COLLECTIVE AGREEMENT

BETWEEN:

GRAND RIVER HOSPITAL CORPORATION

(hereinafter called the "Hospital")

-and -

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION (UNITED STEELWORKERS)

Local838

(hereinafter called the "Union")

EXPIRY: JUNE 30j 2017

TABLE OF CONTENTS

ARTICLE 1 - GENERAL PURPOSE ............................................................................................ - .......................... 4

ARTICLE 2 -SCOPE & RECOGNITION ................................................................................................................ 4

ARTICLE 3- RELATIONSHIP ................................................................................................................................. 4

ARTICLE 4- MANAGEMENT RIGHTS ................................................................................................................. 4

ARTICLE 5- NO STRIKES OR LOCKOUTS ....................................................................................................... 5

ARTICLE 6 - UNION SECURITY ............................................................................................................................ 5

ARTICLE 7 - ACCESS TO PERSONNEL FILE ................................................................................................... 6

ARTICLE 8 · UNION REPRESENTATION & COMMITTEES ............................................................................ 7

ARTICLE 9- GRIEVANCE & ARBITRATION PROCEDURE .............................................................................. 8

ARTICLE 10- SENIORITY ..................................................................................................................................... 10

ARTICLE 11 - LAYOFF & RECALL .................................................................................................................... 12

ARTICLE 12- JOB POSTINGS ........................................................................................................................... 14

ARTICLE 13- LEAVES OF ABSENCE ...................................................................................................... 15

ARTICLE 14- HOURS OF WORK ....................................................................................................................... 21

ARTICLE 15- PREMIUM PAY .................................................................................................................... 24

ARTICLE 16- ALLOWANCES .............................................................................................................................. 25

ARTICLE 17- PAID HOLIDAYS .......................................................................................................................... 25

ARTICLE 18 ·VACATION ...................................................................................................................................... 27

ARTICLE 19- HEALTH & WELFARE ................................................................................................................. 29

ARTICLE 20 - SICK LEAVE & LONG TERM DISABILITY .............................................................................. 31

ARTICLE 21 -COMPENSATION ............................... , .......................................................................................... 33

ARTICLE 22 - BULLETIN BOARDS ................................................................................................................... 33·

ARTICLE 23 -INFLUENZA VACCINE ................................................................................................................. 34

ARTICLE 24- DURATION ..................................................................................................................................... 35

SCHEDULE " A"- WAGES .................................................................................................................................... 36

2

LETTER OF UNDERSTANDING ................. .............................................. ............................. ................. .. 37

RE: BALLISTIC AND/OR SLASH RESISTANT VESTS .............. ......................................................................... 37

RE: WINTER HOLIDAY SHIFT SCHEDULE ..................................................... ........................... ..................... 38

RE: CONTRACTING OUT ............................................................................................................................ 39 RE: LIGHTWEIGHT/BREATHABLE SHIRTS ... ......... ....................... ................ ................. ........... ..................... 40 RE: BASIC CARDIOVASCULAR LIFE SUPPORT (BCLS) ................................................................................. 41

-~,·

3

ARTICLE 1 - GENERAL PURPOSE

1.01 The Purpose of this Agreement is to establish an orderly collective bargaining relationship between the Hospital and employees represented by the Union which will not interfere with the successful operation of the K-W site of the Grand River Hospital.

ARTICLE 2 - SCOPE & RECOGNITION

2.01 The Hospital recognizes the United Steelworkers as the exclusive collective bargaining agency for all Security Officers employed by the Kitchener-Waterloo Health Care Centre site and Freeport site of the Grand River Hospital, save and except supervisors, persons above the rank of supervisor and clerical staff.

Clarity Note: All members of the bargaining unit must be bondable.

2.02 A full time employee is an employee who is regularly scheduled to work the normal full time hours of work.

2.03 A part time employee is an employee who regularly works less than the normal full time hours of work.

ARTICLE 3- RELATIONSHIP

3.01 Each of the parties hereto agree that there will be no discrimination, interference, restraint or coercion exercised or practised upon any employee because of membership or non-membership in the Union.

3.02 The Hospital will continue its policy to adhere to the provisions of the governing legislation of Ontario which prohibits discrimination with regard to employment because of race, creed, colour, nationality, ancestry, place of origin, sex, marital status or age.

3.03 The Union acknowledges the duty of the employer to accommodate certain individuals under the Human Rights Code of Ontario and agrees that this Collective Agreement shall be interpreted and/or applied in such a way as to permit the employer to discharge that duty.

3.04 Wherever the singular or masculine is used in this Agreement, it shall be considered as if the plural or feminine has been used where the context or the party or parties hereto so require.

ARTICLE 4- MANAGEMENT RIGHTS

4.01 The Union recognizes that the management of the Hospital and the direction of working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital and, without limiting the generality of the foregoing, it is the exclusive function of the Hospital to:

4

{a) Maintain order, discipline and efficiency;

(b) hire, assign, retire, direct, classify, transfer, promote, demote, lay-off, recall and suspend or otherwise discipline employees provided that a claim by an employee who has completed the probationary period may be the subject of a grievance and dealt with hereinafter provided;

(c) make, enforce, and alter from time to time reasonable rules and regulations to be observed by the employees;

(d) determine all work procedures, the kind and location of equipment to be used, methods to be used, the allocation and number of employees required from time to time, the services to be performed, combining or splitting up of departments, the standards of performance of all employees, work assignments, the hours of work, scheduling, safeguard the health and interest of patients in the Hospital, establishment of standards of care and quality, the nature and scope of services which the Hospital will provide, the increases and decreases in employment, and all other rights and responsibilities of management not specifically modified elsewhere in this Agreement.

ARTICLE 5 - NO STRIKES OR LOCKOUTS

5.01 The Union agrees that there will be no strike, sit-down, slow-down, picketing or other interference which will stop, curtail or interfere with work, and in the event of any such action taking place, it will instruct the employees involved to return to work and perform their usual duties as well as to resort to the grievance procedure established herein.

5.02 The Hospital agrees that there will be no lockouts during the term of this Agreement.

ARTICLE 6 - UNION SECURITY

6.01 The Hospital agrees that all employees shall become and remain members of the union as a condition of their continued employment.

6.02 The Hospital shall deduct union dues including, where applicable, initiation fees and assessments, on a weekly basis, from the wages of each employee covered by this agreement. The amount of dues shall be calculated in accordance with the Union's Constitution.

6.03 All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no rater than 15 days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary-Treasurer of the United Steel Workers, AFL-CIO-CLC, P.O., Box 9083, Commerce Court Postal Station, Toronto, Ontario, M5L 1 K1 in such form as shall be directed by the Union to the Hospital along with a completed Dues Remittance

5

Form R-115. A copy of the dues remittance form R-115 will also be sent to the Union office designated by the Area Coordinator.

6.04 The remittance and the R-115 form shall be accompanied by a statement containing the following information:

(a) A list of the names of all employees from whom dues were deducted and the amount of dues deducted:

(b) A list of the names of all employees from whom no deductions have been made and reasons:

(c) This information shall be sent to both Union addresses identified in Article 6:02 in such form as shall be directed by the Union to the Hospital.

6.05 The Union shall indemnify and save the Hospital harmless against all claims or other forms of liability that may arise out of any actions taken by the Hospital in compliance with this article.

6.06 The Hospital, when preparing T-4 slips, for the employees, will enter the amount of Union dues paid to the employee during the previous year.

6.07 The Employer shaJI provide the Union with two electronic versions of this agreement. The versions will be provided in Word and PDF formats. The PDF file will be a searchable file and will include a completed signature page.

ARTICLE 7 -ACCESS TO PERSONNEL FILE

7.01 An employee shall, upon written request made a reasonable time before the time of viewing, have an opportunity to view their personnel file. The employee will view their tile in the presence of the Human Resources Representative within five (5) days of the request. The information the employee may review will be:

1. Application Form 2. Written Evaluation 3. Disciplinary notations 4. Incident Reports

Employees may request copies of the above noted documents, the Hospital may charge for copies.

7.02 The record of an employee shall not be used against them at any time after eighteen (18) months following any disciplinary action. provided that there have been no further occurrences of the same or similar nature. This excludes incidents of violence or harassment.

6

ARTICLE 8 ·UNION REPRESENTATION & COMMITIEES

8.01 The Hospital acknowledges the right of the Union to appoint one (1) steward and one (1) alternate Steward to assist employees in the presentation of their grievances.

8.02 The Union acknowledges that its representatives must continue to perform their regular duties and that so far as it is practicable, all union activities will be conducted outside of regular working hours; further, no employee will engage in any union activity during regular working hours except as provided in this Agreement. and that:

(a) such person will not leave their regular duties without obtaining permission from their supervisor who will be given a reasonable explanation for the requested absence;

(b) when resuming their regular duties after engaging in duties on behalf of the Union, they will report to their supervisor immediately upon their return;

8.03 The Union shall supply the Hospital with the names of those employees who have been elected Chief Steward and negotiation committee members, authorized to represent the Union and the Union will keep such list up to date and the Hospital advised accordingly. The Hospital shall not be required to recognize representatives unless so notified.

8.04 Negotiating Committee

8.05 a)

b)

8.06

The Hospital will recognize a Negotiating Committee of not more than two (2) employees of the bargaining unit and not more than two (2) representatives of the United Steelworkers, and will deal with said Committee with respect to the negotiations for the renewal of the Collective Agreement.

One ( 1) employee member of said negotiation committee shall receive regular pay for regularly scheduled working hours lost due to participation at contract negotiation meetings between the parties up to and including conciliation, whether on or off Hospital property, for which permission has been granted.

The union steward and, where applicable, one (1) employee member of the grievance committee shall receive regular pay for regularly scheduled working hours lost due to attendance at grievance meetings, which shall for the purposes of clarity, cover meetings with a grievance settlement officer appointed under the Labour Relations Act, with representation of the Hospital, whether on or off Hospital property, for which permission has been granted.

Union-Hospital Meetings The Union Committee and the Hospital shall meet each month at times mutually agreed on. providing there is business for their joint consideration. Necessity for a meeting will be indicated by letter from either party to the other party, delivered ten (1 0) working days in advance of the scheduled meeting, containing an agenda of

7

the subjects to be discussed. Subjects to be discussed may include matters relating to the scheduling procedures.

ARTICLE 9· GRIEVANCE & ARBITRATION PROCEDURE

9.01 For the purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration and alleged violation of this Agreement including any question as to whether a matter is arbitrable.

9.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he/she has first given his/her immediate Supervisor the opportunity of adjusting the complaint. If an employee has a complaint, such complaint shall be discussed with the immediate Supervisor within ten (10) working days after the circumstances giving rise to the complaint have originated or occurred. If the imrnediate supervisor is unable to adjust a complaint to their mutual satisfaction within ten (10) working days, the employee may proceed with the grievance procedure within ten (10) working days following the decision of the immediate supervisor. Any employee is entitled upon request to have a Union Steward or a member of the Union Committee present to attempt to adjust his/her complaint.

9.03 Step No.1 The employee, with the assistance of a Union Steward, if desired, must submit a written grievance, signed and dated by the employee, to the Department Manager.

The nature of the grievance, the remedy sought, and where possible the section or section(s) of the Agreement which are alleged to have been violated shall be set out in the grievance. The Department Manager will deliver his/her decision in writing within five (5) working days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken.

Step No.2 Within five (5) working days following the decision under Step No. 1, the employee, with the assistance of a Union Steward, if desired, must submit the written grievance to Human Resources, who will deliver a decision in writing within five (5) working days of the receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, the next step in the grievance procedure may be taken.

9.04 Group Grievance Where two or more employees have grievances of a similar nature and each employee would be entitled to grieve separately, all such employees shall sign the grievance form and submit the grievance at Step 1 within ten (10) working days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the grievance procedure.

8

9.05 Policy Grievance A grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement must be submitted to the Human Resources Representative as a Step No. 2 grievance within ten (10) working days of the event giving rise to the grievance. Failing settlement within ten (1 0) working days, it may be submitted to arbitration in accordance with Article 9. However, it is expressly understood that the provision of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee which such employee could him/herself institute and the regular grievance procedure shall not be thereby by-passed, except only where it is established by the Union that the interest of the bargaining unit as a whole is involved and may be affected by the resolution of the issue resulting from the complaint.

9.06 Discharge Grievance A grievance involving the discharge of an employee must be reduced to writing and originated under Step No. 2 Within ten (10) working days of the employee being notified of his/her discharge. Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the Hospital and the discipline and discharge of a probationary employee shall not be subject to the grievance or arbitration procedures. It is agreed that the Chairperson of the Union Committee or a Union Committee member will be notified of the dismissal of a seniority-rated employee.

9.07 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employee or employees involved.

9.08 Where an employee is subject to formal disciplinary action which is recorded on the personnel file, he/she shall be entitled upon his/her request to have a Union representative present when the disciplinary action is taken. In the case of a suspension or discharge penalty, the Hospital shaJI notify the employee of this right in advance of the action being taken.

Employees will be given an opportunity to initial and date disciplinary notations and performance appraisals.

9.09 The time limits fixed in both the grievance and arbitration procedures, may be extended by mutual consent, in writing, of the parties to this Agreement.

9.10 Saturdays, Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or completed under the grievance or arbitration procedure.

9.1 1 Arbitration Procedure If the Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided and it shall make such request in writing addressed to the other party of this Agreement. Within fifteen (15) working days thereafter the

9

other party shall suggest a sole arbitrator. If the Parties are unable to agree upon such a Sole Arbitrator within a period of fifteen (15) working days, they shall then request the Office of Arbitration of the Ministry of Labour of the Province of Ontario to appoint a Sole Arbitrator.

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

9.13 No matter may be submitted to arbitration which has not been carried through all requisite steps of the grievance procedure.

9.14 The Arbitrator shall not have any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

9.15 The decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned.

9.16 The parties will share equally the fees and expenses, if any, of the Arbitrator.

ARTICLE 10 w SENIORITY

10.01 (a) Probationary Employees A new employee will serve a probationary period of six (6) continuous months of employment (for full time employees) and 900 hours of work (for part time employees). Upon completion of the probationary period, the employee's name will be placed on the seniority list with the seniority date (for full time employees) or seniority hours (for part time employees) they were last hired to work in the bargaining unit except as otherwise modified in the collective agreement.

The dismissal of a probationary employee shall be at the sole discretion of the Hospital and shall not be made the subject of a grievance. Seniority thus acquired shall be exercisable in a manner set out hereinafter.

(b) Transfer Employees Following probation, a Hospital employee who has transferred into the bargaining unit from any position which is outside the bargaining unit shall have seniority recognized as of the date of entrance into the bargaining unit. Such employees will retain their Hospital service. Layoff and Recall will be conducted on the basis of bargaining unit seniority only.

(c) An employee who has completed the probationary period, and who subsequently transfers to a full-time (or vice versa) status within the bargaining unit, shall not be required to serve a further probationary period.

1 0

(d) Transfer of Service and Seniority Effective the date of ratification of this agreement, an employee whose status is changed from full time to part time (or vice versa) shall receive credit for his full service and seniority. An employee whose status is changed from part time to full time shall receive credit for seniority and service on the basis of one (1) year equals 1800 hours worked, and will be enrolled in the employee benefit plans subject to meeting any waiting period or other requ irements of those plans.

10.02 Seniority List A seniority list for each of the full time and part time employees will be prepared, posted on the Union Bulletin Board, forwarded to the Union Steward and the President of Local United Steelworkers, each of March and September during the term of this Agreement.

10.03 Change of Address It shall be the duty of the employee to notify the employer promptly of any changes of address or telephone number. If any employee shall fail to do so, the Employer will not be responsible for failure of such notice, sent by registered mail to reach the empfoyee.

10.04 Loss of Seniority An employee shall lose all seniority and shall be deemed to have terminated employment if he/she:

1. Voluntarily leaves the employ of the Hospital or is retired. 2. Is discharged and is not reinstated through the grievance or arbitration

procedure. 3. Is laid off for a period of more than thirty (30) months. 4. Is absent from work without permission for three (3) consecutive working

days unless for reasons satisfactory to the Hospital. 5. Fails to return to work on expiration of an authorized leave of absence or

utilizes a leave of absence for purposes other than those for which the leave of absence was granted.

6. Fails to return to work within seven (7) working days after being recalled from layoff by notice sent by registered mail to the last known address.

7. Is absent from work due to illness or disability which absence continues more than thirty (30) months.

10.05 Effect of Leave of Absence (Full Time Employees Only) In the event of an employee's absence without pay from the Hospital exceeding thirty (30) continuous calendar days or sixty (60) cumulative days, whichever occurs first, the employee will not accumulate seniority or service for any purposes under the Collective Agreement for the duration of such absence. The benefits concerned shall be appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. During such absence 1he employee will be responsible for full payment of all subsidized employee benefits in which the employee is participating. The employee may arrange with the Hospital to pre-pay

11

to the Hospital the full premium of such subsidized employee benefits for the entire period of the leave to ensure the employee's coniinued coverage.

Notwithstanding the above, where an employee is on sick leave or receiving Workers' Safety and Insurance Benefits or has qualified for Workers' Safety and Insurance Benefits and is awaiting payment, seniority for all purposes shall continue for a maximum of thirty (30) months.

NOTE: The Pregnancy and Parental Leave clauses in this Agreement have specific references regarding the effect of absence, which take precedence over the above provisions.

10.06 A security Officer must provide proof of their Private Security and Investigative Services license each year to the Manager of Security or designate. If proof of licensure is not provided then the Security Officer will be placed on an unpaid leave of absence until the production of his/her current license. Failure to provide a copy of their license within 90 calendar days of the Security Officer being placed on an unpaid leave of absence will result in the Security Officer being deemed no longer qualified and the Security Officer shall be terminated from the employ of the Hospital.

ARTICLE 11- LAYOFF & RECALL

11.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining unit seniority provided the employees retained are qualified and willing to perform available work. In the event of a proposed layoff at the Hospital of a permanent or long term nature. the Hospital shall provide the employee with four (4) months notice of layoff.

In the event of a layoff of full time employee(s}, the least senior full time employee(s) will be able to displace the least senior part time employee(s) in the bargaining unit where the full time employee(s) has more seniority than the part time employee(s). The employee(s) displacing to part time will be considered part time for all purposes. Seniority for full and part time employees is compared based on the formula set out In Article 10.01(d).

In the event a full time vacancy exists subsequent to a layoff of a full time employee the position will be posted and filled in accordance with the job posting provisions of this collective agreement.

11.02 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 provislon, or have been found unable to perform the work available.

11 .03 In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced.

12

11.04 Continuation of Benefits In the event of a layoff of a full time employee, the Hospital shall pay its share of insured benefits premiums up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere, whichever occurs first.

11.05 Severance and Retirement Options (a)

(i) Where an employee resigns within 30 days after receiving notice of layoff that his or her position will be eliminated, he or she shall be entitled to a separation allowance of two (2) weeks' salary for each year of continuous service to a maximum of twelve (12) weeks' pay, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of three thousand ($3,000) dollars.

(ii) Where an employee resigns later than 30 days after receiving notice of layoff that his or her positions wi ll be eliminated he or she shall be entitled to a separation allowance of four (4) weeks' salary and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of one thousand two hundred and fifty ($1 ,250) dollars.

(b) Prior to issuing notice of layoff in any classification(s), the Hospital will offer early-retirement allowance to a sufficient number of employees eligible for early retirement under the Hospitals' Pension Plan within the classification(s) in order of seniority, to the extent that the maximum number of employees. within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff.

An employee who elects an early retirement option shall receive, following completion of the last day of work, a retirement allowance of two weeks' salary for each year of service, plus a prorated amount for any additional partial year of service, to a maximum ceiling of 26 weeks' salary, and, in addition, full-time employees shall receive a single lump-sum payment equivalent to $1,000 for each year less than age 65 to a maximum of $5,000 upon retirement.

(c) An employee who has completed one year of service and

(i) whose layoff is permanent or (ii) who is laid off for 26 weeks in any 52 week period, and who has

not elected to receive a severance payment under either (a) or (b) of this Article,

13

shall be entitled to severance pay equal to the greater of two weeks' pay or one weeks' pay per year of service to a maximum of 26 weeks pay. This entitlement shall not be in addition to any entitlement to severance pay under the Employment Standards Act but at the same time, shall not preclude an employee from claiming any greater entitlement which that Act may at some point come to provide.

An employee may elect to defer receipt of this severance payment while his or her recall rights are still in effect. Once an employee does opt to receive the severance payment, he or she shall be deemed to have resigned, and his or her recall rights shall be extinguished.

For calculation of part time employees' severance entitlements, including early retirement, the employee's ctverage weekly hours will be based on an average of their paid hours over the preceding twelve ( 12) months.

ARTICLE 12- JOB POSTINGS

12.01 Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of three (3) consecutive working days. Applications for such vacancy shall be made in writing within the three (3) day period referred to herein.

Notwithstanding the above, a permanent vacancy may be filled within the department prior to posting Hospital wide.

It is understood that any internal applicant contacted regarding a permanent or temporary job posting pursuant to this article will have up to twenty-four (24) hours to respond to the hiring manager. The twenty-four (24) hour response period shall fall within Monday to Friday, excluding paid holidays. The successful candidate will provide their decision regarding job posting to the hiring manager within twenty­four (24) hours of such offer. If the successful applicant to a job posting declines the position, the position will then be offered to the next successful applicant subject to the provisions of article 12.02.

12.02 Employees shall be selected for positions posted under 12.01 on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal among the employees considered, seniority shall govern provided the successful candidate if any is qualified to perform the work available within the appropriate trial period referred to in 12.03.

12.03 The successful applicant shall be allowed a trial period of up to thirty (30) days during which the Hospital will determine if the employee can satisfactorily perform the job. With in this period the employee may voluntarily return or be returned to 1heir former position without loss of seniority.

14

12.04 An employee who has been transferred to a new position must serve at least six (6} consecutive months in the position before becoming eligible for consideration for any other position.

12.05 Explanation of Employee On request, management will explain to any unsuccessful candidate for an advertised vacancy the reasons why he/she was not selected for the position.

12.06 Vacancies as a result of:

(a) leaves of absence, (b) sick leaves, including LTD, (c) absences on WSIB (d) and special non-recurring tasks of tess than six (6) months in duration

will be filled at the discretion of the Hospital. Notwithstanding the above the Hospital will consider qualified part time employees. in order of seniority, for temporary full time vacancies. Part time employees selected to fill a vacancy under this Article will continue to maintain their part time status and upon completion of the assignment the employee will return to their former position. The period of employment will not exceed the absent employee's leave. In the case of special non-recurring tasks the term of six (6) months may be extended on mutual agreement of the Union and Hospital. The release or discharge of persons hired from outside the bargaining unit shall not be subject of a grievance or arbitration.

This clause would not preclude such temporary employees from using the job posting provision under the collective agreement and any successful applicant who has completed his/her probation period will be credited with seniority since the employee's last date of hire in the bargaining unit.

ARTICLE 13- LEAVES OF ABSENCE

13.01 Personal Leave The Hospital may grant a leave of absence without pay to employees for legitimate personal reasons.

Applications for such leaves shall be in writing to the Hospital as far in advance as possible, but in any event at least two (2) weeks prior to the commencement of the leave, unless the circumstances are such that it is impossible to give advance notice.

The written application must clearly state the reason for the leave of absence and the expected duration of such absence.

In all cases where such leaves of absence may be granted, the provisions of Article 18.07 and 10.05 herein shall apply.

15

13.02 Bereavement Leave (a) In the case of the death of an employee's spouse, common-law spouse,

parents, child or step-child, a paid leave of absence of five (5) consecutive working days in conjunction with the day of the funeral will be granted. In the case of the death of any other member of an employee's immediate family, as defined below, a paid leave of absence of three (3) consecutive working days in conjunction with the day of the funeral shall be granted. Immediate family is defined as step-parents, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparent, spouse's grandparents, grandchild, son-in-law and daughter-in-law.

(b) Days paid while an employee is on bereavement leave wlll only be those days on which the employee would have been normally scheduled to work.

(c) Should additional time off be required, fUrther unpaid leave of absence may be arranged, subject to the approval of the Department Head.

13.03 Jury and 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 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 the Hospital, the employee shall not lose regular pay because of such attendance provided that the employee:

(a) notifies the Hospital immediately on an employee's notification that he/she will be required to attend a court;

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

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

A security officer required to attend court on his scheduled day off shall be paid a minimum of four ( 4) hours for all hours in attendance at court at his applicable wage rate.

13.04 Union Leave of Absence Leave of absence for Union business shall be given without pay up to an aggregate maximum for full time employees of fifty (50) days per calendar year provided such leave does not interfere with the continuance of efficient operation of the Hospital.

Such leave shall be subject to the following conditions:

(a) no such leave shall extend beyond two (2) d_ays;

(b) a request must be made in writing at least two (2) weeks prior to the commencement of the function for which leave is requested;

16

(c) such request shall state the general nature of the functron to be attended;

(d) employees on a Union Leave which is approved by the Hospital in accordance with the above conditions shall be paid for such leave.

(e) such absence shall not be granted to more than one (1) employee at any one time.

Requests from the Union for leave of absence will specify whether or not the Hospital is to pay the employee and be reimbursed by the Union.

13.05 For Conventions, Seminars and Local Meetings Subject to the approval of the Department Manager and upon written request at least ten (10) working days in advance, leave of absence without pay or loss of seniority shall be granted to not more than two (2) employees at any one time. Such leave of absence shall apply to employees who may be elected or appointed by the Union to attend any authorized labour convention, educational seminar or union meeting. This provision not to exceed a total of twenty (20) working days per calendar year for the bargaining unit. These twenty (20) days can be taken together or as single days.

13.06 Full-Time Officer in Union When an employee is elected or appointed to full-time office within the Union the employee may request a leave of absence without pay or loss of seniority by written application to the Department Manager as soon as possible but not less than two (2) weeks in advance of the commencement of the said leave of absence. Subject to approval of the Department Manager the employee shall be allowed to leave of absence without pay not to exceed one (1) year. The above described leave of absence shall be limited to one (1) employee at any time during the term of this Agreement.

13.07 Education Leave/In-Service Courses Where employees are required by the Hospital to take courses to upgrade or acquire new employment qualifications to retain their current occupational classification, the employer shall pay the full costs associated with the courses.

If required by the Hospital, an employee shall be entitled to leave of absence with pay and without loss of seniority and benefits to write examinations to upgrade his or her employment qualifications.

Time spent by an employee in the attendance at short courses, workshops, or seminars held within the Hospital and directly related to the employee's employment at the Hospital, shall be deemed to be work hours as set out in Article 14 and remunerated accordingly.

In-Service Programme (a) Both the Hospital and the Union recognize their joint responsibility and

commitment to provide, and to participate in, in-service education. The

17

Union supports the principle of its members' responsibility for their own professional development and the Hospital Will endeavour to provide programmes related to the requirements of the Hospital. Available programmes will be publicized.

(b) Where an employee is on duty and authorized to attend any required in­service programmes within the Hospital during his/her regularly scheduled working hours, he/she shall suffer no loss of pay, and such time will not be considered as time worked for the purpose of calculating overtime entitlement.

Where an employee is required to attend authorized courses outside his/her regular scheduled working hours, he/she shall be paid at his/her regular straight time rate of pay.

It is understood that the above language will apply to any Learning Management System Course as required.

13.08 Pregnancy Leave (a) Pregnancy leave will be granted in accordance with the provisions of the

Employment Standards Act, except where amended in this provision.

An employee who is eligible for a pregnancy leave may extend the leave for a period of up to twelve months duration, inclusive of any parental leave.

(b) The service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks of continuous service before the expected date of birth.

(c) The employee shall glve written notification two (2) weeks prior to the commencement of the leave of her request for leave together with her expected date of return. At such time she shall also furnish the Hospital with her doctor's certificate as to pregnancy and expected date of delivery.

(d) The Hospital will continue to pay its share of premiums of the subsidized employee benefits in which the employee is participating for the initial seventeen (17) weeks from the commencement of the leave while the employee is on pregnancy leave providing the employee pays her share prior to the commencement of the leave.

Credit for service shall accumulate for the initial seventeen (17) weeks from the commencement of the leave while an employee is on pregnancy leave.

Credit for seniority shall accumulate during the period of the leave.

(e) The employee shall reconfirm her intention to return to work on the date originally provided to the Hospital in 13.08 (c) above by written notification received by the Hospital at least two (2) weeks in advance thereof.

18

Subject to any changes to 1he employee's status which would have occurred had she not been on pregnancy leave, the employee shall be reinstated to her former position at the same rate of pay.

(f) Effective on confirmation by Human Resources Development Canada of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) plan, an employee on leave as set out above who is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act, shall be paid a Supplemental Unemployment Benefit. That benefit will be equivalent to the difference between ninety­three percen1 (93%) of their regular weekly earnings and the sum of weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two-week unemployment insurance waiting period, and receipt by the Hospital of the employee's Employment cheque stub as proof that the employee is in receipt of Employment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on the last day worked prior to the commencement of the leave times her normal weekly hours.

(g) Notwithstanding the above, the Hospital will pay the employee ninety-three percent (93%) of their normal weekly earnings during the first two week period of the leave while waiting to receive Employment Insurance benefits.

13.09 Parental Leave (a) Parental leave will be granted in accordance with the provisions of the

Employment Standards Act, except where amended in this provision.

(b) An employee who is a parent and has been employed for at least thirteen (13) weeks before the birth of a child, or thirteen (13) weeks before the child came into a parent's custody, care and control for the first time, is entitled to an eighteen (18) week unpaid parental leave.

(c) Both parents will be eligible to take a parental leave and each parent is eligible to take eighteen (18) weeks. A "parent" includes a person with whom a child Is placed for adoption and a person who is in a relationship of some permanence with the parent of the child and who Intends to treat the child as their own.

(d) For a natural mother, parental leave commences when her pregnancy leave ends or when the baby first comes into custody, care and control of a parent.

For father and adoptive parents, parental leave must commence within thirty-five (35) weeks after the birth or after the child first comes into the custody, care and control of a parent.

19

(e) An employee who is entitled to a parental leave is required to give the Hospital two (2) weeks written notice prior to the commencement of the leave. If they do not specify when the leave will end, it will be assumed that they wish to take the maximum leave.

(f) An employee who has given notice to begin a parental leave may change the notice to an earlier date by giving at least two (2) weeks notice before the earlier date, or to a later date giving two weeks notice before the leave was to begin.

(g) If the employee stops work before the child has arrived earlier than expected, the employee has two (2} weeks from that date to give the Hospital written notice of their intent to take the parental leave.

(h) The Hospital will continue to pay its share of premiums of the subsidized employee benefits in which the employee Is participating for the initial ten (10} weeks from the commencement of the leave while the employee is on parental leave providing the employee pays his/her share prior to the commencement of the leave.

Credit for service shall accumulate for the initial ten (10} weeks from the commencement of the leave while an employee is on parental leave.

Credit for seniority shall accumulate during the period of the leave.

(i) Effective confirmation by Human Resources Development Canada of the appropriateness of the Hospital's Supplemental Unemployment Benefit {SUB) Plan, an employee on leave as set out above who is in receipt of the Employment Insurance Parental Benefits pursuant to Section 20 of the Employment Insurance Act, shall be paid a Supplemental Unemployment Benefit. That benefit will be equivalent to the difference between ninety­three percent (93%) of the regular weekly earnings and the sum of the weekly Employment Insurance benefit and any other earnings. Such payment shall commence following completion of the two (2) week employment insurance waiting period, and receipt by the Hospital of the employee's Employment Insurance Parental Benefit, and shall continue while the employee is in receipt of such benefits for a maximum period of ten (10) weeks. The employee's regular weekly earnings shall be determined by multiplying the regular hourly rate on the last day worked prior to the commencement of the leave times the normal weekly hours.

U) The employee shall reconfirm her/his intention to return to work on the date originally provided to the Hospital in 13.09 (e) above by written notification received by the Hospital at least two (2) weeks in advance thereof.

Subject to any changes to the employee's status which would have occurred had she/he not been on parental leave, the employee shall be reinstated to her/his former position at the same rate of pay.

20

ARTICLE 14- HOURS OF WORK

14.01 The normal work week shall be composed of an average of forty (40) hours per week over the period scheduled by the Hospital. The normal work day shall be eight (8) hours inclusive of a half hour (1/2) meal period paid at regular time.

It is understood and agreed that this article does not constitute a guarantee as to hours of work per day or per week or for any period.

The normal work day for working extended tours shall be 12 hours per day. Full or part time bargaining unit members will not be scheduled to work more than 5 consecutive 12 hour shifts unless mutually agreed between the Hospital and the Employee.

It is understood that at the change of tour there will normally be additional time required for reporting which shall be considered to be part of the normal daily tour, for a period of up to fifteen ( 15) minutes duration. Should the reporting time extend beyond fifteen (15) minutes, however, the entire period shall be considered overtime for the purposes of payment under Article 14.03.

14.02 Rest Periods Employees working an eight (8) hour shift will be entitled to a paid rest period of fifteen (15) consecutive minutes in both the first half and the second half of the shift.

Employees working other than eight (8) hour shifts will be entitled to a paid rest period of fifteen (15) consecutive minutes for each four (4) hours of work during their shift.

The paid meal period shall be 45 minutes long for those employees working twelve (12) hour shifts.

14.03 Overtime (a) It is understood and acknowledged that the Hospital has the right to require

employees to perform reasonable authorized overtime work and the Union hereby gives it consent to such overtime pursuant to the Employment Standards Act.

(b) For Employees Working Eight (8) Hour Shifts

All authorized time worked in excess of eight (8) hours per day or in excess of an average of eighty (80) hours over the pay period shall be paid at the rate of time and one-half (1 1/2) the employee's regular straight time rate of pay. Overtime shall be offered to senior full time employees first, then to senior part time employees.

21

(c) For Employees Working Twelve (12) Hour Shifts

For part-time employees, working tweNe (12) hour shifts, all authorized time worked in excess of twelve (12) hours a day or eighty four (84) hours averaged over the pay period shall be paid at time and one-half the employee's straight time hourly rate of pay.

Overtime premium shall be offered to senior full time employees first, then to senior part time employees.

For full time employees (on a 4 on 5 off schedule) when they are called ln to work outside their regular schedule, or in excess of 12 hours, they will be paid at one and one half (1.5) times their regular straight time hourly rate. This provision does not apply for the additional required tours/shifts scheduled for full time employees on a 4 on 5 off schedule.

(d) Overtime opportunities will be distributed in an equitable manner over a reasonable period of time amongst employees who are available to perform the overtime work.

14.04 Daylight Saving Time For shifts affected by the change from daylight saving time to standard time, and vice-versa, employees shall be paid for hours actually worked in accordance with the provisions in Article 14.03(b) herein.

14.05 Overtime premium will not be duplicated nor pyramided nor shall other premiums be duplicated nor pyramided nor shall the same hours worked be counted as part of the normal work week and also as hours for which overtime premium is paid.

14.06 Part time employees must be available: • Two (2) twelve (12) hours shifts per week, on different days, in accordance

with Article 14 • 12 months per year, less vacation entitlement • two weekends in four • either the Christmas period (includes Christmas Eve, Christmas and Boxing

Day) or New Year's period (including New Year's Eve and New Year's Day) • to work all three shifts (i.e. days, evenings and nights) • half the paid holidays and the adjacent weekend

The part time Security Officers will provide availability to the Hospital four ( 4) weeks prior to the posting of the schedule. An employee when submitting availability shall not be required to be available for more than one shift per day, nor does this preclude an employee from making themselves available for more than one shift per day (in accordance with the departmental operating hours).

For clarity, eligible employees who have indicated availability for a full shift will be given the full shift over eligible employees who have indicated their availability for only part of an available shift.

22

If availability is not submitted, or does not meet the requirements set out above, part time employees may be scheduled up to forty-eight (48) hours per pay period, based on the needs of the department. Late submissions will be accepted for call-ins that arise but not for pre-booked shifts. Employees have the right to change their availability after submission although the amendments must comply with this Article.

14.07 The Hospital shall post the normal rotating schedule at least 4 weeks in advance for an eighteen (18) week period. It is understood that this schedule is subject to change by the Hospital.

14.08 Work opportunities that become available due to sick calls, holidays, vacation or leaves of absence of less than two weeks duration will be distributed on the basis of seniority and availability to qualified part time employees eligible to work at straight time. If no part time employee is available then the Hospital will contact full time and then part time employees at overtime rates to cover these shifts.

14.09 Requests for mutual shift exchange within the current posted schedule must be submitted in writing to the supervisor at least seventy-two (72) hours in advance unless there are extenuating circumstances and be co..signed by the employees desiring the exchange. The written request must outline the shifts to be exchanged. No shifts can be given by an employee to another employee.

Partial shift exchanges will be limited to three (3) times per calendar year unless otherwise approved by Supervisor or designate. No partial shift exchange will be granted where one part exchanged is less than four (4) hours and a shift may not be separated into more than two (2) parts. The Hospital will only pay the total hours of the original scheduled shift.

It is understood and agreed that any such change initiated by employees, if approved by the department manager, shall not result in any overtime compensation or payment at one and one-half (1 ~)times (excluding payment for working on a holiday) or any other claim under the terms of the collective agreement.

For clarity, staff with approved vacation are not permitted to shift exchange into or out of an approved vacation shift.

14.10 Normal Work Day Scheduling Employees will not be scheduled to work more than seven (7) consecutive days unless mutually agreed between the Hospital and the employee.

14.11 Where an employee Is called in to work a shift less than two (2) hours prior to the commencement of the shift, and arrives within one (1) hour of the commencement. then the employee will be paid for the full shift provided the employee works until the normal completion of the shift.

23

14.12 It is agreed that employees on shift shall not leave their place of work until properly relieved by another employee or authorized to do so by their supervisor.

14:13 Banking of Lieu Time Where an employee has worked and accumulated approved overtime hours, up to a maximum of forty-eight (48) hours accumulation, then such employee shall have the option of electing payment at the applicable rate or time off equivalent to the applicable rate (i.e. where applicable overtime rate is one and one-half (1 1/2) times, then time off shall be at one and one-half (1 1/2) times). If the employee is unable to schedule the time off by the end of the fiscal year the employee will be paid out for all hours owing.

ARTICLE 15 • PREMIUM PAY

15.01 Call-Back An employee called back to work after leaving the premises, who reports for work outside their normal, scheduled hours of work will receive, no matter what period of time is actually worked, no less than the equivalent of four ( 4) hours pay at time and one-half their regular, straight time hourly rate. For purposes of clarity, this paragraph shall not apply to employees who are scheduled to work overtime by reporting to work before the commencement of their normal shift.

15.02 Standby Employees required to remain available for duty outside their regularly scheduled hours of work will be paid a standby amount of $2.1 0 for each hour of the standby period.

Should an employee be called in to work from standby the standby amount shall cease at the time the employee commences working and resume following the 9reater of the time worked or the minimum hours paid for call back.

15.03 Shift Premium Employees shall be paid a shift premium of ninety-five cents ($0.95) par hour for all hours worked on the afternoon or night shift where the majority of hours fall outside the normal day shift and the work takes place between 1500 hours one day and 0700 hours the following day.

15.04 Weekend Premium An employee shall be paid a weekend premium of ninety-five cents ($0.95) per hour for each hour worked between 2400 hours Friday and 2400 hours Sunday. If the parties mutually agree, the effective times for this weekend premium may be adjusted to reflect a different forty-eight (48) hour time period over the weekend hours.

2 4

ARTICLE 16- ALLOWANCES

16.01 The Hospital agrees to provide each bargaining unit member with four (4) shirts (long or short sleeve), four (4) pairs of trousers (full time) ~ three (3) pairs of trousers (part time), one (1) pair of safety footwear, one (1) pair of cut resistant leather gloves and one belt pouch to be replaced as determined by the Hospital.

The Hospital agrees to provide one Storm Coat per bargaining unit member. These coats shall be replaced from time to time over a period of years as they wear out.

Security Officers may, at their discretion, wear short-sleeved grey shirts only the top button may be undone and the undershirt showing must be black (crewneck).

Uniforms may only be worn when off duty if all identifying badges or shoulder flashes are covered.

Security Officers may, at their discretion, wear a black vest or sweater under their storm coat/parka.

16.02 It is the employee's responsibility to notify the Hospital when uniforms and/or equipment are damaged and/or need replacing.

16.03 When an employee, in the exercise of their functions, suffers damage to their personal belongings (clothing, watch, glasses, contact lenses, or other prosthesis, etc.), the Hospital shall provide for replacement or repair at no cost to the employee.

The employee will endeavour to present their claim to the Hospital within seven (7) days after the event, unless it was impossible for them to do so during this period.

ARTICLE 17- PAID HOLIDAYS

(ARTICLES 17.01-17.08 APPLICABLE TO FULL TIME EMPLOYEES ONLY) 17.01 The following shall be observed as holidays at the Hospital:

(a) New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day (July 1s')

Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

(b) Should the Hospital be required to observe additional paid holidays as a result of legislation, it is understood that one of the existing holidays recognized by the Hospital shall be established as the legislated holiday after discussion with the Union, so that the Hospital's obligation to provide for twelve (12) paid holidays remains unchanged.

25

17.02 The Employer shall designate the day of observance of paid holidays in the aforementioned clause.

17.03 Holiday pay is defined as the amount of regular straight time hourly pay (eight (8} hours) exclusive of shift premium which an employee would have received had he/she worked a normal shift on the holiday in question.

17.04 In order to qualify for pay for a holiday, an employee shall complete his/her full scheduled shlft on each of the working days immediately preceding and following the holiday concerned unless excused by the Hospital or the employee was absent due to:

(a} legitimate illness or accident which commenced within thirty (30} working days of the date of the holiday;

(b) layoff for a period not exceeding five (5) working days, inclusive of the holiday;

(c) vacation granted by the Hospital. (d) an employee's regular scheduled day off.

17.05 An employee who qualifies and is required to work on any of the above named holidays will, at the option of the Hospital, which shall take into account in its decision the request of the employees, receive either:

(a) pay for all hours worked on such day at the rate of one and one-half (1\2) times his/her regular straight time rate of pay in addition to his/her regular straight time rate of pay, or

(b) pay at the rate of time and one·half the employee's regular straight time rate of pay for work performed on such holiday and a lieu day off at regular straight time rate of pay within one hundred and twenty (120) days following the holiday. Such lieu day off will be selected by the employee and the Department Head by mutual agreement. Failing such mutual agreement, the lieu day will be scheduled by the Department Head or paid out at the employee's regular straight time rate of pay.

17.06 An employee who is scheduled to work on a paid holiday and who falls to do so shall lose his/her entitlement to holiday pay unless the employee provides a reason for such absence which is reasonable.

17.07 If a paid holiday falls during an employee's vacation, the employee will receive an additional day's pay in lieu thereof, or will receive an additional day off which may be added to his/her vacation or taken as a vacation day at a time mutually agreed to between the employee and Department Head. Failing. such agreement, the holiday will be scheduled by the Department Head or paid out at the employee's regular straight time rate of pay.

2 6

17.08 If a paid holiday falls during an employee's regular day off, another day off shall be selected by the employee and the Department Head by mutual agreement, providing the employee qualifies for the holiday pay. Failing such mutual agreement, the lieu day will either be scheduled by the Department Head or paid out at the employee's regular straight time rate of pay.

17.09 If a part time employee works on any of the holidays listed in Article 17.01(a) he or she shall be paid at the rate of time and one-half (1 1/2) his or her regular straight time hourly rate for all hours worked on such holiday.

ARTICLE 18 ~VACATION

(ARTICLES 18.01-18.07 APPLICABLE TO FULL TIME EMPLOYEES ONLY)

18.01 Employees working for the Hospital in the twelve (12) month period preceding June 30th shall be entitled to vacation computed on the following basis according to the individual employee's length of continuous service:

(a) Employees who have completed less than one (1} year of continuous service as of June 30th, shall be entitled to an annual vacation of .83 days for each completed month of service to a maximum of ten (10) working days and shall be paid 4% of their earnings during the vacation year. Vacation pay shall be determined on the basis of the employee's gross earnings during the vacation year calculated as of the pay period immediately preceding June 30th.

(b) An employee with more than one (1) year continuous service but less than two (2) years of continuous service as of June 3oth of any year shall be entitled to an annual vacation of eighty (80) hours with pay at his/her regular straight time hourly rate.

(c) An employee with more than two (2) years of continuous service but less than five (5) years of continuous service as of June 30th of any year shall be entitled to an annual vacation of one hundred and twenty (120) hours with pay at his/her regular straight time hourly rate.

(d) An employee with more than five (5) years of continuous service but less than thirteen (13) years of continuous service as of June 30th shall be entitled to an annual vacation of one hundred and sixty hours (160) with pay at his/her regular straight time hourly rate.

(e) An employee with more than thirteen (13) years of continuous service but less than twenty-two (22) years of continuous service as of June 30th of any year shall be entitled to an annual vacation of two hundred hours {200) with pay at his/her regular straight time hourly rate.

(f) An employee who has completed more than twenty-two (22) years of continuous service but less than twenty-eight years of continuous service as of June 30th of any year shall be entitled to an annual vacation of two

27

hundred forty hours (240) with pay at his/her regular straight time hourly rate.

(g) An employee who has completed more than twenty-eight (28) years of continuous service as of June 30th of any year shall be entitled to an annual vacation of two hundred eighty hours (280) with pay at his/her regular straight time hourly rate.

18.02 Vacations with pay are granted for past service. It shall be the duty of the Department Head to receive requests for vacation entitlement and arrange suitable dates taking into account adequate coverage of the department and seniority.

18.03 Vacations shall not be cumulative from year to year, however consideration may be given in special cases subject to the approval of the Department Head.

18.04 An employee who leaves the employ of the Hospital for any reason shall be paid the vacation allowance due him/her at the time of his/her termination as provided herein. It is understood that the employee shall receive vacation pay in accordance with the Employment Standards Act if they do not provide two (2) weeks notice of resignation.

18.05 (a) Where an employee's scheduled vacation is interrupted due to serious illness which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave.

(b) Where an employee's scheduled vacation is interrupted due to a serious illness requiring the employee to be an inpatient in a hospital, the period of such hospitalization shall be considered sick leave. The portion of the employee's vacation which is deeme.d to be sick leave will not be counted against the employee's vacation credits.

(c) Where an employee's scheduled vacation is interrupted due to a death in the employee's family, the period of such bereavement leave shall be as set out in Article 13 and the period of bereavement leave will not be counted against the employee's vacation credits.

18.06 The time of vacation for each employee each year will be mutually arranged between the employee and the Hospital, provided however, that if there is a dispute over a respective vacation date between employees, seniority of an employee shall be the governing factor. In addition, should the parties be unable to mutually agree upon the time, the decision will be that of the Hospital. An employee shall be entitled to receive his/her vacation in an unbroken period, unless mutually agreed upon between the employee and the Hospital.

18.07 An employee's vacation pay entitlement shall be proportionately reduced for absences due to unpaid illness (including Workers' Safety and Insurance Benefits), leaves of absences or other unpaid periods (except leaves of absence for Union business), which absence exceeds thirty (30) consecutive calendar days or sixty

28

(60) cumulative days, whichever occurs first, during the period of qualifying the employee for vacation.

18.08 Part time employees shall be paid vacation pay based on the following formulae: Start of employment 4% of earnings After 3,600 hours worked 6% of earnings After 9,000 hours worked 8% of earnings After 25,200 hours worked 10% of earnings After 41 ,400 hours worked 12% of earnings

18.09 Preference for vacation for the summer vacation period (June 30th through September 151h) must be submitted in writing by March 30th. The Department Head or designate will post the approved vacations by April 15th.

Part time employees shall submit their availabilit~ for the summer vacation period (June 30th through September 15th) by March 30 .

Vacation requests outside the summer vacation period (June through September) will be responded to by the Hospital within fourteen ( 14) days of the request being made.

Should an employee request to cancel a previously requested vacation; such employee shall be permitted to do so provided the cancellation is submitted to the Hospital no later than six weeks in advance unless it is an emergency situation.

For clarity, staff with approved vacation are not permitted to shift exchange into or out of an approved vacation shift.

18.10 Part time employees will be entitled to two (2) weeks vacation time per vacation year. Requests for additional time off will be considered a request for personal leave of absence, subject to the provisions under 13.01 .

ARTICLE 19- HEALTH & WELFARE

(ARTICLES 19.01-19.09 APPLICABLE TO FULL TIME EMPLOYEES ONLY)

The Hospital agrees during the term of the Collective Agreement to contribute towards the premium coverage of the participating eligible employees in the employ of the Hospital under the insurance plans set out below subject to their respective terms and conditions including any enrolment requirements.

19.01 Semi-Private Subject to meeting appropriate enrolment requirements, the. Hospital agrees to pay one hundred percent (100%) of the billed premium for coverage of eligible employees for Semi-Private insurance for each employee eligible for coverage.

29

19.02 Extended Health Care The Hospital agrees to contribute seventy-ffve (75%) of the billed premiums towards coverage of eligible employees in the employ of the Hospital under the Extended Health Care Plan providing for fifteen dollars ($15.00) single and twenty­five dollars ($25.00) family deductible providing the balance of the monthly premiums are paid by the employee through payroll deductions.

In addition to the standard benefits of Extended Health Care, coverage will include hearing aids (maximum $500.00 lifetime) and vision care (maximum of $200.00 every twenty-four (24) months). Vision coverage permitted to be used for laser eye surgery.

19.03 Life Insurance The Hospital agrees to contribu1e one hundred percent (100%) of the billed premiums towards coverage of eligible employees in the employ of the Hospital under the Hospitals of Ontario Group Life Insurance Plan. Such insurance coverage is to be equal to twice the annual salary of the employee.

19.04 Dental Plan The Hospital shall contribute seventy-five (75%) of the billed premiums towards coverage of eligible employees in the active employ of the Hospital under the existing Dental Plan based on the current ODA Fee Schedule with a one year lag and a nine month recall providing the balance of the monthly premium is paid by the employee through payroll deduction.

19.05 The Semi-Private. Extended Health Care Plan, and the Dental Plan referred to above shall include coverage for dependants of eligible employees until the age of twenty-five (25) years while such dependants are attending post-secondary institutions. Eligible employees' dependants who suffer from a disability or impainnent which precludes the dependant from working shall be included for coverage under the aforementioned plans.

19.06 Notification of Change of Status Employees must notify the Employer of any change in name, income tax status, insurance beneficiary, next of kin, dependants or any other pertinent information necessary for dealing with employee benefits and statutory deductions.

19.07 Responsibility The Hospital is responsible for the administration of any insurance policy established in order to provide the health and welfare plans as herein set forth and any differences arising with respect thereto will be disposed of in accordance with the grievance and arbitration procedures of this Collective Agreement.

19.08 It is understood that the Hospital may at any time substitute another carrier for any plan provided the benefits conferred thereby are not in total decreased. Before making such a substitution the Hospital shall notify the Union to explain the proposed change and to ascertain the view of the employees. Upon a request by the Union, the Employer shall provide to the Union full specifications of the benefit programs contracted for and in effect for employees covered herein.

30

19.09 Pension Plan All present employees enrolled in the Hospital's Pension Plan shall maintain their enrolment in the plan subject to its terms and conditions. New employees and employees not yet eligible for membership in the plan shall, as a condition of employment, enrol in the plan when eligible in accordance with its terms and conditions.

(ARTICLE 19.10 APPLICABLE TO PART TIME EMPLOYEES ONLY)

19.10 In lieu of full coverage for health and welfare benefits, income protection and holiday pay, part time employees shall receive, in addition to their regular hourly rate, an amount equivalent to fourteen percent (14%) of their regular straight time hourly rate.

ARTICLE 20- SICK LEAVE & LONG TERM DISABILITY

(ARTICLES 20.01-20.07 APPLICABLE TO FULL TIME EMPLOYEES ONLY)

20.01 Pay for sick leave is for the sole and only purpose of protecting an employee against loss of regular income when he/she is legitimately ill and unable to work and will be granted on the following basis:

20.02

(a) It is understood and agreed that no sick leave will be allowed during an employee's probationary period.

(b) Employees shall not be entitled to sick leave for sickness or accident compensable by the Workers' Safety and Insurance Board.

For those employees working extended tours, the short term sick leave plan will provide payment for the number of hours of absence according to the scheduled tour to a total of 600 hours. All other provisions of the sick leave plan apply.

(a) The Hospital will assume total responsibility for providing and funding the short term portion of the Hospitals of Ontario Disability Income Plan (HOODIP) in accordance with the plan's terms and conditions.

(b) The Hospital will pay seventy-five percent (75%) of the billed premium toward coverage of eligible employees under the Long Term Disability benefit portion of the plan (HOODIP), or an equivalent plan, the employee paying the balance of the billed premium through payroll deduction.

20.03 Notwithstanding anything else contained in this Agreement, the Hospital will continue the benefits as herein provided related to vacation, health and welfare programs and HOODIP premiums for a period up to fifteen (15) weeks while an employee is receiving paid sick leave by the Hospital, or receiving Workers' Safety and Insurance benefits.

31

20.04 (a) The Hospital further agrees, to pay employees an amount equal to any loss of benefits under HOODIP for the first two days of the fourth and subsequent period of absence in any calendar year.

(b) Notwithstanding the above, an employee shall not be allowed sick leave pay for the first day off from work for the first day of absence in the fifth and any succeeding period of absence, because of sickness in any calendar year.

20.05 Absences due to pregnancy-related illness shall be considered as sick leave under the sick leave plan. The employee will be required to provide medical documentation to support such illness before sick leave benefits will be paid.

20.06 An employee who is absent from work as a result of an illness or injury sustained at work and who has been awaiting approval of a claim for Workers' Safety and Insurance Board benefits for a period longer than one complete pay period (not including the pay period in which the illness or injury occurred) may apply to the Hospital for payment equivalent to the lesser of:

(a) the benefit he/she would receive from Workers' Safety and Insurance Board if his/her claim was approved, or

(b) the benefit he/she would be entitled to under the short term sick portion of the disabllity income plan (HOODIP or equivalent).

Payment will be provided only if the employee provides evidence of disability satisfactory to the Hospital and a written undertaking satisfactory to the Hospital that any payments will be refunded to the Hospital following final determination of the claim by the Worker's Safety and Insurance Board. If the claim for Workers' Safety and Insurance Board benefits are not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the short term portion of the disability income plan. Any payment under this provision will continue for a maximum of fifteen ( 15) weeks.

20.07 Sick leave shall not be paid to an employee on authorized leave of absence or upon termination, discharge or retirement. During a period of vacation, payment will not be made for sick leaves except as provided elsewhere in this Agreement.

(ARTICLES 20.08-20.12 APPLICABLE TO BOTH FULL AND PART TIME EMPLOYEES)

20.08 The employee is required to provide proof of sickness in the form of a medical certificate satisfactory to the Hospital for an absence of any duration and must do so as well as report to the Department of Occupational Health when returnihg to duty after an absence. Where such proof is required, the Hospital will assume the full cost of the medical certificate.

20.09 When an employee is unable to report for work due to sickness or injury, the employee will notify the on duty security officer. Failure to inform appropriately

- may result in the loss of sick time benefits.

32

Reporting Off Duty

(a) When reporting off ill, notify the designated area as to the cause of absence i.e.: ill/personai/W.S.I.B.

(b) A call is acceptable as late as one hour before the start of her/his shift. It is recognized that an employee may find upon waking that she/he is not fit to report for work.

Returning to Work

In order to plan for appropriate security coverage, the minimum reporting expectation is:

(a) For absences of less than five (5) days it is expected that an officer will call in on a daily basis as to the continued status of their sick leave.

(b) For absences of greater than five (5) days it is expected that an officer will give the Hospital at least twenty-four (24) hours notice of their return to work.

(c) It is understood that absences that necessitate a retum to work plan require greater notification.

20.10 An employee who misuses the sick leave provision set out In this Agreement will be subject to discharge by the Employer.

20.11 An employee is required to provide a doctor's certificate certifying that the employee is unable to carry out the normal job duties due to illness or injury. The Hospital shall pay the full cost of any medical certificate required of an employee.

20. 12 Medical Examination for New Employees Newly hired employees will be required to be certified by a legally qualified Medical Practitioner employed by the Employer, to be in good health mentally and physically and fit for duty as a member of the Hospital.

ARTICLE 21 ·COMPENSATION

21 .01 The wages rates in effect for the duration of this Collective Agreement shall be as set forth in Schedule "A" attached to and forming part of this Collective Agreement.

ARTICLE 22- BULLETIN BOARDS

22.01 The Hospital agrees to provide space on a bulletin board for official union notices on the understanding that such notices will be in keeping with the spirit and intent of this Agreement; however, all such notices must be submitted to and approved by the supervisor of the department or his/her daily authorized representative prior to posting.

33

ARTICLE 23 - INFLUENZA VACCINE

23.01 The parties agree that influenza vaccinations may be beneficial for patients and employees. Upon a recommendation pertaining to a facility or a specifically designated area(s) thereof from the Medical Officer of Health or in compliance with applicable provincial legislation, the following rules will apply:

(a) Employees shall, subject to the following, be required to be vaccinated for Influenza.

(b) If the full cost of such medication is not covered by some other source, the Hospital will pay the full or incremental cost for the vaccine and will endeavour to offer vaccinations during an employee's working hours. In addition, employees will be provided with information, including risks and side effects, regarding the vaccine.

(c) Hospitals recognize that employees have the right to refuse any required vaccination.

(d) If an employee refuses to take the vaccine required under this provision, she or he may be placed on an unpaid leave of absence during any influenza outbreak in the hospital until such time as the employee is cleared to return to work. If an employee is placed on unpaid leave, she or he can use banked lieu time or vacation in order to keep her or his pay whole.

(e) If an employee refuses to take the vaccine because it is medically contra­indicated, and where a medical certificate is provided to this effect, she or he will be reassigned during the outbreak period, unless reassignment is not possible, in which case the employee will be paid. It is agreed that any such reassignment will not adversely impact the scheduled hours of other employees.

(f) If an employee gets sick as a result of the vaccination, and applies for WSIB, the Hospital will not oppose the claim.

(g) Notwithstanding the above, the Hospital may offer the vaccine on a voluntary basis to employees free of charge.

(h) This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code.

(i) An employee that has worked in a health care location outside GRH that is experiencing an influenza outbreak will not be permitted to work at the Hospital until such time that the outbreak is declared over by the Chief Medical Officer.

34

ARTICLE 24- DURATION

24.01 This Agreement shall be in effect from July 1, 2014 and shall continue in effect until June 30, 2017 or continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other in writing not less than thirty (30) days and not more than ninety (90) days prior to the expiration date of its desire to amend or terminate this Agreement.

24.02 In the event of such notification being given as to amendment of this Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification.

24.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, this Agreement shall be automatically extended until consummation of a new Agreement or completion of the proceedings prescribed under the Labour Relations Act, R.S.O., 1970, as amended, of the Province of Ontario and the Hospital Labour Disputes Arbitration Act, R.S.O., 1970, as amended, whichever should first occur.

24.04 All correspondence between the parties arising out of this Agreement or incidental thereto shall pass to and from the Employee Relations Officer and the Local President of the United Steelworkers.

Dated at Kitchener, this L day of *tkr. 2016.

United Steelworkers

35

SCHEDULE "A"- WAGES Effective July 1, 2016

Start $22.4208

For the Union

36

L 1.01

Letter of Understanding

Between

Grand River Hospital And

United Steelworkers

RE: Ballistic and/or Slash Resistant Vests

The parties agree that Ballistic and/or Slash Resistant Vests are a required safety device to be worn at all times while on duty as part of the employees uniform.

The Hospital will determine the vest model and manufacturer.

All new employees are responsible to purchase their vest from Grand River HospitaJ's supplier. The employee will be reimbursed for the amount spent on the vest upon the successful completion of their probationary period as set out in Article 10.01 (a). Employees will be required to produce a receipt in order to be able to expense the purchase of the vest. Following the probationary period and reimbursement of the cost of the vest, the vest will become the property of Grand River Hospital and must be returned upon completion of employment.

Vests will be replaced by the Hospital as per the manufacturer's term of the life of the product. This letter of understanding is to be read in conjunction with Article 16.

Failure to wear the vest while on duty or to comply with the safety instructions and regulations may result in disciplinary action, up to and including termination

Dated at Kitchener, this 2. day of~ 2016.

For United Steelworkers Grand · er Hospital

3 7

L 2.01

Letter of Understanding

Between

Grand River Hospital And

United Steelworkers

RE: Winter Holiday Shift Schedule

The Hospital will undertake to compose an irregular Winter Holiday work schedule from December 15th through January 12th. inclusive to permit employees either Christmas Day or New Year's Day as a scheduled day off.

Employees who elect Christmas Day one year must take New Year's Day the next and visa versa. During the initial year of such schedule, seniority will govern in the choice of the scheduled day off. Thereafter, the flip-flop arrangement above will take precedence.

Employees desiring days off preceding their elective holiday must arrange a mutual shift exchange with another employee and submit such request in writing to the Hospital no later than December 15th. The provisions of Article 14 respecting mutual shift relief shall apply.

It is understood that only one (1) employee at a time may be scheduled for vacation between December 24th and January 2nd, inclusive, but the period between these dates inclusive may be divided among more than one ( 1) employee.

Dated at Kitchener, this L. day of ~ko16. United Steelworkers

38

Letter of Understanding

Between

Grand River Hospital And

United Steelworkers

RE: Contracting Out

L 3.01 No work will be contracted out that is normally performed by members of the Bargaining Unit except in cases of emergency, special functions or extenuating circumstances. Where the security needs of the Hospital surpass the capabilities and availability of the Bargaining Unit members no employee will be terminated, laid off, or have their regularly scheduled hours reduced as a result of contracting out.

Dated at Kftchener, this L day of~ 2016.

United Steelworkers

39

Letter of Understanding

Between

Grand River Hospital And

United Steelworkers

RE: Lightweight/Breathable Shirts

L 4.01 Within three (3) months of ratification, the parties agree to investigate the feasibility of providing a more lightweight/breathable shirt to Security Officers.

Dated at Kitchener, this Lday of~ 2016.

United Steelworkers

40

Letter of Understanding

Between

Grand River Hospital And

United Steelworkers

RE: Basic Cardiovascular Life Support (BCLS)

L 5.01 The parties agree that BCLS is an entry level requirement for Security Officers at Grand River Hospital.

The Hospital will provide the opportunity for Security Officers to maintain their certification. Security Officers will be paid in accordance with Article 13.07(b).

Dated at Kttchener, this L day of yJe... bo16.

United Steelworkers

41