COLLECTIVE AGREEMENT

BETWEEN

S & RNURSING HOMES LTD. (WESTMOUNT GARDENS)

-And-

HEALTHCARE, OFFICE AND PROFESSIONAL EMPLOYEES UNION, LOCAL 2220, UBCJA

Effective October 10, 2013 to October 9, 2015

TABLE OF CONTENTS

ARTICLE 1 - GENERAL PURPOSE ............................................................................................ 3 ARTICLE 2 - RECOGNITION ..................................................................................................... 3 ARTICLE 3 - STRIKES AND LOCKOUTS ................................................................................. 3 ARTICLE 4 - MANAGEMENT RIGHTS .................................................................................... 4 ARTICLE 5 - UNION SECURITY ................................................................................................ 4 ARTICLE 6 - UNION REPRESENTATION ................................................................................ 6 ARTICLE 7 - GRIEVANCE AND ARBITRATION PROCEDURE ........................................... 7 ARTICLE 8 - NO DISCRIMINATION I HARASSMENT .......................................................... 9 ARTICLE 9 - PROBATIONARY PERIOD ................................................................................. 10 ARTICLE 10- SENIORITY ........................................................................................................ 10 ARTICLE 11 - LEAVES OF ABSENCE ..................................................................................... 18 ARTICLE 12 - HOURS OF WORK AND OVERTIME ............................................................ 22 ARTICLE 13 - VACATIONS ...................................................................................................... 25 ARTICLE 14 - PAID HOLIDAYS ............................................................................................... 27 ARTICLE 15 - SICK LEAVE ..................................................................................................... 29 ARTICLE 16 - HEALTH & WELFARE BENEFIT .................................................................... 30 ARTICLE 17 - PRO-RATION ..................................................................................................... 32 ARTICLE 18-JOB CLASSIFICATIONS & WAGE RATES ................................................... 33 ARTICLE 19 - ALLOWANCES .................................................................................................. 34 ARTICLE 20 - UNION-MANAGEMENT MEETINGS ............................................................. 34 ARTICLE 21 -HEALTH AND SAFETY ................................................................................... 35 ARTICLE 22- WORKERS' SAFETY & INSURANCE BOARD .............................................. 37 ARTICLE 23 - COPIES OF AGREEMENT ............................................................................... 38 ARTICLE 24- GENERAL .......................................................................................................... 39 ARTICLE 25 - RENEWAL, AMENDMENT AND TERMINATION ....................................... 39 SCHEDULE "A" .......................................................................................................................... 41 PAY EQUITY ............................................................................................................................... 42 LETTER OF UNDERSTANDING .............................................................................................. 43 LETTER OF UNDERSTANDING .............................................................................................. 44 LETTER OF UNDERSTANDING .............................................................................................. 45 LETTER OF UNDERSTANDING .............................................................................................. 46

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ARTICLE 1 - GENERAL PURPOSE

1.01 This Agreement is entered into by the parties hereto in order to provide for orderly collective bargaining relations between the Employer and its Employees. It is the desire of both parties to co-operate in maintaining a harmonious relationship between the Employer and its Employees, and to settle amicable differences or grievances which may arise from time to time hereunder in the manner hereinafter set out.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole Collective Bargaining Agent for all of its Employees, of S&R Nursing Homes, c.o.b. Westmount Gardens, in the City of London, Ontario, save and except supervisors, persons above the rank of supervisor, office and clerical staff, registered and graduate nurses, registered practical nurses, activation staff and maintenance.

2.02 The Employer undertakes that it will not enter into any other agreement or contract with any employees represented by the Union either individually or collectively which will conflict with the provisions of this Agreement.

2.03 Where the feminine pronoun is used in the Agreement, it shall mean and include the masculine pronoun where the context so applies.

2.04 Full-Time Employee

A full-time employee is defined as an employee who is regularly scheduled to work more than forty-eight (48) hours bi-weekly, exclusive of unpaid meal periods.

2.05 Part Time Employee

A part-time employee is defined as an employee who is regularly scheduled to work forty-eight (48) hours or less bi-weekly, exclusive of unpaid meal periods.

2.06 Casual Employee

A "Casual Employee" is an employee who is called in to work as required and may have regularly scheduled hours from time to time, but n01mally does not have a regular schedule of hours of work.

ARTICLE 3 - STRIKES AND LOCKOUTS

3.01 The Union agrees that there shall be no strike and the Employer agrees that there shall be no lockouts so long as this Agreement continues to operate. The te1ms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

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ARTICLE 4 - MANAGEMENT RIGHTS

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

(a) to detennine and establish standards and procedures for the care, welfare, safety and comf011 of the residents in the Employer;

(b) to maintain order, discipline, efficiency and in connection therewith to establish and enforce reasonable rules and regulations, provided that the rules shall not be inconsistent with the provisions of this Agreement;

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

( d) to have the right to plan, direct and control the work of the employees and the operations of the Employer. This includes the right to introduce new and improved methods, facilities, equipment, and to control the amount of supervision necessary, work schedules, and the increase or reduction of personnel in a particular area or overall.

4.02 The employer shall exercise these rights in a manner consistent with this agreement.

ARTICLE 5 - UNION SECURITY

5.01 The Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly Union dues and assessments designated by the Union in writing. Assessments may include remittances to the Healthcare Office and Professional Employees Local 2220 UBCJA.

5.02 The Union agrees to indemnify and save the Employer haimless against any claim or liability arising out of the application of this agreement.

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5.03 The Employer will provide to the Union Chairperson a listing of the names, addresses, social insurance number and classification of employees in the bargaining unit. On a monthly basis, the Employer will provide a listing of all new hires, the names of employees who have terminated, been tenninated and those who have resigned, as well as those employees who have not remitted dues in that month as a result of some form of absence where Union dues cannot be deducted by the Employer.

5.04 The Employer shall show deductions made for Union dues on an employee's T4 slip.

5.05 The Employer agrees during the lifetime of this agreement to deduct each month from the pay of each Employee union dues. Such deductions shall be made at the end of the first pay period in any calendar month and remitted to the Secretary-Treasurer of the Union within fifteen (15) days after the month in which they were so deducted. The Employer shall, when remitting such dues, supply the Union with a list of the names, addresses and classifications of the Employees from whom such deductions were made. On and after a date three (3) months from the date of ratification, such lists shall also indicate whether such Employee is absent from work and where possible, the reason for such absence. The Secretary-Treasurer of the Union shall certify to the Employer the amount of Union dues in effect in accordance with the Union's constitution and by-laws.

5.06 The Union shall keep the Employer advised in writing of any changes in the amount of its monthly Union dues.

5.07 The Union and its members shall hold the Employer harmless with respect to any liability, which the Employer might incur as a result of deductions and remittances.

5.08 a) Such dues shall be deducted from each pay period and, in the case of newly employed persons, such deductions shall commence on their first full pay following their first day of work. The employer shall remit to the Union by the fifteenth (15) day of the month following the month in which the union dues accumulated.

b) It is mutually agreed that alTangements will be made for a Union Representative to interview each new employee of the bargaining unit once within the first thhiy (30) days of employment for the purpose of infonning such employee of the existence of the Union in the Nursing Home. The Employer shall advise the Union monthly as to the names of the persons listed for interview and the time and place on the premises of the Employer designate for each such interview, the duration of which shall not exceed twenty (20) minutes.

5.09 Persons excluded from the bargaining unit shall not perfo1m duties normally performed by employees in the Bargaining Unit, which shall directly cause or result in the lay off of an employee in the Bargaining Unit.

5.10 The Employer shall not contract out any work usually perfo1med by members of the bargaining unit if, as a result of such contracting out, a lay-off of any employees other

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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 laid off with similar terms and conditions of employment is not a breach of this Agreement.

ARTICLE 6 - UNION REPRESENTATION

6.01 The Employer acknowledges the right of the Union to appoint, elect or select four (4) Union members (the union will do its best efforts to have one of whom shall be from the Pait Time Bargaining Unit) employees to fmm a Negotiating Committee to represent employees in the negotiations and renewals of collective agreements; and Five (5) additional Stewards.

a) Four ( 4) Union members (one of whom shall be from the Part Time Bargaining Unit) employees to form a Negotiating Committee to represent employees in the negotiations and renewals of collective agreements; and

b) Four (4) Union members (one of whom shall be from the Patt Time Bargaining Unit) employees to form a Grievance Committee to assist employees in presenting their grievances, each member of which shall be a steward.

One of the above members shall be the Unit Chairperson and all of whom will have completed their probationary period.

6. 02 The Union acknowledges that union stewards, have regulai· duties to perform on behalf of the Employer and that such persons will not leave their regular duties without notifying their immediate supervisor. Each steward shall, with the consent of her supervisor, be pe1mitted to leave her regular Company duties for a reasonable length of time to function as a steward as in this Agreement provided, including time to meet with the President of the Local Union or Local Representative of the Union about a grievance.

The President of the Local Union or Local Representative shall seek consent for such meeting from the Administrator, or designate. Such consent from the Administrator or designate will not be umeasonably withheld. A meeting with the President of the Local Union or Local Representative of the Union and the stewards shall be in a place where the two may confer privately.

6.03 The Union shall provide the employer with a written list of the naines of stewards at least annually in January of each year and at such times that there are changes.

6.04 The Union stewards and committees have the right to have the assistance of the National or Local Representative of the Union. The employer shall have the right to have a corporate representative of S&R in attendance.

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6.05 The Employer agrees that stewards or committee members, who leave her work duties pursuant to the above, shall not suffer loss of pay during the employee's scheduled regular working hours for the reasonable time spent in the handling of grievances.

6.06 The Employer agrees that a member of the Negotiating Committee shall not suffer loss of pay during the employee's scheduled regular working hours when the Committee is scheduled to meet with the Employer and the member does so meet, up to and including conciliation.

ARTICLE 7 - GRIEVANCE AND ARBITRATION PROCEDURE

7.01 a) A grievance under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application, or administration of this agreement, including any questions as to whether the matter is arbitrable and an allegation that this agreement has been violated.

b) Any complaint ansmg between the employees and the Employer shall be considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the procedure outlined below.

7.02 Complaint

Any employee having a complaint shall first take the matter up with her supervisor within ten (10) calendar days of the actual occmTence leading to that question or complaint. The supervisor shall give a decision within seventy-two (72) hours of such discussion. If the supervisor's decision is not satisfactory to the employee, the employee may refer the complaint to the Union.

Step 1

The Union Representative will then submit the grievance in writing to the Administrator, or designate, within five (5) calendar days of the response. The Administrator shall respond to the grievance in writing to the Union within five (5) calendar days of receipt.

Step 2

If the response is not satisfactory to the Union Representative, the parties shall atrnnge a meeting within five (5) calendar days of receipt of the Employer's response to discuss the grievance. The meeting shall be attended by the Union Representative and representatives of the Employer. The Employer's response shall be in writing within five (5) calendar days of the meeting. If the Union Representative is not

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satisfied with the response it may refer the grievance to arbitration as provided below within five (5) calendar days of the receipt of the Employer's response.

7 .03 The parties shall use a single arbitrator to decide unresolved grievances between them. The patiy submitting the grievance to arbitration shall advise the other pat1y in writing of three (3) choices as to arbitrator. The recipient of the notice shall reply in writing as to the acceptance of one of the proposed Arbitrators or three (3) alternative choices as to the Sole Arbitrator. If the parties can not agree to a Sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration, then either party may request the Ministry of Labour for the Province of Ontario to appoint a Sole Arbitrator.

7.04 The cost of the arbitrator shall be shared equally by the Employer and the Union.

7.05 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement, not to substitute any new provisions in lieu thereof, nor give any decision inconsistent with the tetms and provisions of this Agreement, nor deal with any matter not dealt with in this Agreement. In a case where the penalty imposed by the Employer is at issue the Arbitrator may substitute or otherwise modify such penalty.

7.06 All reasonable arrangements will be made to permit the conferring patties to have access to the facility to view any disputed operations involved in the grievance.

7 .07 Group and Policy Grievances

The grievance procedure outlined in this Article shall apply equally to a grievance lodged by a group of employees, or to a policy grievance. Such grievances shall be filed in writing at Step 1 within ten (10) calendar days of becoming aware of the issue giving rise to the complaint.

It is understood that the Employer may file a Policy grievance with the Union under this clause.

7.08 Suspension or Discharge Grievance

A claim by an employee that she has been unjustly suspended or discharged shall be treated as a grievance if a written statement of such grievance is filed by the employee within five (5) calendar days after the employee has received notice of discharge or suspension in writing from the Employer. Such special grievance shall be taken up at Step 2 of the grievance procedure.

It is agreed that the Union Chairperson will be notified immediately upon the dismissal or suspension of any employee within the bargaining unit.

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7 .09 Time limits fixed in the grievance procedure and arbitration procedure may be extended only by mutual consent of the parties.

7 .10 Right to Have a Steward/Union Committee member present.

An employee subject to foimal disciplinmy action which is to be recorded in the employee's personnel file shall have a Steward/Union Committee member present at the time such discipline is given.

7.11 Records of f01mal disciplinmy action (written waming, disciplinary suspensions) will, except as noted below, be removed from an employee's personnel file once twelve (12) months have elapsed since the date of the last formal disciplinary action on the file.

Fomial disciplinary action, in this context, is any disciplinary action which in writing and given to the employee.

Such records will not be removed where the disciplinary action arises from an interaction with residents or family members, until thi1ty-six (36) months have elapsed since the date of the last formal disciplinary action on file.

7 .12 At any stage of the grievance procedure, including arbitration, the patties may have the assistance of the employee or employees concemed as witnesses and any other necessary witnesses. All reasonable anangements will be made to pe1mit the conferring patties or the arbitrator(s) to have access to any part of the Home to view any working conditions which may be relevant to the settlement of the grievance.

ARTICLE 8 - NO DISCRIMINATION I HARASSMENT

8.01 No Discrimination

The Employer and the Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced with respect to any Employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, lay-off, recall, discipline, classification, discharge, or otherwise by reason of age, race, creed, colour, national origin, political or religious affiliation, sex, marital status, place of residence, nor by reason of her membership or non-membership or activity in the Union, or in the exercise of her rights under this Agreement.

8.02 The Employer and Union agree that there will be no discrimination, interference, restraint, harassment or coercion exercised or practiced by either of them or by any of their representatives, with respect to any employee by reason of age, disability, sexual orientation, or any other factor not pertinent to the employment relationship, save and except those limitations as set out in the Legislation of the Province of Ontario.

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8.03 Where the term 'spouse' or 'pminer' as used in this Agreement shall mean a person to whom an employee is married, or with whom the employee is living in a conjugal relationship of at least one year in duration, including a person of the same or opposite sex.

8.04 The Employer and the Union are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity, consistent with our values. Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination and harassment.

8.05 Where a bargaining unit member complains of harassment, she shall bring such complaint to the attention of the Employer and of the Union. The Employer will then initiate and complete an investigation of the complaint and rep01i the findings back to the complainant who shall be accompanied by the Union Representative. Should the complainant not be satisfied with the Employer's response she is entitled to file ·a grievance under the terms of this Collective Agreement.

The parties agree that an employee may have a representative of the Union with them throughout the process.

It is the responsibility of the Employer to advise the employee of their right to union representation.

8.06 The pmiies agree to abide by the Ontario Human Rights Code.

8.07 The Employer and the Union each agree not to interfere with, restrain, coerce or discriminate against employees with respect to union membership or pmiicipation in lawful union activities.

ARTICLE 9 - PROBATIONARY PERIOD

9.01 a) All newly hired full-time employees must successfully complete a probationary period of three (3) months from date of hire and any newly hired part-time employees must complete a probationary period of five (5) months from date of hire or three hundred and seventy-five (375) hours worked, whichever comes first.

b) The discharge of a probationary employee shall not be the subject of a grievance or arbitration, provided it is done in good faith and non-arbitrary fashion.

ARTICLE 10 - SENIORITY

10.01 Upon the completion of her probationary period each new employee's name shall be added to the seniority list and the employee shall be credited with seniority for the probationary period.

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10.02 (a)

(b)

Part-time seniority is defined as length of service with the Employer in the bargaining unit expressed in hours paid by the Employer. Full-time seniority is defined by the date of hire, except as modified elsewhere in the collective agreement. A new Employee shall be placed on the seniority list at the end of the probationary period and his/her respective seniority shall be dated back to the most recent date of hire.

For the purposes of establishing seniority, 1800 hours paid equals one (1) year of seniority if an Employee transfers from paii-time to full-time or vice-versa as the case may be.

10.03 It shall be the duty of the Employees to notify the Employer promptly of any change in their address. If an Employee should fail to do this, the Employer will not be responsible for failure of any notice to reach the Employee concerned.

10.04 Seniority lists shall be posted in January and July of each year. A copy of such lists shall be forwarded to the Union. The list supplied to the Union shall include with the present information, the address, social insurance number and classification of the Employee.

10.05 Layoff and Recall

(a) In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six ( 6) weeks notice. This notice is not in addition to required notice for individual Employees.

(b) In the event of a layoff of a pennanent 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:

Years of Service Greater than 9 years Greater than 10 years Greater than 11 years Greater than 12 years

( c) Lay off Procedure

Notice 9weeks 10 weeks 11 weeks 12 weeks

In the event of layoff, the Employer shall layoff Employees in the reverse order of their seniority within their classification, provided that there remains on the job Employees who have the ability and qualifications as required by law to perfonn the work.

( d) An Employee who is subject to layoff shall have the right to either:

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(i) accept the layoff; or

(ii) displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to lay-off is qualified, as required by the employer, for and can petform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off.

Note: An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service cotTesponding to that of the laid off Employee's straight time hourly wage rate.

In the event that there are no Employees with lesser seniority in lower or identical paying classification as defined in this article, a laid off Employee will have the right to displace an Employee with lesser seniority who is the least senior Employee in a classification provided he is qualified for and can perfotm the duties without training other than orientation. Such Employee so displaced shall be laid off.

The decision of the Employee to choose (i) or (ii) above shall be given in writing to the Administrator within one calendar week following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.

( e) Recall Rights (i) An Employee shall have oppot1unity of recall from a layoff to an available

opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law, as agreed between the parties, of an Employee to perform the work for the purpose of the paragraph above, the Employer shall not act in an arbitrary manner.

(ii) An Employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the layoff should it become vacant within six ( 6) months of being recalled.

(iii) No new Employees shall be hired until all those laid off have been given an oppot1unity to return to work and have failed to do so, in accordance

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with the loss of seniority provision, or have been found unable to perform the work available.

(iv) 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 on the second date of mailing) and return to work within ten (10) 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.

(v) Employees on layoff or notice of layoff 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 layoff. This provision supersedes the job posting provision. If such recall is accepted, the said employee shall return to work within three (3) working days.

(vi) A laid off employee shall retain the rights of recall for a period of thirty­six (36) months.

Note:

For purposes oflayoff and recall, full-time and part-time seniority will be deemed to be merged. It is understood and agreed that if a pait-time Employee bumps a full-time Employee as part of the above-noted procedure, the pait-time Employee is accepting the full-time position only.

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

For. t~ese purposes, one (1) year full-time seniority = 1800 pait-time semonty.

10.06 Full-Time/Pait-Time Ratio So long as a full-time position exists there will be no splitting of that position into two or more part-time positions without the agreement of the Union, such agreement not to be unreasonably withheld.

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10.07 An employee shall lose all seniority and service and her employment shall be deemed to be te1minated if she:

(a) voluntarily resigns, retires, or is discharged for just cause and such discharge is not reversed through the grievance or arbitration procedure; or

(b) is absent from work for three (3) consecutive days or more for which she is scheduled to work without notifying the Employer of such absence and/or without providing a reason satisfactory to the Employer for such absence; or

( c) is absent from work for more than thirty-six (36) months by reason of lay­off, illness, or injury; or

( d) engages in gainful employment on a leave of absence or otherwise utilizes a leave of absence, including sick leave, for purposes other than those for which the leave was granted; or

( e) fails to return to work upon termination of an authorized leave of absence without permission or without a reason satisfacto1y to the Employer; or

(f) fails upon being notified of a recall to signify her intention to return in writing within three (3) working days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report for work within 10 working days after she has received the notice of recall. The parties agree that where an employee is not able to return to work within the ten (10) working day time-frame due to illness or disability which has been verified by a medical practitioner, the employee will not be terminated but will be placed back on the recall list.

(g) A casual employee who fails to maintain current contact information and the Employer is unable to reach them by normal means for a period of two (2) pay periods or does not respond to a call-in for a period of two (2) pay periods provided the Employer has called a minimum of three (3) times or fails to accept and work at least one (1) shift every two (2) months provided they have been called a minimum of three (3) times. Extenuating circumstances may apply with the approval of the Manager.

10.08 The Employer will continue, as if an Employee were at work, benefits as herein provided, relating to sick leave, vacations, and health and welfare programs, while an Employee on sick leave, until accumulated sick leave credits have been paid in full.

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10.09 Effect of Absence:

Seniority, service and benefits shall be affected by leaves of absence in accordance with the following:

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

(b) During an unpaid absence exceeding thirty (30) calendar days other than an absence under the maternity/adoption provisions, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere shall be suspended for the period that exceeds thhiy (30) days; the benefits concerned appropriately reduced on a pro rata basis, and the Employee's service and seniority will be adjusted accordingly. In addition, the Employee will become responsible for full payment of subsidized Employee benefits in which she is participating for, the period of absence. An Employee on maternity/adoption leave continues to be responsible for full payment of subsidized Employee benefits in which she is patiicipating for the period of the approved leave. During such leave exceeding thiliy (30) calendar days, previous accumulated service will be preserved.

(c) It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the period of absence that exceeds thirty (30) days. Notwithstanding this provision, seniority shall accrue during maternity/adoption leave or for a period of one (1) yeat'.

( d) Where an Employee is laid off for not more than thi1iy (30) continuous days, such layoff shall be treated for purposes of this section as an unpaid leave of absence and full coverage for all Employee benefit plans will continue for the period not exceeding thhiy (30) days.

Job Posting

10.10 In the event new jobs are created or vaca11cies occur in existing job classifications (unless the Employer notifies the Union in writing that it intends to postpone or not fill a vacancy), the Employer will post the original new jobs or vacancies for a period often (10) calendar days and shall stipulate the qualifications, rate and department concerned before new Employees are hired in order to allow Employees with seniority to apply. All subsequent postings will be for a period of five (5) calendar days. In the event an Employee should apply for the position, the provisions of A1iicle 10.12 shall apply.

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The Employer will endeavour to complete the job posting process and post the name of the successful applicant within two (2) weeks after the job coming down. The Employer will discuss with the unsuccessful applicants the manner in which the Employee may improve her position and her work in order to be considered for any future vacancy. The Employer will endeavour to have the successful applicant assume his/her new position within two full pay periods.

Employees are prohibited from posting into a new position until they have completed six (6) months in the new position, except in situations where the new position is in a higher rated classification or where the employee changes status (part-time to full-time). -

Nothing herein shall prevent the Employer from temporarily filling any position or vacancy during the processing of the posting.

Employees transfetTed through the job posting procedure will be paid in the following manner:

(a) If the job is a higher-rated classification, the Employee will receive her cun-ent rate or the stati rate for the new position, whichever is the greater. She shall then progress tlu·ough the rates of the classification as provided in Schedule "A" in accordance with her length of service in the classification.

(b) If the job is a lower-rated classification, the Employee shall receive her cmTent rate or the top rate for the new position, whichever is the lesser.

10.11 In cases where two or more qualified employees apply, the Employer shall consider the qualifications, experience, skill and ability of the applicants. Where these factors are relatively equal amongst the applicants, seniority shall govern.

10.12 The successful applicant shall be placed on trial in the new position for a period thirty (30) calendar days commencing when they stati the new position. Such trial promotion or transfer shall become petmanent after the trial period unless:

(i) the employee feels that she is not suitable for the position, and wishes to return to her fotmer position; or

(ii) the Employer feels that the employee is not suitable for the position, and requires that she return to her fotmer position.

It is understood and agreed that once the trial period has expired, the Employer no longer has the right to return an employee to her former position and the employee no longer has the right to return to her former position.

In the event of (i) or (ii) above, employees who wish to return to their fotmer position during a trial period, or where the employer detennines that it intends to return an

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employee to their fo1mer position during the trial, the paity requesting the change shall put their request in writing.

In the event of either (i) or (ii) above, the employee will return to her fo1mer position and salaiy without loss of seniority, any other employee promoted or transferred as a result of the rearrangement of positions shall also be returned to her fo1mer position and salaiy without loss of seniority.

In the event of (i) or (ii) above, the employer will select the next candidate based on the original applicants in accordance with Article 10.11.

It is understood however, that no employee shall be transferred to a position outside the bargaining unit without her consent.

10.13 Where vacancies are posted, the Employer shall consider applicants in accordance with the provisions of Aiticle 10.11 prior to consideration of persons not employed by the Employer.

10.14 Temporary Vacancies

a) Temporary full-time vacancies that are reasonably anticipated to be of eight (8) weeks duration or less will not be posted. The Employer may fill such temporary vacancies as it deems appropriate.

b) Temporary full-time vacancies that are reasonably anticipated to exceed eight (8) weeks duration will be posted in accordance with Aiticle 10.11. In cases where two or more employees apply, the selection criteria set out in Aiticle 10.12 will govern.

c) In the event that a pait-time employee fills a full-time tempora1y vacancy, the pati­time employee shall retain her pait-time status during the temporary full-time vacancy period.

d) An employee filling a temporary vacancy shall not bid on any other temporary posting until the end of his/her temporary position.

e) The Employer will outline to any employee selected to fill a temporary vacancy the anticipated conditions and duration of such vacancy. Upon the return of the employee on leave from her absence, she shall have the right to return to her fo1mer position. In instances where an employee returns to work prior to estimated date of return the Employer shall not be liable for payments to the resulting displaced employee(s).

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ARTICLE 11 - LEAVES OF ABSENCE

11.01 Personal Leave

The Administrator may grant a leave of absence without pay for personal reasons, provided that she receives at least one month's notice in writing (unless in an emergency where such notice is impossible, in which case the greatest notice possible will be given) and provided that such a leave may be arranged without undue inconvenience to the normal operations of the Employer. Applicants when applying must indicate the date of departure and specify the date of return.

It is understood that personal leaves of absence will not be granted during the period of December 20th to January 51

\ unless there is a verifiable emergency. The Employer will also consider requests for leave during the period in special circumstances, such requests will be granted at the sole discretion of the Employer.

It is expressly understood no benefit shall accrue to or be paid to any employee on leave of absence. An employee who has received permission to be absent will continue to accumulate seniority during her absence.

Employees on a personal leave will have the opp01iunity to continue on the employee benefits plans for a maximum of 11 months provided the employee pays 100% of the total premium for such benefits. Employee will be subject to carrier restrictions upon retmn.

11.02 (a) The Employer shall grant leaves of absence for up to three (3) Union members to attend Union conventions, seminars, education classes or other Union business. The Union agrees that such leave will not unduly affect the proper operations of the Nursing Home.

In requesting such leave of absence, the Union will endeavour to provide fourteen (14) calendar days clear notice to the Employer to be confomed by the Union in writing.

Employees on such leave of absence will be paid by the Employer who will be reimbursed by the Union for the amount paid to the employees ..

(b) While on unpaid union leave of up to thirty (30) days, employees will be maintained on normal pay and benefits (including Pension), and the Union shall fully reimburse the Employer for wages, statutory benefits (ie. EHT, UIC, CPP and WSIB), Pension, Health and Welfare and Weekly Indemnity premiums (if applicable).

11.03 Jmy and Witness Duty

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If an employee is required to serve as a juror in any coutt of law, or is required to attend as a witness in a comt proceeding in which the Crown is a patty, or is required by subpoena to attend a comt oflaw or coroner's inquest in connection with a case arising from the employee's duties at the Nursing Home, the employee shall not lose regular pay because of such attendance, provided that the employee:

(a) notifies the Nursing Home immediately on the employee's notification that he will be required to attend at comt;

(b) presents proof of service requiring the employee's attendance and officia\ receipt of compensation received.

11.04 Bereavement Leave

(a) Upon the death of an employee's spouse, child, or step-child, the employee shall be granted a leave up to a maximum of five (5) consecutive calendar days without loss of pay, ending with the day of the funeral. In the event of a delayed internment or a delayed memorial service, an employee may save one of the days identified above without loss of earnings to attend the internment or memorial service.

b) Upon the death of an employee's mother, father, step-parents, mother-in­law, father-in-law, brother, sister, brother-in-law, sister-in-law, legal guardian, grandparent, grandchildren, son-in-law or daughter-in-law the employee shall be granted a leave up to a maximum of three (3) consecutive calendar days without loss of pay, ending with the day of the funeral.

c) In the event of a delayed internment or a delayed memorial service, an employee may save one of the days identified above without loss of earnings to attend the internment or memorial service.

d) The employer at its sole discretion may grant additional unpaid leave.

e) An employee shall be granted one (1) day bereavement leave without loss of pay to attend the funeral of his/her aunt or uncle.

f) It is understood that if an employee is on vacation and attends the funeral for circumstances listed above, that the vacation days will be rescheduled at the end of the bereavement or added to vacation credits.

11. 05 Pregnancy and Parental Leave

Pregnancy and parental leaves will be granted in accordance with the Employment Standm·ds Act of Ontario unless otherwise amended.

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(a) Pregnancy Leave

(i) An Employee who is pregnant shall be entitled, upon application, to pregnancy leave and parental leave immediately thereafter. Pregnancy leave shall be granted for 17 weeks or longer, and may begin no earlier than 17 weeks before the expected bhth date.

The Employee shall give the Employer two (2) weeks notice, in writing, of the day upon which she intends to commence her leave of absence, unless impossible, and furnish the Employer with a certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur.

(ii) The Employee must have sta1ted employment with her Employer at least thi1teen (13) weeks prior to the expected date of birth.

(iii) The Employee shall give at least four ( 4) weeks notice of her intention to return to work. The Employee may, with the consent of the Employer, shorten the duration of the leave of absence requested under this Article upon giving the Employer four (4) weeks notice of her intention to do so, and furnishing the Employer with a ce1tificate of a legally qualified medical practitioner stating that she is able to resume her work.

Additional leave of absence may be taken under Section (b ), Parental Leave.

(iv) An Employee who does not apply for leave of absence under Article (ii) (a), and who is otherwise entitled to pregnancy leave, shall be entitled to and shall be granted leave of absence in accordance with Atticle (ii) (a) upon providing the Employer, before the expiry of two (2) weeks after she ceased to work, with a certificate of a legally qualified medical practitioner stating that she was not able to perfotm the duties of her employment because of a medical condition arising from her pregnancy, and giving the estimated day upon which, in his opinion, delivery will occur or the actual date of her delivery.

(v) During the period of leave, the Employer shall continue to pay the Employer's portion of hospital, medical, dental, group life, pension and other benefits included and prescribed by the Employment Standards Act provided the Employee continues to pay their po1tion of the premiums.

(vi) An Employee who intends to resume her employment on the expiration of the leave of absence granted to her under this mticle shall so advise the Employer when she requests the leave of absence. If a full time

20

Employee returns to work at the expiry of the leave, and the normal petmanent position still exists, the Employee will be returned to her fotmer job, fotmer shift, if designated.

All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions.

(vii) When the Employer has suspended or discontinued operations during the leave of absence and has not resumed operations upon the expiry thereof, the Employer shall upon resumption of operations, reinstate the Employee to her employment or to alternate work in accordance with the established seniority system of Article 10.

(viii) Such absence is not an illness under the interpretation of this agreement, and credits on the accumulated sick leave plan cannot be used.

(ix) Credits for service for the purpose of salary increments, vacations, or any other benefit included and prescribed under the Employment Standards Act shall continue and seniority shall accumulate during the leave.

(x) Upon expiry of seventeen (17) weeks pregnancy leave, an Employee may immediately commence parental leave, as provided under Section (b) of this article. The Employee shall give the Employer at least four ( 4) weeks notice, in writing, that she intends to take parental leave.

(b) Parental Leave

(i) An employee who becomes a parent, and who has been employed for at least thitteen (13) weeks immediately preceding the date of the bitth of child or the date the child first came into care or custody of the employee, shall be entitled to parental leave.

(ii) A "parent" includes: the natural mother or father of the child; a person with whom a child is placed for adoption and a person who is in a relationship with the parent of the child and who intends to treat the child as his or her own.

(iii) Parental leave must begin no later than fifty-two (52) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time. For employees on pregnancy leave, parental leave will begin immediately after pregnancy leave expires. Parental leave shall be granted for up to thirty-five (35) weeks in duration if the employee also took pregnancy leave and thirty-seven (3 7) weeks in duration if she did not.

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(iv) The employee shall give the Employer two (2) weeks written notice of the date the leave is to begin.

An employee may end her parental leave as set out in paragraph (iii) above (or earlier) by giving the employer written notice at least four ( 4) weeks before the last day of the leave.

(v) The provisions under (a)(i), and (iv) through (a)(ix) also apply.

11.06 Where Employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer will pay the full costs associated with the courses. If required by the Employer, an Employee shall be entitled to leave of absence with pay and without loss of seniority and benefits to write examinations to upgrade her employment qualifications.

The administrator may grant a request for additional unpaid leave of absence to upgrade employment qualifications, provided that she receives a least one month's notice in writing unless impossible and provided that such leave may be arranged without undue inconvenience to the normal operations of the nursing home. Applicants, when applying, must indicate the date of depmiure and specific date of return.

ARTICLE 12 - HOURS OF WORK AND OVERTIME

12.01 The following is intended to define the normal hours of work for full-time Employees but shall not be interpreted as a guarantee of hours per day or per week or days of work per week.

12.02 The normal daily hours of work for a full-time employee shall be seven and one­half (7 Yz) hours, exclusive of a thhiy minute unpaid meal period. The normal bi­weekly hours of work for a full-time employee shall be seventy-five (75) hours, exclusive of unpaid meal periods. The bi-weekly period shall be the same as the two (2) week pay period.

12.03 (a) Employees shall receive a one-half (1/2) hour unpaid lunch or meal period on shifts greater than 5 hours in length.

(b) Employees shall receive a paid fifteen (15) minute rest period during shifts greater than 4 hours in length.

(c) Employees shall receive a paid fifteen (15) minute rest period during each half of a full shift.

12.04 Overtime shall be considered voluntary provided that if sufficient qualified

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employees do not volunteer to enable the employer to maintain the scheduled service, the Employer may require employees in reverse order of seniority to work ove1iime, in emergencies. The Union consents to the working of overtime in such circumstances.

12.05 Overtime shall be paid for all hours worked over seven and one-half (7-1/2) hours in a shift, exclusive of the unpaid meal period, or seventy-five (75) hours bi-weekly, exclusive of unpaid meal periods. Overtime shall be paid at the rate oftime and one­half (1-1/2) the employee's straight time hourly rate of pay. All overtime must be authorized by the Department Head or designate.

12.06

12.07

12.08

12.09

12.10

Employees who work ove1iime will not be required to take time off in regular hours to make up for ove1iime worked.

Employees may request to exchange days off or shifts of work with another employee in their own classification and must submit their request in writing to their Department Head, co-signed by the employee who is willing to exchange her days off or shifts of work. Employees will put their request in writing on the applicable fonns at least forty-eight ( 48) hours in advance not including weekends and holidays. Such exchanges will be subject to the discretion of the Department Head or designate. It is understood that such a trade initiated by the employee and approved by the Employer shall not result in ove1iime rates of pay or any claims of non-compliance with any scheduling provision of this Agreement.

Overtime shall be based upon the employees' regular rate of pay and there shall not be any duplicating or pyramiding of overtime under this agreement.

Employees shall rep01i for work in their work attire. An Employee shall obtain permission from her supervisor before leaving work prior to the n01mal quitting time.

An Employee who reports for work at her assigned starting time and who works less than four ( 4) hours on any day because the Employer has no work available shall be paid at least four ( 4) hours straight time but this clause does not apply when the Employer is unable to provide work for the Employee because of fire, lightning, power failure, storms or like causes of work stoppage beyond the control of the Employer. The Employer shall not incur any obligations under this clause where the Employee has failed to keep the Employer informed of her current address and telephone number.

Errors on Paychegues

In the event of an error on an employee's pay, the conection will be made in the pay period following the date on which the overpayment comes to the Employer's attention. If the employer e1rnr results in an employee being underpaid by one (1) day's pay or

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more, the Employer will provide payment for the shortfall within three (3) business days from the date it is notified of the error.

If the Employer makes an overpayment of a day's pay or less for an employee, the overpayment will be deducted on the pay period following the date that the error is discovered. If the error is in excess of a normal day's pay, the Employer will be reimbursed based on a mutually satisfactmy arrangement between the employee and the Employer.

12.11 During the changeover from Daylight Savings Time to Eastern Standard Time, or vice versa, an employee shall be paid straight time for the exact hours that they work.

12.12 (a) Work schedules covering a four (4) week period will be posted two weeks in advance. Employee requests for specific days off must be submitted to the Department Head one (1) week in advance of posting.

(b) In the case where the employees schedule is changed with less than 48 hours notice, it is the employer's responsibility to notify the employee. Failure to give notice shall result in Atticle 12.09 being applied.

12.13 Full-time employees and part-time employees who have posted into or were hired into a permanent line will be scheduled prior to other part-time employees.

12.14 All other available shifts at the time of posting the schedule will be distributed to patt-time employees subject to the employee's availability in order of seniority on a rotational basis.

12.15 Call-in Procedure

It is understood shifts may become available after posting the schedule. The shifts shall be filled by patt-time employees subject to the employee's availability, in order of seniority, if no one from the part-time list has accepted the shift, the shift will then be offered to casuals, in order of seniority and on a rotational basis.

The Employer shall maintain a list of part time and casual Employees to be available for call-in. Employees on the call-in list shall be called in order of seniority beginning just after the employee who last accepted a shift, until staff sho1tage is filled. This list shall be posted and revised accordingly at the beginning of each posted schedule.

Each call will be indicated on the pat1 time call-in sheet as to "worked", "no answer", "refused".

If a call-in is answered by an answering machine, the Employer shall leave a message that a call-in is available and for what shift, before hanging up. The Employer will continue its efforts to fill the staff shmtage, but if the Employee responds ready to work prior to the call-in vacancy being filled, she shall be

24

permitted to take the call in.

The Employer shall bypass an Employee on the list who would be eligible for overtime premium if called in to work.

Upon request, a copy of the call-in list shall be provided to the Union Chairperson following the completion of each schedule for reference purposes when there is a dispute regarding missed call-ins.

Part time staff have regularly scheduled shifts. Their first commitment is to those shifts.

It is the responsibility of each employee to at all times, keep the employer informed of their correct telephone number. When the employer is calling in employees, they will only call one telephone number that was provided and identified as the employee's preference.

12.16 Where the call-in is requested within one-half hour of the starting time of her shift and the Employee commences work within one hour of the call, then the Employee will be paid as if the entire shift has been worked, provided she completes the shift for which she was called in.

12.17 If the Employee reports for work within one (1) hour of the request for call-in, the Employer will guarantee a minimum of four (4) hours work, unless agreed to otherwise by the employee prior to accepting the call-in.

12.18 (a) All ove1iime must be authorized by the Depatiment Head or designate.

(b) Where the employer determines that ove11ime is required, it shall be first offered to full time, then part time and casual by seniority.

12.19 All ove1iime declined by an Employee shall count as ove1iime worked for the purpose of equal ove11ime distribution.

12.20 Pait time employees shall not be scheduled to work any more than six ( 6) consecutive days in a row. Employees, who of their own accord exchange shifts with other employees and work more than 6 shifts in a row shall not be in violation of this agreement. Ove1iime will not be applicable as a result of employees exchanging or trading shifts.

ARTICLE 13 - VA CATIONS

13.01 Employees who have less than one (1) year of service with the Employer as of

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December 31st of the current year shall be eutitled to receive an amount of their annual gross earnings as set forth under the Ontario Employment Standards Act.

13.02 Employees who have completed one (1) year with the Employer as of December 31st of the current year, shall be entitled to two (2) weeks vacation and four percent (4%) of their gross earnings forthe vacation year.

13.03 (a) Employees who have completed four (4) years of service with the Employer as of December 31st in the cmTent year shall be entitled to three (3) weeks vacation and six percent ( 6%) of their gross earnings for the vacation year.

(b) Employees who have completed eight (8) years of service with the Employer as of December 31st in the current year shall be entitled to four (4) weeks vacation and eight percent (8%) of their gross earnings for the vacation year.

( c) Employees who have completed fifteen (15) years of service with the Employer as of December 31st in the cmTent year shall be entitled to five (5) weeks vacation and ten percent (10%) of their gross earnings for the vacation year.

13.04 Where an Employee's scheduled vacation is interrupted due to a serious illness requiring the Employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave, provided the Employee provides a satisfactory documentation of the illness and the hospitalization.

The poliion of the Employee's vacation, which is deemed to be sick leave under the above provision, will not be counted against the Employee's vacation credits.

13.05 The time of vacations shall be arranged between the Employees and their respective supervisors, and the choice of vacation times shall be in accordance with seniority and the efficient operation of the Home.

13.06 For the purposes of vacation entitlement, seven consecutive calendar days equals one vacation week. Single vacation day increments may be taken upon mutual agreement of the patiies.

13.07 Vacations are not cumulative from year to year and may not be taken in conjunction with vacation accrued in any other vacation year.

Vacations must be taken within twelve calendar months following the December 31st cut off date.

13.08 Scheduling

(a) A vacation request sheet will be posted by February 1st of each year and will be removed on March 1st for vacation requests during the period from May 13th to

26

November 15th of each year. Vacation schedules/approval lists will be posted by April 1st. Each employee employed in the department should indicate prior to March 1st their preference for that vacation.

(b) Requests submitted after the periods in (a) above will be granted on a first com first serve basis, in the event of conflict, seniority shall be the deciding factor.

( c) Requests for vacation will be considered based on seniority and the operational requirements of the Home. Where a conflict arises Seniority can only be exercised once in a calendar year.

(d) The vacation schedule shall be confirmed by April 15th. Any remaining time shall thereafter be granted on a first (1st) come first (1st) served basis. All other vacation requests shall be submitted two (2) weeks prior to the posting of the schedule in which the time off is requested and such requests if granted will be granted in order of date of request.

( e) Prior to leaving on vacation, employees shall be notified of the date and time on which to rep01i for work following the vacation.

13.09 Vacation pay will be paid to full-time employees during the period in which they take their vacation. Vacation pay for pati-time employees will be paid out on a bi-weekly basis.

ARTICLE 14 - PAID HOLIDAYS

14.01 The Employer shall recognize the following as paid holidays: New Year's Day Labour Day Good Friday Thanksgiving Day Victoria Day Boxing Day Canada Day (July 1st) Christmas Day Civic Holiday(! st Monday in Aug.) Family Day

Effective Janua1y 1, 2011 all full-time and pmi-time employees will receive an additional Float Day for a total of eleven days.

14.02 Holiday Pay Qualifiers and Calculation

Holiday pay entitlement and payment for employees will be based on the fonnula as set out in the Employment Standards Act as at October 1, 2002.

14.03 Work on a Holiday

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14.04

(a) If a full-time employee is assigned to work on a designated holiday listed in 14.01 above and works on the holiday, she shall be paid at the rate of one and one-half (1-1/2) times her straight time hourly rate for each hour worked.

In addition, if the full-time employee qualifies for holiday pay in accordance with Article 14.02, the employee shall, at her option, be granted:

i) holiday pay to be calculated in accordance with 14.02 above; or

ii) a lieu day off with pay calculated in accordance with 14.02 above, to be taken within ninety (90) days following the holiday on a day mutually satisfactory to the employee and the Depaiiment Head.

The employee would advise the employer of their election of either (i) or (ii) above two weeks prior to the holiday. Where the employee fails to so advise the Employer she will be deemed to have accepted the option of payment of holiday pay under (i) and she will be paid out holiday pay if she so qualifies.

(b) If a pati-time employee is assigned to work on a designated holiday listed in 14.01 above and works on the holiday, she shall be paid at the rate of one and one-half (1 Y,) times her straight time hourly rate of pay for each hour worked.

(a)

In addition, if the part-time employee qualifies for holiday pay in accordance with Article 14. 02, she shall be paid holiday pay calculated in accordance with Atiicle 14.02 above.

Holiday on Vacation or Scheduled Day Off

If a paid holiday falls during a full-time employee's vacation, or on an employee's scheduled day off and the employee has qualified for holiday pay in accordance with Atiicle 14.02 above, she shall at her option be granted:

i) holiday pay to be calculated in accordance with 14.02 above; or

ii) a lieu day off with pay calculated in accordance with Article 14.02 above, to be taken within ninety (90) days following the holiday on a day mutually satisfactory to the employee and the Employer.

The employee would advise the employer of their election of either (i) or (ii) above two weeks prior to the holiday. Where the employee fails to so advise the Employer she will be deemed to

28

have accepted the option of payment of holiday pay under (i) and she will be paid out holiday pay if she so qualifies.

(b) If a paid holiday falls during a part-time employee's vacation or on a part­time employee's scheduled day off and the part-time employee has qualified for holiday pay in accordance with 14.02 above, the employee shall be paid holiday pay calculated in accordance with 14. 02.

14.05 Determination of Holiday Shifts

For purposes of administration of this article, where there is an overlap of hours into the calendar holiday, only that shift on which the majority of hours fall within the calendar holiday shall qualify for premium hours. Premium payment shall be for all hours worked on that shift.

14.06 There shall be no pyramiding of premium pay, overtime pay, sick leave and paid holiday leave.

14.07 All employees shall receive either Christmas or New Year's off, on a rotating basis. Christmas one year and New Year's the next. In the event that there are more employees available to work on either holiday than is required, then on a rotational basis, by rotating seniority, employees will be given the option of having both days off.

In the event of a conflict as to which holiday an employee is scheduled to work, the deciding factor shall be which holiday the employee was originally scheduled in the previous year.

The employer shall endeavor to schedule two (2) consecutive days off at Christmas or New Year's.

ARTICLE 15 - SICK LEA VE

15.01 Pay for sick leave is for the sole and only purpose of protecting Employees against loss of income when they are legitimately ill and will be granted to Employees on the following basis providing sick leave credits are available:

(a) A sick leave bank will accrue for full-time employees based on 7.5 hours for each 162.5 hours worked by the employee to a maximum of90 hours.

A sick leave bank will accrue for part-time employees based on 7.5 hours for each 162.5 hours worked by the employee to a maximum of 24 hours. Part-time employees will be restricted to using a maximum of 16 hours sick leave in any one calendar year.

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(b) Sick leave shall be paid based on scheduled time lost.

(c) The right to sick pay shall cease upon notice of termination of employment.

(d) An Employee absenting himself on account of personal illness shall, subject to A1iicle 15.02, receive sick pay benefits equal to the Employee's no1mal wage for each day of personal illness that she was scheduled to work, to the extent of her accumulated sick leave credits. It is understood and agreed that compensation under the Workers Safety & Insurance Board Act shall not be charged against the accumulated sick leave.

15.02 If the Employer requires a sick leave ce1iificate and the employee's doctor charges the employee for such certificate outside OHIP, the Employer will pay for the ce1iificate; or in the alternative, the Employer may require an employee to attend an independent physician other than the employee's own physician to provide a sick leave certificate. In such circumstances the Employer shall pay for any medical fees charged beyond OHIP in relation thereto.

15.03 An employee who is unable to report for work because of sickness or other reasonable cause shall notify her immediate supervisor at least three (3) hours before the start of her shift when she is working the evening or night shift and one (1) hour before the start of her shift when she is working the day shift so that proper measures can be taken for replacement.

Employees shall notify the Employer of their intention to return to work after illness at least eight (8) hours prior to the stmi of the shift on which they plan to return. Where the employee provides appropriate notice of return to work and the Employer has already arranged for coverage by a "replacement employee(s)", the Employer will cancel the shift(s) of the replacement employee(s) and will not be responsible for any payment to the replacement employee( s) for such cancelled shifts.

ARTICLE 16 - HEALTH & WELFARE BENEFIT

16.01 The Employer agrees to contribute its p01iion of the billed premium costs of the health and welfare plans as provided for in Article 16.02 - 16.04 below for coverage of eligible employees, provided that the minimum emolment requirements of the insurers are met and subject to the following te1ms:

(a) "Eligible employees" refer to employees who are in the active employ of the Employer and have completed 3 months of employment and who satisfy the eligibility emolment requirements of the insurer

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(b) Eligible full time employees must participate in the benefit plans under Article 16 (16.02 - 16.04) unless proof of spousal coverage is presented for Major Medical and Dental.

16.02 Life Insurance and AD&D

The Employer will continue a $15,000 life insurance and AD&D plan for each employee who pmiicipates in the benefit program. The Employer will pay one hundred percent (100%) of the cost of this plan.

16.03 Major Medical

The Employer will continue an Extended Health $10-$25 deductible plan. The Employer agrees to pay seventy-five percent (75%) of the billed single/family rate, whichever is applicable, for employees who pmiicipate in the plan.

The drug plan requires generic substitution for drugs covered by the plan unless othetwise prescribed by the employee's doctor. The Employer will introduce a drug card with an 80% co-insurance on prescriptions drugs.

The plan includes a dispensing fee cap of $3.00. The plan does not include semi­private insurance.

Vision plan of $200/24 months, effective 2nd month after the date of ratification increase to $160/24 months.

16.04 Dental Plan

The Employer will continue a Dental $10-$25 deductible, 80% co-insurance plan. The Employer agrees to pay seventy-five percent (75%) of the billed single/family rate, whichever is applicable, for employees who pa1iicipate in the plan.

There is an annual $1500 per insured individual per year maximum. A 2 year lag on the ODA fee guide.

16.05 E.l. Premium Reduction

The employees' share of the Employer's Employment Insurance premium reduction will be retained by the Employer towards offsetting the cost of the benefits contained in this Agreement.

16.06 Carriers

The Employer shall provide to each person and the Union a copy of the current infotmation booklets for those benefits provided under this Article. It is clearly

31

understood that the Employer's obligation pursuant to this collective agreement is to pay its share of the billed premiums for the plans. The Employer will notify the Union if it intends to change the insurance catTier provided the benefit levels remain the same.

16.07 RRSP

There shall be a group RRSP with matching Employer/Employee contributions of2%.

This plan is available to part time and full time employees after the completion of one year of employment. Participation in this plan is optional.

Employees who participate, are required to match the employer's contribution for all straight time hours worked. This includes the straight time component of holiday pay and vacation pay.

RRSP contributions will not be paid on any other premiums, allowances or payments.

ARTICLE 17 - PRO-RATION

17.01 The Employer's share of the benefit premiums for all of the health and welfare benefits under Articles 16 and 21, including shared cost arrangements, shall prorate in accordance with this Atticle.

The calculation of proration percentage shall be detennined by dividing the hours paid in the previous predetermined six month period by 97 5 and then multiplying by 100.

17.02 The predetermined six (6) month period shall coincide with the pay period ending around June 30th and December 31st and the recalculated proration percentage where applicable shall apply in August for the pay period ending around June 30th and Feb1uary for the pay period ending around December 31st.

Hours paid in calculating proration foimula will include WSIB.

When an employee is on:

(a) pregnancy leave

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(b) parental leave

( c) approved leave of absence in excess of 30 continuous calendar days

proration upon return, shall be based on % in effect prior to commencement of leave.

Employees who regularly work more than 66 hours bi-weekly shall have 100% of the employer p01iion of insured benefit premiums paid.

17.03 New Hires

All newly-hired employees will be eligible to join the benefit plans and the calendar time waiting period will apply equally to all.

The prorata percentage for new hires will be based on the schedule of work for which these employees are hired. This percentage will be revised, if necessmy, once the employee has worked a full predetermined six (6) month period.

The only exception to this calculation will be an employee who successfully bids or othe1wise obtains a seventy-five (75) hour bi-weekly position. In this instance an employee who qualifies will immediately receive entitlement of one hundred percent (100%) of the Employer's paid share of premiums and benefits, and holiday pay.

ARTICLE 18 - JOB CLASSIFICATIONS & WAGE RATES

18.01 Attached hereto and forming part of this Agreement is Schedule 'A' relating to Job Classification and minimum and maximum rates of pay for all employees, subject to the provisions of this Agreement, effective staiiing on the dates indicated.

18.02 Job descriptions for all classifications to be supplied.

18.03 a) When a new classification (which is covered by the terms ofthis agreement) is established by the home, the home shall dete1mine the rate of pay for such new classification and notify the local union of the same within seven (7) days. If the local union challenges the rate, it shall have the right to request a meeting with the home to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Home of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Home. If the pmiies are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the

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Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classification in the bargaining unit having regard to the requirements of such classification.

b) When the Home makes a substantial change during the te1m of the Agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Home agrees to meet with the Union if requested to pe1mit the Union to make representation with respect to the appropriate rate of pay.

c) If the matter is not resolved following the meeting with the Union the matter may be refe1Ted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications.

d) The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Home.

ARTICLE 19 - ALLOWANCES

19.01

19.02

19.03

When an Employee works a double shift, the Employer will supply a free meal.

The Employer shall pay a unifmm allowance of 7.2 cents per hour. The hourly uniform allowance shall be accrued and paid out every six months, for the previous six months, on the first full pay in January and July of each year.

Weekend Premium

The Employer will pay a weekend premium of fifteen cents (15¢) per hour for all hours worked commencing on or about 2300 hours Friday, and the end of the shift ending on or about 2300 hours Sunday.

ARTICLE 20 - UNION-MANAGEMENT MEETINGS

20.01

20.02

The Administrator or designate and the Union Committee shall meet to discuss and, if possible, provide understanding of points of mutual interest between the Nursing Home and the Union. Such meeting shall be held at times as may be agreed to by the paities.

Labour-Management Committee

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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 shall apply:

(a) 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 two (2) weeks 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 grievance or matters that are properly the subject of negotiations for the amendment or renewal of the collective agreement.

(b) A representative attending such meeting shall be paid for lost wages from regularly scheduled hours. A HOPE/UBCJA Representative may attend as a representative of the Union. Meetings will be held quaiierly unless otherwise agreed.

ARTICLE 21- HEALTH AND SAFETY

21.01 The parties agree that they mutually desire to maintain standards of safety and health in the facility in order to prevent injury and illness.

21.02 A Joint Health and Safety Committee shall be constituted with representation of at least half by employees from various bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions, which shall identify potential dangers, recommend means of improving the health and safety programs and obtaining information from the Employer or other persons respecting the identification of hazards and standards elsewhere. The committee shall normally meet at least once a month. Scheduled time spent in such meetings is to be considered time worked. Minutes shall be taken of all meetings and copies shall be sent to the Employer and to the Union.

21.03 Two (2) representatives of the Joint Health and Safety Committee, one (1) from management and one (I) from the employees on a rotating basis designated by the employees, shall make monthly inspections of the work place and equipment and shall repo1i to the Health and Safety Committee the results of their inspection. In the event of a critical accident or injury (as defined in the OH&S), such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury. In addition, such representatives will be notified of all other accidents or injuries. Fmihermore, such representatives must be notified of the inspection of the government inspector and shall have the right to accompany her on her inspections. Scheduled time

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spent in all such activities shall be considered as time worked. At no time will Company appointees outnumber Union members on the said Committee.

21.04 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety & Insurance Board (WSIB) relating to the number of work accidents, fatalities, the number oflost workday cases, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupational injuries, and such other data as the Workplace Safety & Insurance Board may decide to disclose.

21.05 The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices.

21.06 Residents Having Serious Infectious Diseases The Employer will use its best efforts to make all affected direct care employees aware of residents who have serious infectious diseases to the extent possible within the framework of applicable federal and provincial privacy legislation. The Employer will advise of the proper procedures and proper precautions necessary to deal with such residents' conditions. The direct care workers are obligated to maintain confidentiality in respect of this inf01mation. Employees who are not direct care employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all employees will be aware of the requirement to practice universal precautions in all circumstances.

21.07 Two (2) co-chairpersons shall be elected by and from the members of the committee. One co-chair shall be a union member, and the other shall be an Employer member. The non-management members of the committee will elect the Union co-chair.

21.08 Each year on April 28 at 11 :00 a.m. one minute of silence may be observed in memory of workers killed or injured on the job. The Union and Employer agree resident safety shall not be affected.

21.09 The Employer recognizes the safety concerns of all staff and shall provide all employees whose work requires them to wear protective equipment with the necessary equipment and protective clothing. This committee may make recommendations on such equipment (e.g. gloves, long sleeved gowns, masks, goggles). These shall be maintained and replaced by the Employer, where necessary, at the Employer's expense. Where the committee recommends the wearing of such protective clothing and equipment employees are obligated to comply with such recommendation(s).

21.10 The parties agree that if incidents involving aggressive clients action occur, such action will be recorded and reviewed at the Occupational Health and Safety Committee. Reasonable steps within the control of the Employer will follow to address the legitimate health and safety concerns in that forum. The parties fu1iher agree that

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suitable subjects at the Joint Labour Management Committee will include aggressive residents.

21.11 Lockout and Machine Guarding The Employer shall ensure that all equipment is locked out and guarded. The JHSC shall develop a lockout and test procedure and machinery guarding program. All employees who may be at risk will receive training specific to their job.

21.12 Injured Workers Provisions An employee who is injured during working hours and who is required to leave the facility for treatment or is sent home as a result of an injury shall receive payment for the rest of the shift at his/her regular rate of pay. Such employee shall be provided with transportation to her doctor's office or the hospital and to his/her home as indicated.

ARTICLE 22- WORKERS' SAFETY & INSURANCE BOARD

22.01 Where an employee is absent due to illness or inju1y which is compensable by Workers' Safety & Insurance Board, the following shall apply:

(a) The employee will not be eligible for paid holidays, sick leave, unifonn allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by Workers' Safety & Insurance Board.

(b) Provided that the employee returns to work, , time spent on Workers Safety & Insurance Board shall be considered as time worked for the purpose of calculating the current year's vacation entitlement under the te1ms of the Agreement.

22.02 In the case of an absence due to a compensable accident, the employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident.

22.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is eight (8) weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (A1ticle 10.15) of this Agreement. Where the anticipated absence is less than eight (8) weeks, the Employer may fill the position at his discretion.

22.04 The injured employee shall have a period of three (3) years from the date of the injmy within which she shall preserve the seniority which she has accrned in accordance with Aiticle 10.03 and within which she shall have the right to return to work upon the recommendation of the Workers Safety & Insurance Board or the attending physician, which shall indicate to the Employer that the employee has the physical capability to perform her normal job.

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22.05

22.06

If an employee returns to work following the commencement of a WSIB claim, and the employee's former permanent position still exists, the employee will be returned to her fo1mer job, fo1mer shift if designated, classification and rate of pay. Where such position no longer exists, the employee will be returned to a similar position. All employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. f

If, on the recommendation of the Workers Safety & Insurance Board or the attending physician, the employee is capable only of perfo1ming work of a different kind or of a lighter nature, and such work is available within the Nursing Home in a classification that is covered by this Agreement, then the returning employee may exercise her seniority if he/she has the qualifications, experience, and ability by bumping into the job at the applicable salary level, displacing the employee with the least seniority in the classification.

Workers Safety & Insurance Board Challenge

In the event that the Employer challenges a Workers Safety & Insurance Board claim, an employee, who is absent from work as a result of illness or injury sustained at work and who has been awaiting approval of a claim for Workers Safety & Insurance Board or a period longer than one (1) complete pay period, may apply to the Employer for payment equivalent to the lesser of the benefit she would receive from Workers Safety & Insurance Board if their claim was approved, or the benefit to which she would be entitled under the sick leave plan, Aiticle 15. Payment under this Ai·ticle will only be provided if the employee provides evidence of disability satisfactory to the Employer and a written undeitaking satisfactory to the employer that any payments will be refunded to the Employer following final determination of the claim by the' Workers Safety & Insurance Board. If the claim for the Workers Safety & Insurance Board is not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the sick leave plan, Aiticle 15.

ARTICLE 23 - COPIES OF AGREEMENT

23.01 It is agreed that the Employer and the Union will share equally in any cost of the printing of the collective agreement. It is agreed that the Employer will prepare the Collective Agreement for signing. The Employer will provide the Union with a copy of the disk upon completion and the union will arrange for the copies of the contract to be printed.

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ARTICLE 24 - GENERAL

24.01

24.02

24.03

24.04

Both the Employer and the Union recognize the joint responsibility and commitment to provide for and participate in, in-service education. Available programs will be publicized.

When an employee is required by the Employer to attend meetings, in-service and other work related functions outside her regularly scheduled working hours, and the employee does attend same, she shall be paid for all time spent on such attendance at her regular straight time hourly rate of pay and such time shall not be counted towards the calculation of overtime, or at the employee's option, she shall receive equivalent time off, at a time mutually agreed upon.

The Employer shall upon entry into any service agreement with the Ministry of Health in respect of residents cared for by members of this bargaining unit provide to the Union copies of any documents and materials which it is required to post in the Home pursuant to the Nursing Homes Act.

A bulletin board shall be available to the Union for the posting of Union notices. There will be a bulletin board on each side of the home.

ARTICLE 25 - RENEW AL, AMENDMENT AND TERMINATION

25.01

25.02

This agreement shall remain in effect until October 9, 2015 and shall continue automatically thereafter during annual periods of one (1) year each, unless either pmiy notifies the other in writing within ninety (90) days prior to October 9, 2015 that it desires to amend or terminate this agreement.

In the event of such notification being given to amend the agreement, negotiations between the pmiies shall begin within fifteen (15) days following such notification.

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25.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this agreement is not reached on or before October 9, 2015, this agreement shall be automatically extended until a new agreement is reached or proceedings prescribed under the Labour Relations Act of Ontario and the Hospital Labour Disputes Arbitration Act of Ontario, as they may be amended from time to time are completed, whichever should first occur.

{)

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SCHEDULE "A"

Long Term Care

Oct. 9, Oct. 9, July 9, Effective Date 2013 2014 2015

Personal Sunnort Worker Start 17.85 18.12 18.30 Post Probation 18.28 18.55 18.74 Year 1 18.60 18.88 19.07 Year2 19.11 19.40 19.59

Environmental Service Worker Start 16.97 17.23 17.23 Post Probation 17.34 17.60 17.60 Year1 17.65 17.92 17.92 Year2 18.15 18.42 18.42

Food Service Worker Start 16.97 17.23 17.23 Post Probation 17.34 17.60 17.60 Year 1 17.65 17.92 17.92 Year2 18.15 18.42 18.42

Cook Start 18.60 18.88 18.88 Post Probation 19.03 19.32 19.32 Year 1 19.22 19.51 19.51 Year2 19.76 20.06 20.06

For the purpose of part-time employees, 1year=1800 hours.

NOTE: A 1 % lump sum payment is to be made on the basis of all hours paid for the period between October 9, 2013 to October 8, 2014.

Effective October 9, 2014 1.5% wage increase across the board increase.

Effective July 9, 2015 PSW wage adjustment at 1 %.

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LETTER OF UNDERSTANDING

DISCIPLINARY ACTION - VIOLENCE AGAINST WOMEN

The Employer and the Union note the rising incidence of violence or abuse, notably violence against women, and how this may affect the employee's attendance or perfonnance at work.

The Employer agrees that where there is verification from recognized professionals (doctor, lawyer, professional counselor, etc.) provided to the Employer, an employee who is subject to abuse or violence will not be disciplined without first giving full consideration to the circumstances surrounding the incident. Such information will be treated in a confidential manner by the Employer and the Union unless required by law to be produced.

This statement of intent is subject to a standard of good faith on the pali of the Employer, the Union and the affected employees and will not be utilized by the Union or the employees to subve1t the application of otherwise appropriate disciplinaiy measures.

For the Union

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LETTER OF UNDERSTANDING

The Employer agrees that it will not "contract in" during the life of the Collective Agreement. The Employer further agrees that it will not contract out any position held by laid off employees until all such employees have been given an opp01tunity to return to work and have failed to do so, in accordance with the loss of seniority provision.

For t~-Gompa / ... ·.-~

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For the Union

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LETTER OF UNDERSTANDING

ABUSE AND/OR THREATENING BEHAVIOUR

The parties agree that abuse and/or threatening behaviour is not tolerated. Staff are to be given dignity and respect. There will be no backlash or retaliation for the lodging of a complaint or participation in an investigation made in good faith. Abuse or threatening behaviour shall include, but not be limited to the following: physical abuse, psychological abuse, emotional abuse, and sexual abuse.

It is agreed that when the employee is faced with the above mentioned abuse it may be necessary for that employee to leave the threatening situation and notify his/her immediate supervisor who will assess the situation and give futiher direction. It is agreed that no employee will be obligated to work with the resident one-on-one until a satisfactory resolution between the patiies has been reached. In the event that a resident continues with the harassment following the above procedure, the patiies will meet to discuss the opportunity for the employee to transfer to a different work area or be assigned a different resident.

The multi-disciplinary team, which may include the employee that was involved in the incident, will do a full assessment of the situation. In the event that the resident knowingly and willingly continues the abusive behaviour, it will be documented and the Employer will suggest the resident shall be refetTed to an appropriate facility.

For the Union

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LETTER OF UNDERSTANDING

UTILIZATION OF STUDENTS

The parties agree to the utilization of students. The parties agree that students will only be used to fill in for time the Employer cannot schedule to permanent employees. Further, it is agreed that students would be hired to cover the vacations from May ]st until Labour Day. Students will not take hours of work away from the permanent employees.

All call ins will be offered to permanent staff as per the normal call in procedure and if no one accepts the shift it will be offered to the students. The students shall be treated in accordance with the terms and conditions of the collective agreement, with the exception that they shall be terminated at the end of their tour and not subject to layoff and recall provisions or to the grievance provisions regarding unjust termination.

The parties agree that students may also be used during the Christmas and Spring Break (in March) under the same conditions as above. The vacation pay will be paid out at the end of the term of their employment.

The Union agrees to the Employer paying students the "probationary rate" in the classification which they are hired to perform.

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