVE

19.01 A full-time employee who has acquired seniority shall earn time for a health leave banked at the rate of one (1) day for every month or part thereof that the employee is at work. Part-time employees who have acquired seniority are entitled to one half (1/2) day for every month or part thereof that the employee is at work.

19.02 The unused portion of a full-time employee's health leave shall accumulate for her benefit up to a maximum of thirty (30) days and for a part-time employee up to a maximum of fifteen (15) days.

19.03 A deduction shall be made from accumulated health leave of all normal working days (exclusive of holidays) that the employee is absent for a health related reason. When an employee is absent from work for a health related reason for three (3) working days or more, she shall provide the Employer with a doctor's certificate upon her return to work if requested by the Employer.

19.04 Unused health leave can be carried over to the next fiscal year as per Article 19.02 but cannot be cashed in at the end of the fiscal year.

19.05 The employer will bear the total cost of all medical documentation/certificates required.

ARTICLE 20 BENEFITS

.20.01

20.02

20.03

Full-time and Part-time employees who have successfully completed their probationary period will be enrolled in the current employee benefit plan, subject to meeting any waiting period or other requirements of the Plan.

Employees enrolled in the benefit plan will pay one third (1/3) of the cost of the benefit plan and the employer will pay two thirds (2/3) of the cost of the benefit plan. The employee will provide the Employer with her authorization to deduct the employee portion of the premium from the employee's wages.

The amount of eligibility for benefits referred to in this agreement is subject to the terms and conditions of the policy or policies of insurance or of the plans providing such benefits. Any dispute as to entitlement to benefits provided under the policy or policies of insurance or of the plans is between the employee and the insurer. It is understood that the Employer's financial

26

obligation under these plans is restricted to the payment of its portion of the premium necessary to enrol eligible employees in the benefit plans described in this Agreement.

The Union is to receive a copy of the updated master benefit plan.

ARTICLE 21 • GENERAL

21.01 Supplementary Agreements, if any, shall form part of this Agreement if agreed to in writing by the parties.

21 .02 The Employer will provide a bulletin board for the sole purpose of posting Union notices to its members. The bulletin board shall be located to ensure it is visible to all bargaining unit employees.

21.03

21.04

.21.05

21.06

21.07

a) If an employee is required by the Employer to take a medical and/or x-ray, the medical and/or x-rays shall be taken on Company time and at the expense of the Employer.

b) All necessary medical examinations and/or x-rays required by a Local Board of Health or Governmental body shall be paid for by the Employer, where applicable and conducted on Company time.

The Employer and the Union agree that the Employer may accept Student placements provided that such Student placements will not cause a reduction in hours of work for employees in the bargaining unit.

The Employer and the Union agree that draft policies will be submitted to the Union at the Labour Management meeting to give employees an opportunity to comment on policies before the policies are finalized.

The Employer agrees that the issue of weekend scheduling for full-time employees will be dealt with at the Labour Management meeting.

The Employer and the Union agree that Job Sharing language will be dealt with at the Labour Management meeting.

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ARTICLE 22- TERM AND DURATION

22.01 This Agreement shall remain in force and effect from January 1 2016~ June 30 2017 and until all provisions of the Ontario Labour Relations Act have been expended.

22.02 Either party may at any time within ninety (90) days prior to the expiry of this agreement, give notice in writing to the other party of its desire to bargain with a view to the renewal with or without modification of this Agreement.

Signed in ki~Vl -·this_ ~-day of .~¥"0_'0~_(.__2016.

FOR THE UNION FOR THE EMPLOYER

--------·-·-·-·--- ---·-·--···-·--------

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APPENDIX "A"

January 1 2013-Lump Sum Payment- Full-time $400 Part-time -$300 Casual staff who worked over 300 hours in 2012-$200 Casual staff who worked under 300 hours in 2012 -$50

January 1 2014-25 cents on wage grid January 1 2015-25 cents on wage grid

(WAGES AND CLASSIFICATIONS)

COUNSELLORS

Counsellor I - (Up to 1 year (1650 hours)­-Expired rate $16.01 Jan. 1 2013-$16.01 Jan. 1 2014-$16.26 Jan. 1 2015-$16.51

Counsellor II- (After 12 months (1650 hours) to 24 months (3300 hours)­Expi red Rate-$17. 00 Jan. 1 2013- $17.00 Jan. 1 2014-$17.25 Jan. 1 2015- $17.50

Counsellor Ill - (After 24 months (3300 hours) to 36 months (4950 hours)­Expired Rate-$18.00 Jan 1 2013- $18.00 Jan. 1 2014-$18.25 Jan. 1 2015- $18.50

Counsellor IV- (After 36 months (4950 hours)­Expired Rate-$18.38 Jan. 1 2013- $18.38 Jan.1 2014- $18.63 Jan. 1 2015- $18.88

ADD NEW

LEAD COUNSELLOR -$20.00(start) -20.50(one year) 21.00(two years)

The Pay Equity adjustments will be rolled into the wage rate with full retroactivity upon ratification.

NOTE: If at the end of the fiscal year there is any surplus funds in the funds directed to salaries, that surplus will be distributed to employees as follows: Proportionate to hours paid for the fiscal year.

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LETTER OF UNDERSTANDING

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

AND

DAWN HOUSE

1. If Dawn House closes on or before December 31, 2012 then all Full-time employees will receive pay for all vacation accrued in 2011 for 2012 but not taken;

2. If Dawn House remains open as of May 2, 2012 then Full-time employees will be entitled to take, as paid vacation in 2012, 6 of the 7 weeks earned in 2011 for 2012. The yth week will be carried forward, to be taken in 2013 as a 5th week of paid vacation (5 earned in 2012 + 1 = 6); and

3. If Dawn House closes between May 1 and December 31, 2012 then the yth

week of vacation earned in 2011 and deferred to be taken in 2013 will be paid out.

4. During the course of this collective agreement the parties will revisit in Labour Management the reinstatement of all vacation time.

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LETTER OF UNDERSTANDING

BETWEEN

SERVICE EMPLOYEES UNION, LOCAL 1 CANADA

AND

DAWN HOUSE WOMEN'S SHELTER

RE: Scheduling Of Twelve (12) Hour Shifts

The parties agree that in the event the Employer deems it necessary to change the scheduling to extended shifts of up to twelve (12) hours in duration, or combination of shift durations in a two (2) week period, it is understood that the following shall apply:

a) The Employer shall give as much notice as possible to the Union and the Employees of its intent to change the hours of work. But not less than two (2) weeks.

b) The normal daily extended hours of work shall be 12hours in a twenty-four (24) hour period, inclusive of forty-five (45) minutes of paid meal time.

c) During the 12 hour shift, Employees shall be entitled to three (3) -fifteen (15) minute paid rest periods.

d) Payments for sick leave and bereavement leave shall be based on 12 hours.

e) Payment for vacation shall be based on the equivalent to the normal number of hours for the day requested as vacation. Payment shall reflect the number of scheduled hours missed until the vacation bank is depleted.

f) Payment for holidays for stat worked shall be based on the 12 hours. Payment for stat not worked shall be based on 12 hours.

g) Overtime shall be paid for all hours in excess of 12 hours on a scheduled shift or 88 hours in a bi-weekly pay period.

h) Where necessary the Employer and the Union agree to amend the provisions of Article 16 and 19 and any other provision being affected by the changes in daily hours to reflect the above understanding.

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LETTER OF UNDERSTANDING

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

AND

DAWN HOUSE WOMEN'S SHELTER

RE: Severance Pay

The parties agree to meet the first week of April 2013 in order to review the audited budget and deal with the following issue deferred from bargaining.

10.06 Severance pay for Employees with 10 years service or more shall be two (2) weeks pay for each year of service, for employees with less than 1 0 years shall be one week pay for each year of service .

Signed and Dated at !6\v~·ov! this z:z..

FOR THE UNION FOR THE EMPLOYER

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