COLLECTIVE AGREEMENT

BETWEEN

STERIPRO CANADA LP

(hereinafter called the "The Company"}

and

National Organized Workers Union

(hereinafter called the "Union"}

FULL-TIME & PART-TIME EMPLOYEES' BARGAINING UNIT

EFFECTIVE: November 1, 2018 EXPIRY: October 31, 2021

INDEX

ARTICLE 1 - PURPOSE ........................................................................................................... 1 ARTICLE 2- SCOPE AND RECOGNITION ............................................................................. 1 ARTICLE 3 - MANAGEMENT RIGHTS .................................................................................... 1 ARTICLE 4- DEFINITIONS ...................................................................................................... 2 ARTICLE 5- UNION SECURITY .............................................................................................. 3 ARTICLE 6- NO STRIKE/LOCKOUT ....................................................................................... 5 ARTICLE 7- UNION REPRESENTATION AND COMMITTEES .............................................. 6 ARTICLE 8- GRIEVANCE AND ARBITRATION ...................................................................... 8 ARTICLE 9- SENIORITY ....................................................................................................... 11 ARTICLE 10- JOB SECURITY .............................................................................................. 14 ARTICLE 11 -JOB POSTING ................................................................................................ 20 ARTICLE 12- NO CONTRACTING OUT ............................................................................... 21 ARTICLE 13- WORK OF THE BARGAINING UNIT .............................................................. 22 ARTICLE 14- TECHNOLOGICAL CHANGE ......................................................................... 22 ARTICLE 15- LEAVES OF ABSENCE .................................................................................. 23 ARTICLE 16- HOURS OF WORK ......................................................................................... 32 ARTICLE 17- PREMIUM PAYMENT ..................................................................................... 34 ARTICLE 18- ALLOWANCES ............................................................................................... 38 ARTICLE 19- HEALTH AND SAFETY ................................................................................... 39 ARTICLE 20- PAID HOLIDAYS ............................................................................................. 41 ARTICLE 21 -VACATIONS .................................................................................................... 43 ARTICLE 22- HEALTH AND INSURED BENEFITS .............................................................. 46 ARTICLE 23- INJURY AND DISABILITY ............................................................................... 48 ARTICLE 24- SICK LEAVE ................................................................................................... 48 ARTICLE 25- COMPENSATION ........................................................................................... 50 ARTICLE 26- RELATIONSHIP .............................................................................................. 52 ARTICLE 27- CERTIFICATION ............................................................................................. 52 ARTICLE 28- DURATION ...................................................................................................... 52 ARTICLE 29 - MISCELLANEOUS ITEMS .............................................................................. 53 LOU-1 LETTER OF UNDERSTANDING FOR PART TIME SCHEDULING .......................... 54§ LOU-2 (NEW) LETTER OF UNDERSTANDING FOR INTEREST ARBITRATION ................. 57 WORKLOAD REVIEW FORM ................................................................................................. 59 LOU-3 LETTER OF INTENT RE: INNOVATIVE/FLEXIBLE SCHEDULING ............................ 60 LOU-4 LETTER OF INTENT RE: LIABILITY INSURANCE ..................................................... 61 LOU-5 LETTER OF UNDERSTANDING RE: VOLUNTARY PART-TIME BENEFITS ............ 62 LOU-6 LETTER OF UNDERSTANDING RE: BUSINESS PROCESS .................................... 63 LOU-7 LETTER OF UNDERSTANDING RE: STEP DOWN LANGUAGE FOR FULL-TIME EMPLOYEES MOVING TO PART TIME 65 WAGE GRID- INSTRUMENT TECHNICIAN ......................................................................... 66

ARTICLE 1 - PURPOSE

1.01 The purpose of the Agreement is to establish mutually satisfactory relations between SteriPro Canada LP (hereinafter 'the Company') and the employees concerned, and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all the employees who are subject to the provisions of this Agreement so that there will not be any interference with the operation of the services rendered by Company.

1.02 ThE? parties agree that this collective agreement is the conclusive agreement between the parties. Any matter that has not been specifically dealt with in this collective agreement shall not be the subject of a grievance or negotiations prior to the expiration of this collective agreement unless the parties mutually agree.

1.03 Unless stated otherwise, it is understood the appendices to this Collective Agreement will form an integral part of the Collective Agreement. In the case of conflict between the appendices and the main body of the Collective Agreement, the provisions of the Collective Agreement shall prevail.

1.04 It is understood that employees and the Union wish to work together with SteriPro to provide the best possible service and health protection to patients and to achieve its objective as an efficient and successful service institution.

ARTICLE 2 -SCOPE AND RECOGNITION

2.01 (a) This Agreement applies to all employees referred to in the recognition clause hereto, and more particular set out in the schedule of job classifications and wage rates hereinafter provided.

(b) The Union is hereby established as the sole collective bargaining agency for all employees of SteriPro Canada LP ("SteriPro") in the City of Toronto located at Humber River Hospital and all employees of SteriPro performing work on behalf of Humber River Regional Hospital at SteriPro's facility located at 6580 Northwest Drive in the City of Mississauga, save and except students, technical personnel, business analysts, office, clerical and administrative personnel, cleaning staff, logistics coordinators, drivers, client liaison staff, sales staff, supervisors, persons above the rank of supervisor, and persons covered by any collective agreement with another union to which SteriPro must become a party pursuant to the contracting out provisions contained in a collective agreement between such union and another client hospital of SteriPro.

ARTICLE 3 - MANAGEMENT RIGHTS

The Union acknowledges that it is the exclusive function of the Company to:

(a) maintain order, discipline and efficiency;

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(b) hire, discharge, direct, classify, transfer, promote, demote, layoff, and suspend or otherwise discipline employees for cause provided that a claim of discriminatory classification, promotion, demotion or transfer or a claim by an employee who has completed her probationary period that she has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the provisions of the grievance procedure;

(c) establish and enforce rules and regulations to be observed by employees, provided that they are not inconsistent with the provisions of this agreement;

(d) generally to manage and operate the Company in all respects in accordance with its obligations and without restricting the generality of the foregoing, to determine the kinds and locations of machines, equipment to be used, the allocation and number of employees required from time to time, the standards of performance for all employees and all other matters concerning the Company's operations, not otherwise specifically dealt with elsewhere in this agreement.

(e) Any issues and concerns union have in regards to management rights can be addressed through provisions of Article 8.

ARTICLE 4- DEFINITIONS

4.01 Full-time Employees

(a) A full-time employee is defined as an employee who works 37.5 hours per week, or 75 hours over two weeks.

Part-time Employees

(b) A part-time employee is defined as an employee who is normally scheduled to work no more than 24 hours in a week.

4.02 Unless indicated otherwise, for the purpose of this collective agreement, 'an employee' is to mean both full-time and part-time employees.

4.03 Temporary Employees

a) Temporary employees may be hired for a specified term, not to exceed eighteen (18) months, to replace an employee on leave or to perform, a special nonrecurring task. The period of employment of such persons will not exceed the absentee's leave. The release or discharge of such persons shall not be the subject of a grievance or arbitration.

b) This clause would not preclude such employees from using the job posting provision under the Collective Agreement and any successful applicant who has completed his probation period will be credited with the appropriate seniority.

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c) The Company will outline to employees selected to fill such temporary vacancies and the Union, the circumstances giving rise to the vacancy, and the special conditions relating to such employment.

d) Temporary employees may be full-time or part-time.

e) Temporary employees will be members of the NOWU Full-time and Part-time Bargaining Unit.

f) Current permanent or temporary part-time employees interested in such temporary full-time work may record such interest in writing with the Company. Consideration shall be given to such requests prior to hiring new employees.

g) Vacation

Temporary employees shall receive their vacation pay on each pay cheque as accrued.

h) Eligibility to Benefits

Temporary employees are not eligible to participate in benefit plans but shall receive a payment-in-lieu of benefits.

i) Temporary employees shall not accrue seniority. However, where a temporary employee obtains permanent full-time status or part-time status and has completed the probationary period, the employee shall be credited with the appropriate seniority. Where two or more temporary employees apply for a permanent position, all things being equal, the date of hire will be the determining factor.

4.04 "Full Days" shall mean full calendar days exclusive of Saturdays, Sundays and Paid Holidays.·

4.05 Wherever the term "employee" or employees" is used in this Agreement, it shall be deemed to include males and females. Similarly, when the masculine pronoun is substituted for the term "employee" or "employees" it shall be deemed to refer to females as well as males.

4.06 "Days" for the purposes of labour management committees grievances and arbitrations are defined as calendar days, exclusive of Saturday, Sunday and Holidays, unless indicated otherwise.

ARTICLE 5 - UNION SECURITY

5.01 Union Dues

SteriPro agrees to comply with all dues and assessment deductions as directed by the Secretary Treasurer of NOWU Canada.

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The following refers to employees represented by NOWU Canada covered by this collective agreement.

(a) All employees who are in the employ of SteriPro at the signing date of this Agreement and all new employees who enter the employ of SteriPro after the Agreement has been signed shall as a condition of employment, be subject to regular monthly dues to be deducted from their wages and remitted to the Union. It is understood that dues shall be deducted from all employees beginning in the first month of hire.

(b) All employees hired into the employ of SteriPro subsequent to the signing of this Agreement shall be subject to a one time initiation fee.

(c) Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before the 151h of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dies of the month following with the reason why the dues were missed. SteriPro will provide such monthly dues to the Union in an electronic format on a template provided by the Union.

(d) SteriPro shall, when remitting such dues, name the employees, their work site (if the bargaining unit covers more than one (1) site) and the employee's social insurance number, highlighting new hires, resignations, terminations, new unpaid leave of absence of greater than one (1) month and returns from leaves of absence. SteriPro will provide such information in an electronic format on a template provided by the Union.

(e) Union dues are not deducted from SUB plan payments and SteriPro has no responsibility for Union dues while an employee is off on pregnancy and I or parental leave.

(f) SteriPro will provide each employee with a T4 slip showing the annual union dues and assessments paid by that employee for the year previous.

(g) The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify SteriPro of any changes therein and such notification shall be SteriPro's conclusive authority to make the deductions specified.

(h) In consideration of the deducting of union dues by SteriPro, the Union agrees to indemnity and save harmless SteriPro against any claims or liabilities arising or resulting from the operation of this Article.

5.02 Union Orientation

A new employee will have the opportunity to meet with the representative of the union in the employ of the Company for a period of up to 15 minutes during the employee's orientation period without loss of regular earnings. The purpose of the meeting would be to acquaint the employee with such representative of the union and the collective agreement, such meetings may be arranged collectively or individually for employees by the Company as part of the orientation program.

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The Company shall advise the Union on a monthly basis of:

• the names of the new hires for Orientation • the time and location within the workplace for the Orientation

The Company may, if it so desires, have a representative present at any such interview.

5.03 Employees Lists

The Company agrees to provide the Union with employee updated contact information on an annual basis and will endeavour to provide the information in an electronic format on a template provided by the Union, unless agreed otherwise. The Union agrees to keep the Company harmless from any claims against it by an employee which arise out of any deduction or information provided under this Article.

5.04 No Discrimination

SteriPro and the Union agree that there will be no intimidation, discrimination, interference, or coercion exercised or practiced by either party or their representatives or members because of an employee's membership in the Union or because of his or her activity or lack of activity in the Union.

This agreement shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code and all other applicable legislation.

ARTICLE 6 - NO STRIKE/LOCKOUT

6.01 The Company agrees that during the terms of this agreement there will be no lockout.

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

6.03 The terms "strike" and "lock-out" shall bear the meaning given them in the Ontario Labour Relations Act.

6.04 The parties agree that the work being performed by the employees in this bargaining unit is essential to the hospitals (and their patients) served by those employees. Therefore, in consideration of the impact on the public should a strike or lockout occur, the provisions of Sections 4 through 11, inclusive, of the Hospital Labour Disputes Arbitration Act ("HLDAA") will apply, with necessary modification. This shall mean that employees who are covered by this collective agreement shall not strike and shall not be locked out. Furthermore, where the parties cannot agree on the terms of a new a collective agreement, the dispute is to be resolved by binding arbitration in accordance

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with the said sections of HLDAA which shall apply fully, subject only to necessary modification to enable them to be applicable to these circumstances.

ARTICLE 7- UNION REPRESENTATION AND COMMITTEES

7.01 Grievance Committee

(a) The Company will recognize a Grievance Committee composed of not more than 3 employees selected by the Union who have completed their probationary period.

A general representative of the Union may be present at any meeting of the Committee. The purpose of the Committee is to deal with complaints or grievances as set out in this Collective Agreement. The employer will be notified of the names of members of grievance committee no less than 3 days before the meeting.

Not more than three (3) representatives of the Union shall meet with management at any one time.

(b) The Union shall keep the Company notified in writing of the names of the members of the Grievance Committee appointed or selected under this Article as well as the effective date of their respective appointments.

(c) A Committee member shall suffer no loss of earnings for time spent during their regular scheduled working hours in attending grievance meetings with the Company up to, but not including arbitration.

7.02 Union Stewards

(a) The Company agrees to recognize Union stewards to be elected or appointed from amongst employees in the bargaining unit who have completed their probationary period for the purpose of dealing with Union business as provided under this Collective Agreement.

The number of stewards shall not exceed two (2) plus an alternate for a maximum number of three (3).

(b) A Chief Steward may be appointed or elected. The Chief Steward may, in the absence of any steward, assist in the presentation of any grievance, or with any steward function.

(c) The Union shall keep the Company notified in writing of the names of Union stewards appointed or selected under this Article as well as the effective date of their respective appointments.

(d) It is agreed that Union stewards have their regular duties and responsibilities to perform for the Company and shall not leave their regular duties without first obtaining permission from their immediate supervisor. If, in the performance of his duties, a Union steward is required to enter an area within the Company in

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which he is not originally employed, he shall report his presence to the supervisor in the area immediately upon entering it. Such permission shall not be unreasonably withheld. When resuming his regular duties and responsibilities, such steward shall again report to his immediate supervisor. A Union steward shall suffer no loss of earnings for time spent in performing the above duties during his regular scheduled working hours.

(e) The name of the union steward(s) will be posted in a frequently visible location in the workplace.

If the properly classified steward for an employee is unavailable, the employee for the purposes set out in the grievance procedure, may request of his immediate supervisor that another Steward be permitted to assist the employee with his grievance. Where a Chief Steward has been appointed, the employee may request of his immediate supervisor that the Chief Steward be permitted to assist the employee with the grievance.

(f) Where authorized, representatives of the Union shall be permitted to enter the premises of the Company at reasonable times for the purposes of conducting Union business. Notice shall be given to the Manager, Human Resources or his designate. Entry shall not be refused unreasonably. The Union shall provide as much notice as possible.

(g) Union Representative(s) is defined as the staff representative(s) of bargaining agent as assigned by the President or designate(s).

7.03 Negotiating Committee

(a) The Company agrees to recognize a Negotiating Committee comprising of no more than 3 members to be elected, or appointed from amongst employees in the bargaining unit, who have completed their probationary period.

(b) The purpose of the Negotiating Committee shall be to negotiate a renewal of this Collective Agreement.

(c) The Company agrees that the members of the Negotiating Committee shall suffer no loss of earnings for time spent during their regular scheduled working hours in attending such negotiating meetings with the Company up to, but not including, arbitration.

(d) Nothing in this provision is intended to preclude the Union negotiating committee from having the assistance of any representatives of the Union when negotiating with Jhe Company.

7.04 Labour-Management Committee

Where the parties mutually agree that 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.

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An equal number, but no greater than three (3) representatives of each party as mutually agreed, shall meet at a time and place mutually satisfactory. A request for a meeting hereunder will be made in writing 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 negotiations for the amendment or renewal of this agreement.

Any representative(s) attending such meetings shall be deemed to be at work for which the representative(s) shall be paid by the Company at his or her regular or premium rate as may be applicable.

It is agreed that the topic of the utilization of full-time and part-time staff is an appropriate topic for the Labour-Management Committee. The committee shall have access to work schedules and job postings upon request.

7.05 Discipline

(a) At the time formal discipline is imposed, an employee shall have the presence of his/her steward. In the case of suspension or discharge, the Company shall notify the employee of his right in advance.

(b) Where the Company deems it necessary to suspend or discharge an employee, the Company shall notify the Union of such suspension or discharge in writing, within three (3) days

ARTICLE 8 -GRIEVANCE AND ARBITRATION

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

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

8.03 At any stage of the grievance procedure, an employee shall have the right to the presence of his/her steward.

8.04 Early Resolution

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

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

8.05 Individual/ Employee Grievance

Step 1

Step 2

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

The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union steward. The supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Company may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:

Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Manager, Human Resources (or their designate).

A meeting will then be held between the Manager, Human Resources (or their designate) and the designated union representatives who may be accompanied by the general representative of the Union or grievance committee as applicable within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties.

The decision of the Company shall be delivered in writing within ten (1 0) days following the date of such meeting.

8.06 Policy Grievance

A complaint or grievance arrsrng directly between the Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 2 within ten (1 0) days following the circumstances giving rise to the grievance.

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

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

8.07 Group Grievance

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

8.08 Discharge Grievance

If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union steward to the Company within five (5) days following the date the discharge is effective.

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

(a) confirming the Company's action in discharging the employee, or

(b) reinstating the employee with up to full seniority for time lost and up to full compensation for time lost,

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

8.09 Mediation I Arbitration

(a) Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (1 0) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned.

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

8.10 All agreements reached, under the grievance procedure, between the representatives of the Company and representatives of the Union will be final and binding upon the Company, the Union and the employee(s).

8.11 When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement and at the same time, it shall propose the name of a sole arbitrator. Within five (5) calendar days thereafter, the other party shall agree in writing or propose an alternate name(s). If there is no agreement within ten (1 0) calendar days, the Minister of Labour shall have the power to effect such appointment upon application thereto by

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the party invoking the arbitration procedure. Once appointed, the sole arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act including the power to impose a settlement and to limit evidence and submissions.

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

8.13 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.

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

8.15 The proceedings of the Arbitration will be expedited by the parties hereto and the decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned.

8.16 Each of the parties hereto will share equally the fees and expenses, if any, of the Arbitrator.

8.17 Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article.

ARTICLE 9 - SENIORITY

9.01 Probationary Period

(a) Full-time

A new full-time employee will be considered on probation until he has completed sixty five (65) days of work within any twelve (12) calendar months. Upon completion of the probationary period he shall be credited with seniority equal to sixty five (65) working days.

(b) Part-Time

A new part-time employee will be considered on probation until he has completed 487.5 hours of work within any twelve (12) calendar months. Upon completion of the probationary period he shall be credited with seniority equal to 487.5 hours of work

(c) Extension to Probationary Period

With the written consent of the Company, the probationary employee, and the Union representative or designate such probationary period may be extended. Such extension shall not be unreasonably denied. Any extension agreed to will be in writing and will specify the length of the extension. The release or discharge of

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an employee during the probationary period shall not be the subject of a grievance or arbitration.

9.02 Definition of Seniority

Notice to the Union:

The Company shall supply the Union with an up-to-date seniority list in the month of January and July of each year of this agreement. Such list is to contain names of employees, date of hire and the seniority date of each employee who has completed the probationary period.

Full-time

Full-time employees will accumulate seniority on the basis of their continuous service in the bargaining unit from the last date of hire, except as otherwise provided herein.

Part-time

Part-time employees will accumulate seniority on the basis of one (1) year's seniority for each 1725 hours worked in the bargaining unit as of the last date of hire, except as otherwise provided herein.

Notwithstanding the above, employees will be credited with the seniority held under the agreement expiring October 3P1, 2018

9.03 Seniority Lists

Separate seniority lists in order of seniority will be maintained for the full-time employees and for part-time employees on a bargaining unit wide basis.

The Company shall provide the Union electronic copies of the seniority lists.

Seniority will operate on a bargaining unit wide basis for the purpose of articles 10,11, 16 and 21 with fulltime bargaining unit employees' seniority being recognized over part time bargaining unit employees taking employees' skills and job requirements into consideration. ·

9.04 Transfer of Service and Seniority

An employee whose status is changed from full-time to part-time shall receive credit for his/her full service and seniority. An employee whose status is changed from part-time to full-time shall receive credit for seniority and service on the basis of one (1) year equals 1725 hours worked, and will be enrolled in the employee benefit plans subject to meeting any waiting period or other requirements of those plans.

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Vacation and Change of Status:

An employee whose status is changed from full-time to part-time will be paid out for their accrued vacation.

9.05 loss of Seniority

An employee shall lose all seniority and employment shall be deemed terminated if:

(a) employee resigns;

(b) employee is discharged and the discharge is not reversed through the grievance and arbitration procedure;

(c) employee is absent from scheduled work without a satisfactory reason for a period of three (3) or more , consecutive working days without notifying the Company of such absence;

(d) employee fails to return to work upon the expiration of a leave of absence for or utilizes a leave of absence for a purpose other than that for which it was granted;

(e) employee has been laid off for forty-eight (48) months;

(f) employee fails, upon being notified of a recall, to signify his or her intention to return within five (5) working days after he or she has received the notice of recall, and fails to report to work within ten (1 0) working days after he has received the notice of recall;

(g) employee retires from the Company under the provisions set out in Company policy and I or HOOPP.

Note: The clause shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code.

9.06 Effect of Absence

Unless otherwise provided in this Collective Agreement:

.01 Full-time Employees

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

(b) During an unpaid absence exceeding thirty (30) continuous calendar days, 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 of the absence in excess of thirty (30) continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly, in addition, the

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employee will become responsible for full payment of subsidized employee benefits in which he/she is participating for the period of the absence except that the Company will continue to pay its share of the premiums for up to thirty (30) months while an employee is in receipt of W.S.I.B. or LTD benefits. Such payment shall continue while an employee is on sick leave (including the Employment insurance Period) to a maximum of thirty (30) months from the time the absence commenced. Notwithstanding this provision, service shall accrue for a period of fifteen (15) weeks if an employee's absence is due to disability resulting in W.S.I.B. benefits.

If an employee fails to pay their share of premium for three consecutive months, both parties will meet to discuss and develop a payment plan.

(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. Notwithstanding this provision, seniority shall accrue for the duration of the absence if an employee's absence is due to disability resulting in W.S.I.B. benefits or LTD benefits or while an employee is on sick leave (including the Employment Insurance period) or for a period of one (1) year if an employee's unpaid absence is due to an illness

.02 Part-time Employees

(a) Part-time employees shall accrue seniority for the duration of the absence, if an employee's absence is due to a disability resulting in W.S.I.B. benefits, on the basis of what the employee's average hours of work would have been during the twenty (20) weeks preceding the absence.

(b) Part-time employees shall accrue service for a period of fifteen (15) weeks if absent due to a disability resulting in W.S.I.B. benefits, on the basis of what the employee's average regular hours of work would have been during the twenty (20) weeks preceding the absence.

ARTICLE 10 -JOB SECURITY

10.01 (a) With respect to the development of any operating or re-structuring plan which may affect the bargaining unit, the Union shall be involved in the planning process as soon as practicable and, in any event, in advance of such plans or proposals being finalized and notices of layoff being issued or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process.

(b) In addition to that, where there is the development of a plan that may affect the bargaining unit, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three (3) months, unless otherwise mutually agreed by the parties. It shall be the function of the Staff Planning Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining unit, including:

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(i) identifying and proposing possible alternatives to any action that the Company may propose taking;

(ii) identifying and seeking ways to address the retraining needs of employees;

(iii) identifying vacant positions within the Company for which surplus members of the bargaining unit might qualify, or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period.

The acquisition of employees and I or sterilization work from other health care facilities shall not be considered as grounds for establishment of a Staff Planning Committee, or triggering the terms and conditions as set forth in this Article, unless an adverse impact results, at which point the parties will meet.

Composition and Meetings

The Committee shall be comprised of equal number of representatives of the Company and from the Union. The number of representatives is to be determined locally, and shall consist of two (2) representatives from each party.

Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings shall be deemed to be work time for which the representative(s) shall be paid by the Company at his or her regular or premium rate as may be applicable. The Company shall make typing and other such clerical assistance available as required.

Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such correspondence as the Committee may direct.

Disclosure

To allow the Staff Planning Committee to carry out its mandated role under this Article, the Company will provide the Committee with pertinent financial and staffing information and with a copy of any re-organization plans which impact on the bargaining unit. Accountability

The Committee shall submit its written recommendations to General Manager of the Company. Where there is no consensus within the Committee, the individual members of the committee shall be entitled to submit their own recommendations. Any agreement between the Company and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this agreement.

It is understood that all of the above shall be completed in a timely manner.

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10.02 Notice of Lay-off

(a) Notice

In the event of a proposed layoff at the Company of a permanent or long-term nature or the elimination of a position within the bargaining unit, the Company shall:

(i) provide the Union with no less than five (5) months' written notice of the proposed layoff or elimination of position; and

(ii) provide to the affected employee(s), if any, who will be laid off with no less than five (5) months' written notice of layoff, or pay in lieu thereof.

Note: Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff.

A layoff shall not include a reassignment of an employee from her or his classification or area of assignment who would otherwise be entitled to notice of layoff provided:

(i) reassignments will occur in reverse order of seniority;

(ii) the reassignment of the employee is to an appropriate permanent job with the employer having regard to the employee's skills, abilities, qualification and training or training requirements;

(iii) the reassignment of the employee does not result in a reduction of the employee's wage rate or hours of work;

(iv) the job to which the employee is reassigned is located at the employees original work site or at a nearby site in terms of relative accessibility for the employee;

(v) the job to which the employee is reassigned is on the same or substantially similar shift or shift rotations; and

(vi) where more than one employee is to be reassigned in accordance with this provision, the reassigned employees shall be entitled to select from the available appropriate vacancies to which they are being reassigned in order of seniority provided no such selection causes or would cause a layoff or bumping.

The Company bears the onus of demonstrating that the foregoing conditions have been met in the event of a dispute. The Company shall also reasonably accommodate any reassigned employee who may experience a personal hardship arising from being reassigned in accordance with this provision.

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Any vacancy to which an employee is reassigned pursuant to paragraph (b) need not be posted.

10.03 Severance and Retirement Options

(a) (i) Where an employee resigns within thirty (30) days after receiving notice of layoff pursuant to article 10.02 (a)(ii) that his or her position will be eliminated, he or she shall be entitled to a separation allowance of two (2) weeks' salary for each year of continuous service to a maximum of sixteen (16) weeks' pay, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of three thousand ($3,000) dollars.

(ii) Where an employee resigns later than thirty (30) days after receiving notice pursuant to article 1 0.02(a)(ii) that his or her position will be eliminated, he or she shall be entitled to a separation allowance of four (4) weeks' salary, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of one thousand two hundred and fifty ($1,250) dollars.

(b) Prior to issuing notice of layoff pursuant to article 1 0.02(a)(ii) in any classification(s), the Company will offer early-retirement allowance to a sufficient number of employees eligible for early retirement under HOOPP within the classification(s) in order of seniority, to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff under article 1 0.02(a)(ii).

Within thirty (30) days from the date of notice of layoff, an employee who has received notice of layoff of a permanent or long-term nature may retire provided that the employee is eligible to retire under the terms of the Hospitals of Ontario Pension Plan. An employee who chooses this option forfeits her right to notice and will receive severance pay on the basis of two (2) weeks' pay for each year of service with the Company to a maximum of fifty-two (52) weeks on the basis of the employees normal weekly earnings.

Note: The Company may offer any employee a retirement option as provided above, in order to avoid potential layoffs in the unit.

(c) Voluntary Exit Option

If after making offers of early retirement, individual layoff notices are still required, prior to issuing those notices the Company will offer a voluntary early exit option in accordance with the following conditions:

(i) The Company will first make offers in the classifications within department(s) where layoffs would otherwise occur. If more employees than are required are interested, the Company will make its decision based on seniority.

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(ii) If insufficient employees in the department affected accept the offer, the Company will then extend the offer to employees in the same classification in other departments. If more employees than are required are interested, the Company will make its decision based on seniority.

(iii) In no case will the Company approve an employee's request under (i) and (ii) above for a voluntary early exit option, if the employees remaining are· not qualified to perform the available work.

(iv) The number of voluntary early exit options the Company approves will not exceed the number of employees in that classification who would otherwise be laid off. The last day of employment for an employee who accepts a voluntary early exit option will be at the Company's discretion and will be no earlier than thirty (30) calendar days immediately following the employee's written acceptance of the offer.

An employee who elects a voluntary early exit option shall receive, following completion of the last day of work, a separation allowance of two (2) weeks' salary for each year of service, to a maximum of fifty-two (52) weeks pay.

(d) A full-time employee who has completed one year of service and

(i) whose lay-off is permanent, or

(ii) who is laid off for twenty-six (26) weeks in any fifty-two (52) week period, and who has not elected to receive a severance payment under either (a) or (b) of this Article, shall be entitled to severance pay equal to the greater of two (2) weeks' pay, or one (1) week's pay per year of service to a maximum of twenty-six (26) weeks' pay. This entitlement shall not be in addition to any entitlement to severance pay under the Employment Standards Act, but at the same time, shall not preclude an employee from claiming any greater entitlement which that Act may at some point come to provide.

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

(e) Notwithstanding, if an employee secures other employment, the severance pay will be paid only up to commencement of new employment. In case the wages at new employment are less than last wage rate at company, company will top-up for the period provided under 1 0.03.

(f) Outsourcing, subcontracting or transferring the work back to the hospital shall not be considered a layoff or termination under this agreement.

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10.04 Layoff and Recall

(a) In the event of lay-off, the Company shall lay off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work.

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

(i) accept the lay-off; or

(ii) 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 can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off.

Note: Part-time employees cannot displace full time employees.

In the event that there are no employees with lesser seniority in lower or identical paying classifications 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 higher paying classification provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off.

(iii) The decision of the employee to choose (a) or (b) above shall be given in writing to the designated Company representative within ten (1 0) working days (excluding Saturday, Sunday and Holidays) following the notification of lay-off. Employees failing to do so will be deemed to have accepted lay-off.

(c) The Company agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure an employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided he has the ability to perform the work.

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Company shall not act in an arbitrary or unfair manner.

(e) An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six (6) months of being recalled.

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

(g) It is the sole responsibility of the employee who has been laid off to notify the Company of his intention to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to do so by

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registered mail, addressed to the last address on record with the Company (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (1 0) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Company.

(h) Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days.

(i) An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off.

U) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees.

(k) In the event that a lay-off commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced.

(I) A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the date of lay-off.

10.05 Benefits on Lay-Off (Full-time Only)

In the event of a lay-off of a full-time employee the Company shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the lay-off occurs or until the laid off employee is employed elsewhere, whichever occurs first.

ARTICLE 11 -JOB POSTING

11.01 Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Company, such vacancy shall be posted by the Company for a period of seven (7) days, excluding Saturday, Sunday and holidays. Vacancies created by the filling- of an initial permanent vacancy within the bargaining unit shall be posted for a period of five (5) consecutive days excluding Saturday, Sunday and holidays. All applications are to be made in writing within the posting period. The Company agrees that it shall post permanent vacant positions within thirty (30) calendar days of the position becoming vacant, unless the Company provides the union notice under Article 10.02 (a) of its intention to eliminate the position.

11.02 The postings referred to in Article 11.01 shall stipulate the qualifications, classification, rate of pay, worksites, department and shift and a copy shall be provided to the Steward.

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11.03 Employees shall be selected for positions under article 11.01 on the basis of her or his ability, skill set, performance and qualifications. Where these factors are relatively equal amongst employees considered, seniority shall govern providing the successful applicant, if, any, is qualified to perform available work. The name of the successful applicant will be posted on the bulletin board for a period of seven (7) calendar days and unsuccessful applicants will be notified.

11.04 Vacancy which are not expected to exceed six (6) months will not be posted and may be filled at the discretion of the Company. In filling such vacancies, consideration shall be given to part-time employees in the NOWU service bargaining unit who have recorded their interest in writing prior to considering persons not employed by the Company. In considering such part-time employees, the criteria for selection in 11.03 shall apply. Part-time employees selected to fill a vacancy under this Article will continue to maintain their part-time status and upon completion of the assignment the employee will return to his former position. The Company will notify the Union of any temporary position that has been posted.

11.05 The Company shall have the right to fill any vacancy on an interim basis until the posting procedure herein has been complied with, and arrangements have been made to assign the employee selected to fill the vacancy to the job

Vacancies shall be filled no later than eight (8) weeks after the vacancy occurs.

11.06 The successful applicant will be placed in the vacancy for a trial period not exceeding forty-five (45) working days and if the employee proves satisfactory, then he shall be considered permanently assigned to the vacancy. If the employee proves unsatisfactory during that time, or if the employee feels he is unable to perform the duties of the vacancy to which he is posted, the employee will be returned to His former position at his former salary or rate of pay, as will any other employee in the Bargaining Unit who was promoted or transferred by reason of such placing. Newly hired employees shall be terminated and such termination shall not be subject to the grievance and arbitration procedure.

11.07 Successful applicants and newly hired employees will not be permitted to apply for job postings or any subsequent vacancies for a period of six (6) months, unless otherwise mutually agreed or an opportunity arises which allows the employee to change his or her permanent status.

ARTICLE 12 - NO CONTRACTING OUT

12.01 The Company shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contracting out, a layoff of any employees other than temporary employees results from such contracting out.

12.02 Notwithstanding the foregoing, the Company may contract out work usually performed by members of the bargaining unit without such contracting-out constituting a breach of this provision if the Company provides in its commercial arrangement contracting out the work that the contractor to whom the work is contracted, and any subsequent such contractor agrees to employ the employees in the affected positions provided that such

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employees are qualified to do the work. Employees who are not qualified to do the work may be subject to lay off.

In order to ensure compliance with this provision, the Company agrees that it will withdraw the work from any contractor who has failed to meet the aforesaid terms of the contracting-out arrangement.

12.03 On request by the Union the Company will undertake to review contracted services which fall within the work of the bargaining unit. The purpose of the review will be to determine the practicality of increasing the degree to which bargaining unit employees may be utilized to deliver such services in the future. The Company further agrees that the results of their review will be submitted to the Staff Planning Committee for its consideration.

ARTICLE 13 -WORK OF THE BARGAINING UNIT

Employees not covered by the terms of this collective agreement will not perform duties normally assigned to those employees who are covered by this agreement except for the purposes of instruction, experimentation, or in emergencies when regular employees are not readily available.

ARTICLE 14- TECHNOLOGICAL CHANGE

14.01 Technological Change means the automation of equipment, or the mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery which results in the displacement of an employee from his/her regular job.

14.02 Where the Company has decided to introduce a technological change which will significantly alter the status of an employee within the bargaining unit, the Company undertakes to meet with the Union to consider the minimizing of adverse effects (if any) upon the employees concerned

14.03 Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be given a period of training, with due consideration being given to the employee's age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The Company will assume the cost of tuition and travel. There shall be no reduction in wage or salary rates during the training period of any such employee. Training shall be given during the hours of work whenever possible and may extend for up to three (3) months.

14.04 Employees with one (1) or more years of continuous service who are subject to layoff under conditions referred to above, will be given notice of impending change in employee status at the earliest reasonable time in keeping with the notice to the Union as set out above and the requirements of the applicable legislations

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ARTICLE 15- LEAVES OF ABSENCE

15.01 Bereavement Leave

Any employee who notifies the Company as soon as possible following a bereavement will be granted bereavement leave for up to four (4) consecutive working days off without loss of regular pay from regularly scheduled hours in conjunction with the death of the spouse, child (including step-child), or parent. Any employee who notifies the Company as soon as possible following a bereavement will be granted bereavement leave for three (3) consecutive working days off, without loss of regular pay for regularly scheduled hours, in conjunction with the death of a member of his immediate family. "Immediate family" means brother, sister, son-in-law, daughter-in-law, mother­in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandchild, guardian or step-parent. An employee shall be granted one (1) day bereavement leave without loss of regular pay from regularly scheduled hours for the death of his or her aunt, uncle, niece, or nephew. The Company, in its discretion, may extend such leave with or without pay. Where an employee does not qualify under the above-noted conditions, the Company may, nonetheless, grant a paid bereavement leave. For the purpose of bereavement leave, the relationships specified in the preceding clause are deemed to include a common-law spouse and a partner of the same sex.

Notwithstanding the above, individuals will be granted flexibility to distribute bereavement leave entitlement over two (2) occasions, not exceeding their entitlement above in order to accommodate religious and cultural diversity.

15.02 Education Leave

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

(b) A leave of absence, without pay, to take further education related to the employee's work with the Company may be granted upon written application by the employee to the administration of the Company. It is further understood and agreed that the Company will, whenever its operational requirements permit, endeavour to arrange the shifts of employees attending courses or seminars to permit such attendance.

(c) Where employees are required by the Company to take courses to upgrade or acquire new employment qualifications, the Company shall pay the full costs associated with the courses.

(d) Subject to operational requirements, the Company will make a reasonable effort to grant requests for an employee to take an educational leave without pay and without loss of seniority of up to twelve (12) months for training related to the employee's employment at the Company.

15.03 Jury and Witness Duty

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

(1) notifies the Company immediately on the employee's notification that he will be required to attend at court;

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

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

(b) In addition to the foregoing, where an employee is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the Company on his regularly scheduled day off, the Company will attempt to re-schedule the employee's regular day off it being understood that any rescheduling shall not result in the payment of any premium pay. Where the Company is unable to reschedule the employee and, as a result, he is required to attend on a regular day off, he shall be paid for all hours actually spent at such hearing at the rate of time and one-half his regular straight time hourly rate subject to (1), (2) and (3) above.

(c) Where the employee's attendance is required during a different shift than he is scheduled to work that day, the Company will attempt to reschedule the shift to include the time spent at such hearing. It is understood that any rescheduling shall not result in the payment of any premium pay.

(d) Where the Company is unable to reschedule the employee and, as a result, he is required to attend during other than his regularly scheduled paid hours, he shall be paid for all hours actually spent at such hearing at his straight time hourly rate subject to (1) (2) and (3) above.

15.04 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the prov1s1ons of the Employment Standards Act, except where amended in this provision. The service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks of continuous service.

(b) The employee shall give written notification at least four(4) weeks in advance of the date of commencement of such leave and the expected date of return. At such time she shall also furnish the Company with the certificate of a legally qualified medical practitioner stating the expected birth date.

(c) The employee shall reconfirm her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Company at least four(4) weeks in advance thereof.

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(d) An employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 22 of the Employment Insurance Ac!, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between ninety-three percent (93%) of her regular weekly earnings and the sum of her weekly employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two-week Employment Insurance waiting period, and receipt by the Company of the employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase or salary increment that she would be entitled to if she were not on pregnancy leave. The El weekly benefit rate is fifty five percent of the claimant's average weekly insurable earnings up to a maximum amount.

The Company will pay the employee ninety-three percent (93%) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits.

The employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

(f) Pension and Benefits

Full-time employee

The Company will continue to pay its share of the contributions of the subsidized employee benefits, including pension plan in which the employee is participating, for a period of up to seventeen (17) weeks while the employee is on pregnancy leave.

Part-time employee

The Company will continue to pay its share of the contributions of the pension plan in which the employee is participating, for a period of up to seventeen (17) weeks while the employee is on pregnancy leave.

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The Company will also continue to pay the percentage in lieu of benefits and will register these benefits as part of the Supplemental Unemployment Insurance Benefit Plan with the Canada Employment Insurance Commission.

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

15.05 Parental Leave

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

(b) An employee, who qualifies for parental leave, other than an adoptive parent, shall give written notification at least two (2) weeks in advance of the date of commencement of such leave and the expected date of return.

(c) An employee who is an adoptive parent shall advise the Company as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence, in writing, upon receipt of confirmation of the pending adoption. If, because of late receipt of confirmation of pending adoption, the employee finds it impossible to request the leave of absence in writing, the request may be made verbally, and subsequently verified in writing.

(d) An employee shall reconfirm his or her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Company at least two (2) weeks in advance thereof. An employee may want to change the date her leave was scheduled to end to an earlier date. If so, she must give the employer a new written notice at least four weeks before the new, earlier day. An employee may want to change the date her leave was scheduled to end to a later date. In this case, she must give the employer a new written notice at least four weeks before the date the leave was originally going to end.

(e) An employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 23 of the Employment Insurance Act, shall be paid a supplemental unemployment benefit. If an employee is taking 37 weeks of parental leave, that benefit will be equivalent to the difference between ninety-three percent (93%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. If an employee is taking 63 weeks of parental leave, that benefit will be equivalent to the difference between Seventy-one percent (71 %) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the one-week Employment Insurance waiting period, and receipt by SteriPro of the employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance parental benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of ten (1 0) weeks. The employer will pay 38% of regular earnings in both cases as

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supplemental unemployment benefit for maximum period of 10 weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase of salary increment that she would be entitled to if she were not on parental leave. The Company will pay the employee ninety-three percent (93%) of her normal weekly earnings during the first One week period of the leave while waiting to receive Employment Insurance Benefits.

The employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

(f) Benefits and Pensions

Full-time employee

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

Part-time employee

The Company will continue to pay its share of the contributions of the pension plan in which the employee is participating for a period of up to eighteen (18) weeks while the employee is on parental leave.

The Company will also continue to pay the percentage in lieu of benefits for a period of up to ten (1 0) weeks. The Company will register these benefits as part of the Supplemental Unemployment Insurance Benefit Plan with the Canada Employment Insurance Commission.

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

15.06 Full-Time Union Office

Upon application by the Union, in writing, the Company will give reasonable consideration to a request for leave of absence, without pay to an employee elected or appointed to full-time Union office. It is understood that no more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of one (1) calendar year (in the case of the Union

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President, two (2) calendar years) from the date of appointment unless extended for a further specific period by agreement of the parties. Seniority and service shall accumulate during such leave to the maximum provided, if any, under the provisions of the Collective agreement. It will become the responsibility of the employee for full payment of any applicable benefits in which the employee is participating during such leave of absence.

15.07 Union Leave

(a) The Company shall grant leave of absence without pay to employees to attend Union conventions, seminars, education classes or other Union business provided that such leave will not interfere with the efficient operation of the Company.

(b) In requesting such leave of absence for an employee or employees, the Union must give at least fourteen (14) days clear notice in writing to the Company. Shorter notice may be provided by mutual agreement between SteriPro and the Union.

(c) The cumulative total leave of absence, the number of employees that may be absent at any time from any one area, and the number of days of absence shall be as provided elsewhere in the current local sections of the Agreement.

(d) Leave of absence for Union business may be given with-out pay up to a cumulative total of thirty (30) days employees during the calendar year. It is agreed that no more than three (3) employees from the bargaining unit shall be absent on such leave at the same time and not more than ona(l) employee from the same area at any one time.

(e) Notwithstanding the above, it is understood that the Union may require that more than two (2) employees from each bargaining unit be absent for training purposes or special circumstances. The Company will endeavour to approve such leave based on the needs of the Department.

(f) In addition to the leave of absence set out above, members of the Union Executive Board and I or Council employed by SteriPro will be entitled to an additional cumulative leave of absence, without pay, not to exceed ten (1 0) days per contract year, subject to the conditions set out above, for the purpose of attending Executive and I or Council meetings.

(g) Where employees are on leave of absence requested by the Union, the Company will pay the regular salary to the employees and invoice the Union the employee's lost time and union will pay the invoice within 30 days of receipt of invoice.

15.08 Personal Leave

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(a) Employees needing unpaid personal leave days for appointments with medical practitioners may utilize the personal leave language, and such leave will not be unreasonably withheld.

(b) The Company may grant leave of absence without pay to a regular part time employee for valid personal reasons, provided that such a request is made in writing at least two (2) weeks in advance if possible.

(c) A regular full-time or regular part-time employee may apply for a leave of absence without pay for a period of up to one year. Such request must be made in writing at least two (2) weeks in advance of the start date of the leave. Approval of such leave shall be based on the needs of the business. Seniority shall not be accumulated for the duration of the leave. The employee shall reconfirm his intention to return to work on the date originally approved by written notification received by the Company at least two (2) weeks in advance thereof.

(d) Credits for service and seniority shall accumulate for a period of up to thirty (30) days after the personal leave began

15.09 Medical Care and Emergency Leave

An employee is entitled to a leave of absence without pay because of any of the following:

1. A personal illness, injury or medical emergency. 2. The death, illness, injury or medical emergency of an individual described in this

Article. 3. An urgent matter that concerns an individual described in this Article.

For the purposes of this Article, the individuals referred to in this Article are:

- the employee's spouse - a parent, step-parent or foster parent of the employee or the employee's spouse - a child, step-child or foster child of the employee or the employee's spouse - a grandparent, step-grandparent, grandchild or step-grandchild of the employee or

of the employee's spouse - the spouse of a child of the employee - the employee's brother or sister - a relative of the employee who is dependent on the employee for care or

assistance

An employee who wishes to take leave under this section shall advise his or her Company that he or she will be doing so. If the employee must begin the leave before advising the Company, the employee shall advise the Company of the leave as soon as possible after beginning it.

An employee is entitled to take a total of 10 days' leave under this section each year. If an employee takes any part of a day as leave under this section, the Company may deem the employee to have taken one day's leave on that day for the purposes of this

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Article. The Company may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave.

Upon the conclusion of an employee's leave under this Article, the Company shall reinstate the employee to the position the employee most recently held with the Company, if it still exists, or to a comparable position, if it does not.

Where neither the employee's position nor a comparable position exists, the lay-off provisions of this Agreement shall apply.

15.10 Compassionate Care Leave

The employee and the Company will continue to pay their respective shares of the benefits and pension premiums:

(a) Compassionate care leave will be granted to an employee for up to eight (8) weeks within a twenty-six (26) week period to provide care or support to a family member who is at risk of dying within that 26-week period in accordance with section 49.1 of the Employment Standards Act.

(b) An employee who is on compassionate care leave shall continue to accumulate seniority and service.

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

15.11 Military Leave

The parties agree that Section 50.2 of the Employment Standards Act, as amended from time to time will apply.

15.12 Family Caregiver Leave

An employee is entitled to up to eight (8) weeks' annual leave to provide care or support for the following members or his family if a doctor, nurse or psychologist issues a medical certificate stating that the family member has a serious medical condition:

o Employee's spouse; o Parent, step-parent or foster parent of the employee or the employee's

spouse; o Child, step-child or foster child of the employee or the employee's spouse; o Grandparent, step-grandparent, grandchild or step-grandchild of the

employee or the employee's spouse; o Spouse of a child of the employee; o Employee's brother or sister; o Relative of the employee who is dependent on the employee for care or

assistance; and

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o Any other individual prescribed as a "family member". The employee must advise the Company of the leave in advance in writing, and the Company is entitled to ask for a copy of the medical certificate.

15.13 Critically Ill Child Care Leave

A parent employed by the Company for at least 6 consecutive months may take a leave of up to thirty-seven (37} weeks to care for his critically ill child who is under the age of eighteen (18}. A "child" for the purposes of this leave includes a step-child, foster child or child who is under legal guardianship. A "critical illness" for the purposes of this article is defined as "a child whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury."

This leave may be taken if a doctor, nurse or psychologist provides a medical certificate that states that the child is critically ill and requires care or support for a specified period.

The Critically Ill Child-Care Leave will end at the earliest of:

o the end of the week in which the critically ill child passes away, o the last day of the period specified in the medical certificate (or a revised

certificate as the case may be}, or o when all thirty-seven (37} weeks of leave have been taken.

If the child remains critically ill for longer than one year, the employee may take another leave of up to thirty-seven (37} weeks upon obtaining another medical certificate.

Where both parents take leaves under this provision, the combined total of the leaves taken by both parents cannot exceed thirty-seven (37} weeks, even if they have different employers. The employee must advise the Company of the leave in advance in writing, and must also provide the Company with a "written plan" indicating the period of time for the leave. The Company may ask for a copy of the medical certificate.

15.14 Crime-Related Child Death or Disappearance Leave

A parent employed with the Company for at least six (6} consecutive months is entitled to a leave of up to one (1) year if his child under the age of eighteen (18} disappears, or two (2) years if the child dies, and it is likely that the disappearance or death was the result of a crime. "Child" for the purposes of this leave includes a step-child, foster child or child who is under legal guardianship, and who is under eighteen (18} years of age. "Crime" includes any offences under Canada's Criminal Code except for certain prescribed offences.

An employee is not entitled to this leave if the employee is charged with the crime or if it is likely that the child was a party to the crime.

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Where both parents take leaves under this provision, the parents must share the one (1) year leave {in the case of disappearance) or two (2) year leave {in the case of death), even if they have different employers.

The employee must advise the Company of the leave in writing, and must also provide the Company with a "written plan" indicating period of time for the leave. The Company may ask for reasonable evidence to substantiate the employee's entitlement to the leave, such as a letter from the police stating that the child's death/disappearance was, or was likely to have been, the result of a crime, or a media report about the death/disappearance that quotes the police as saying that it was, or was likely to have been, the result of a crime.

Where it is clear that the child's death or disappearance was the result of a crime, the Company must allow a leave if the employee requests it. Where it is not clear that a death/disappearance was the result of a crime and if an employee asks for a leave, the Company may grant a leave pending police investigation. Following the completion of the investigation if no charges are laid or if the employee is unable to provide evidence substantiating the ongoing leave of absence, Company may request the employee return to work.

15.15 The above leaves identified in Articles 15.10- 15.14 are without pay by employer. Any payments from El will be deemed as wages for Article 21.

ARTICLE 16- HOURS OF WORK

16.01 Daily and Weekly Hours of Work

(a) Full-time

.01 Except in those areas where the parties agree otherwise, the regular work week for all full-time employees shall average thirty-seven and one-half (37 %) hours (exclusive of meal periods) for each employee during bi-weekly periods, although it is understood that this Article shall not be construed to be a guarantee as to the hours of work per day nor as to the hours of work per week nor as a guarantee of working schedules .

. 02 Except in those areas where the parties agree otherwise, the normal daily hours of work shall be seven and one-half (7 %) hours not including a one­half (1/2) hour unpaid meal break.

(b) Part-time

.01 Except in those areas where the parties agree otherwise, the normal daily hours of work shall be seven and one half (7 1/2) hours not including a one half (1/2) hour unpaid meal break.

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16.02 The provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of hours of work per shift or per week or for any period whatsoever nor a guarantee of working schedules.

16.03 Rest Periods

(a) All full-time employees will be allowed two fifteen (15) minute rest periods, one (1) in each full half scheduled shift without reduction in pay or without increasing the regular working hours, except in cases of emergency where the rest period may be delayed.

Each employee shall be allowed thirty (30) minutes for meals on his own time, which mealtime shall be continuous and uninterrupted except in cases of emergency.

(b) Part-time employees shall be entitled to a paid rest period of fifteen (15) minutes for each three and three-quarter (3 3/4) hours of work during their shift.

(c) When an employee (full-time or part-time) performs authorized overtime work of at least three (3) hours duration, the Company will schedule a rest period of fifteen (15) minutes duration.

16.04 Wash-Up Time

Employees will be granted five (5) minutes at the end of their shift for the specific purpose of washing up.

It is expected that employees who are located at health centre sites shall remain on the job to provide for coverage until such time that they are relieved by replacement staff.

16.05 Time Off Between Shifts (Full-time employees only)

In the case of departments where full-time employees are required to rotate on the day, evening and/or night shifts, the Company will endeavour to arrange shifts such that there will be a minimum of twenty-three (23) hours between the beginning of shifts and change over of shifts and of thirty-nine (39) hours if there is one (1) day off and of sixty-three (63) hours if there are two (2) days off between the change-over of shifts.

16.06 Exchange of Shifts

(a) The Company may allow an exchange of shifts at the request of two (2) employees provided that approval from the supervisor /manager is obtained in advance and that no additional cost to the Company results from such exchange of shifts

(b) A request for exchanging shifts must be in writing using the designated request form, and signed by both parties requesting the exchange. Requests must be received a minimum of forty-eight (48) hours prior to the shifts. Where a request is received less than 48 hours prior to the shifts being exchanged, such a request may be approved at the discretion of the supervisor I manager where

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circumstances exist and in consideration of operational needs. Such requests will not be unreasonably denied.

16.07 Part time employees will not be used to the extent that they replace or prevent the hiring of a full time employee.

ARTICLE 17- PREMIUM PAYMENT

17.01 Definition of Regular Straight Time Rate of Pay

For the purposes of calculating any benefit or money payment under this Agreement to which an employee is entitled, the regular straight time rate of pay is that prescribed in the Wage Schedule in this agreement.

17.02 Definition of Overtime (Overtime Premium)

(a) Full-time Employees

Employee shall be entitled to payment of time and one-half (1 %) the employee's basic straight time hourly rate for all authorized overtime work in excess of seven and one-half (7 %) hours in a tour of duty or seventy-five (75) hours in a bi-weekly period, it being understood, however, that no overtime will be paid where the time worked was a result of an exchange of shifts between employees. It is understood and agreed that notwithstanding the foregoing, where the existing provisions of the Collective Agreement provide for the payment of an overtime premium after fewer than seven and one-half (7 %) hours in a day or seventy-five (75) hours in a bi­weekly period for any employees, such provision shall continue to apply to such employees.

Where an employee is required to work additional overtime contiguous to an overtime shift within a twenty-four (24) hour period, the employee will be compensated at the rate of double time his or her straight time hourly rate for all additional contiguous overtime hours worked.

It is understood and acknowledged that the Company has the right to require employees to perform reasonable authorized overtime work.

Call back shall not be considered as hours worked for purposes of this Article.

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

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

(b) Part-time Employees

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Employees shall be entitled to payment of time and one-half (1 Yz) the employee's basic straight time hourly rate for all authorized overtime work in excess of seven and one-half (7 1/2) hours in a tour of duty or in excess of the average full-time hours of work over the period scheduled by the Company. Such period for this purpose shall not exceed two (2) weeks.

It is understood and acknowledged that the Company has the right to require employees to perform reasonable authorized overtime work.

Call back shall not be considered as hours worked for purposes of this Article.

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

Where an employee is required to work additional overtime contiguous to an overtime shift within a twenty-four (24) hour period, the employee will be compensated at the rate of double time his or her straight time hourly rate for all additional contiguous overtime hours worked.

17.03 The company will distribute overtime on an equitable basis, starting in seniority ranking, by pay period, subject to availability, employees' ability and skills and job requirements. Full time will have first refusal for overtime opportunities.

17.04 Reporting Pay

Employees who report for any scheduled shift will be guaranteed at least four (4) hours of work, or if no work is available will be paid at least four (4) hours except when work is not available due to conditions beyond the control of the Company. The Reporting Allowance outlined herein shall not apply whenever an employee has received not less than one (1) hour's prior notice not to report for work.

Employees who are required by the Company to attend work, a meeting or training will receive reporting pay of the time in attendance at the meeting or four (4) hours, whichever is greater.

17.05 Standby

An employee who is required to remain available for duty on standby, outside the normal working hours for that particular employee, shall receive standby pay in the amount of $3.20 per hour for all hours on standby.

Standby pay shall, however, cease where an employee is called in to work, and works during the period of standby.

17.06 Call Back

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(a) Where employees are called back to work after having completed a regular shift, and prior to the commencement of their next regular shift, they shall receive a minimum of four (4) hours of work or four (4) hours pay at the rate of time and one­half their regular earnings. Where call back is immediately prior to the commencement of their regular shift, the call back pay will only apply to the point of commencement of a regular shift at the rate of time and one-half after which they shall revert back to the regular shift.

(b) Call back pay shall cover all calls within the minimum four (4) hour period provided for under (a). If a second call takes place after four (4) hours have elapsed from the time of the first call, it shall be subject to a second call back premium, but in no case shall an employee collect two call back premiums within one such four (4) hour period, and to the extent that call back overlaps and extends into the hours of his regular shift, (a) shall apply.

(c) Notwithstanding the foregoing an employee who has worked his full shift on a holiday and is called back shall receive the greater of 2 1/2 times his regular straight time hourly rate for all hours actually worked on such call-back or four (4) hours pay at time and one-half his straight time hourly rate, subject to the other provisions set out above.

(d) Call back shall not be considered as hours worked for the purpose of this Article.

17.07 Shift Premium

Employees shall be paid a shift premium of $1.30 per hour for all hours worked between 1700 and 0700 hours.

17.08 Responsibility Allowance Outside the Bargaining Unit

When the Company temporarily assigns an employee to carry out the assigned responsibilities of a higher paying classification outside of the bargaining unit the employee shall receive an allowance of four dollars ($4.00) for each shift from the time of the assignment.

17.09 Overtime- Lieu Time (applicable to Full-time only}

Where an employee has worked and accumulated approved overtime hours (other than overtime hours related to paid holidays) such employee shall have the option of electing payment at the applicable overtime rate or time off equivalent to the applicable overtime rate (i.e. where the applicable rate is time and one-half (1/2), then time off shall be at time and one half (1 %) times.)

Where an employee chooses the latter option, such time off must be taken within the same calendar year unless otherwise agreed between employee and management.

17.10 Paid Time to Working Time (applicable to Full-time only)

Employees absent on approved leave, paid by the Company or by the Workers' Compensation Board, shall for the purposes of computing overtime pay during the

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work schedule in which the absence occurred, be considered as having worked their regularly scheduled hours during such leave of absence. No pyramiding shall result from the application of this provision.

The foregoing shall also apply in cases of short term leaves of absence for Union business approved by the Company under the applicable provisions of the Collective Agreement where payment is made to the employee by the Union.

17.11 Weekend Premium

An employee shall be paid a weekend premium of one-dollar and thirty (1.30) cents per hour for each hour worked between 0700 Saturday Morning to 17:00 hours Saturday and Sunday or such other forty-eight hour (48) period that the Company may establish.

17.12 Weekends Off I Days Off (Full-Time only)

(a) In scheduling shifts the Company will endeavour to arrange schedules so as to provide for a minimum of eight (8) weekends off in every twenty-four (24) week period, and, in any event, at least one (1) weekend off in each three (3) week period. Where a weekend off is not granted within a three (3) week period, time worked on such third weekend but not subsequent weekends shall be paid at the rate of time and one-half (1 1/2) unless the Company, notwithstanding its best efforts, was unable to meet this standard. This standard shall not apply where:

(i) such weekend work was performed by the employee to satisfy specific days off requested by such employee; or

(ii) such employee has requested weekend work, or was advised at the time of hire or when the job was posted that the regular schedule normally requires continuous weekend work; or

(iii) such weekend is worked as a result of an exchange of shifts with another employee; or

(iv) the Company is unable to comply due to a prohibition against scheduling split days off.

(b) It is understood and agreed that there shall be no pyramiding of overtime premiums under the provisions of the Collective Agreement arising out of the foregoing undertakings.

(c) The foregoing shall have no application where other scheduling arrangements are provided acceptable to the Company and the employees affected and approved by the Union.

(d) Days off shall be consecutive except when management considers that it is not practicable to do so. The Company hereby undertakes to use its best efforts consistent with proper management of the Company to ensure that days off may

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be taken consecutively and days off rotated so as to effect an equal distribution thereof among the employees.

17.13 Signing In /Out

Where the Company requires employees to sign in and out, he/she will do so as prescribed by the Company upon arrival at and departure from work. The requirement to sign in and out will be applied to bargaining unit employees on a Company wide basis.

17.14 Posting of Schedules

Work schedules shall be posted no less than two (2) weeks in advance.

ARTICLE 18- ALLOWANCES

18.01 Meal Allowance

When an employee is required to and does the work for three (3) or more hours of overtime after his normal shift, he shall be provided with a hot meal of Twelve Dollars ($12.00) if the Company is unable to provide the meal or has been unable to schedule a meal break during the overtime period.

Notwithstanding the foregoing, where the overtime assignment is for a period of three (3) hours, no more or less, the employee is not required to take a hot meal, if available, and may claim the Twelve Dollars ($12.00). Payment may be made as an inclusion on the employee's scheduled pay, vouchers, tokens, or pre-paid card payments. It is at the discretion of the Company how such payments are made. Where such payment is to be included on an employee's scheduled pay, it will be made on the next scheduled pay following the submission of the claim for the meal allowance.

Claims for meal allowances must be submitted no later than the Monday of the pay week.

18.02 Transportation Allowance

(a) When an employee is required to travel to the Company or to return to her home as a result of reporting to or off work between the hours of 2400 - 0600 hours, (other than reporting to or off work for her regular shift) or at any time while on standby, the Company will pay transportation costs by a taxi or her own vehicle at the CRA prescribed automobile allowance rates. The employee will provide to the Company satisfactory proof of payment of such taxi fare.

(b) Where the Company requires the employee to travel between sites, the Company will pay at the CRA prescribed automobile allowance rates unless the Company provides transportation between sites.

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(c) When a steward is required by the Company to travel between sites to attend meetings involving management and union representation, the steward shall be compensated in accordance with Article 18.03 (b). The union steward will keep records providing date, distance travelled and purpose of travel and submit to his/her manager using the Company's travel expense form.

ARTICLE 19- HEALTH AND SAFETY

19.01 Accident Prevention -Health and Safety Committee

(a) The Company and the Union agree that they mutually desire to maintain standards of safety and health in the Company in order to prevent accidents, injury and illness.

(b) Recognizing its responsibilities under the applicable legislation, the Company agrees to accept as a member of its Accident Prevention Health and Safety Committee at least one representative selected or appointed by the Union from amongst bargaining unit employees.

(c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health.

(d) The Company agrees to cooperate reasonably in providing necessary information to enable the Committee to fulfil its functions.

(e) Meetings shall be held every second month or more frequently at the call of the chair if required. The Committee shall maintain minutes of all meetings and make the same available for review.

(f) Any representative appointed or selected in accordance with (b) hereof shall serve for a term of one calendar year from the date of appointment which may be renewed for further periods of one year. Time off for such representative(s) to attend meetings of the Accident Prevention Health and Safety Committee in accordance with the foregoing shall be granted and time so spent attending such meetings shall be deemed to be work time for which the representative(s) shall be paid by the Company at his regular or premium rate as may be applicable.

(g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices.

(h) Pregnant employees may request to be transferred from their current duties if, in the professional opinion of the employee's physician, the pregnancy may be at risk. If such a transfer is not feasible, the pregnant employee, if she so requests, will be granted an unpaid leave of absence before commencement of the maternity leave referred to in Article 15.04.

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(i) Where the Company identifies high-risk areas where employees are exposed to Hepatitis 8, the Company will provide, at no cost to the employees, a Hepatitis 8 vaccine.

U) The Company will recognize April 28 as the annual day of remembrance for workers killed, injured or have contracted a work related disease on the job. Subject to the requirements of patient care, the Company agrees to stop work and provide a minute of silence for all employees at 11:00 A.M. April 28, in memory of workers killed or injured on the job.

The Company will announce on its public address system at 11:00 a.m., April 28 that all employees will be observing a minute of silence in memory of workers killed or injured in the job.

19.02 Protective Clothing

The Company agrees to continue its present practices with respect to the provision of protective clothing and safety devices to employees. The Company further agrees to meet directly with the representative of the Union or through the Accident Prevention Committee to discuss the need for any protective clothing or safety equipment in addition to that, which the Company is presently providing.

19.03 Influenza Vaccine

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

(i) The Company recognizes that employees have the right to refuse any recommended or required vaccination. That being said, SteriPro will make available the recommended or required vaccinations for staff. Staff in who are assigned to health care facilities on a permanent or temporary basis will be advised as to the recommended or required vaccines for the facility.

(ii) If an employee refuses to take the recommended or required vaccine required under this provision, she or he will be reassigned during the outbreak period, unless reassignment is not possible, in which case he or she will be placed on unpaid leave. If an employee is placed on unpaid leave, she or he can use banked lieu time or vacation credits in order to keep her or his pay whole. It is further agreed that any such reassignment will not adversely impact the scheduled hours of other employees.

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

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

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

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

19.04 Pandemic Planning

In the event there are reasonable indications of the emergence of a pandemic, any employee working at more than one health care facility, will, upon the request of the Company, provide information of such employment to the Company. No consequence will flow from such disclosure other than as strictly necessary to prevent the spread of infection.

19.05 Early and Safe Return to Work

(a) The Employer and the Union agree that an employee who has sustained a work related injury should be returned to work as quickly as possible.

(c) In case of modified duties, employer will accommodate up to the point of undue hardship. Modified duties can be assigned at different locations and outside of bargaining unit if required.

ARTICLE 20- PAID HOLIDAYS

20.01 The Company agrees to recognize the following public holidays with pay on the day on which they fall for all employees who have completed their probationary period:

Full-Time Employees

New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday

-Labour Day Thanksgiving Day Christmas Day Boxing Day

In addition, all full-time employees who have completed their probationary period shall receive one floating holiday to be scheduled by mutual agreement between the employee and supervisor and to be taken by each December 31 5t. This can be

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extended to February 15th with the prior written approval of the employee's supervisor. If the employee is unable to take the holiday as of February 15th he shall not be compensated for such day.

Employees qualify for the public holiday entitlement unless they fail without reasonable cause to work all of their last regularly scheduled day of work before the public holiday or all of their first regularly scheduled day of work after the public holiday.

Part-Time Employees

Part-time employees are eligible for the above-listed holidays, with the exception of the float day. Payment for work on such holidays are as indicated in this Article.

20.02 A tour that begins or ends during the 24-hour period of a holiday designated in Article 20.01, where the majority of hours worked fall within the designated holiday, shall be deemed to be work performed on the holiday for the full period of the tour.

20.03 Holiday Pay

(a) Holiday pay for a full-time employee will be computed on the basis of the employee's regular straight time hourly rate of pay times the normal or standard work day as set out in the "Daily and Weekly Hours of Work"

(b) Holiday pay for a part-time employee is included in the pay-in-lieu of fringe benefits as per Article 22.02.

Holiday pay for a temporary employee is included in the pay-in-lieu of fringe benefits as per Article 4.03 (h)

20.04 Pay For Work on a Holiday

(a) A full-time employee required to work on any of the designated holidays list~d in the collective agreement shall be paid at the rate of time and one-half (1 1/2) his regular straight time rate of pay for all hours worked on such holiday (0001 h to 2400h of the holiday) plus a day's pay or should he wish, the employee may elect to receive a lieu day off with pay (see 20.05) in the amount of his regular straight time hourly rate of pay times seven and one-half (7 % ) hours,

(b) If a part-time employee works on any of the designated holidays listed in this article, the employee shall be paid at the rate of time and one-half (1 1/2) her regular straight time hourly rate for all hours worked on such holiday.

(c) Full time employees shall have the right to first refusal to work on statutory holidays for their regular shifts subject to availability, skills and job requirements.

20.05 Lieu Day for Time Worked on A Holiday (for full-time employees only)

(a) As per 20.03 (a) a full-time employee who works on a holiday, may by mutual agreement be paid at the rate of time and one-half (1 1/2) the basic hourly rate for

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all hours worked on the holiday and be given another day off with pay in lieu of the holiday within 3 months of the date on which the holiday was observed.

(b) Where a full-time employee is unable to take the lieu time within the period prescribed in 20.05 (a), the employee shall be paid for the day.

20.06 If a Paid Holiday falls within a period in which a full-time employee is drawing sick pay, the employee will be paid for such Paid Holiday, but the Paid Holiday shall not be charged as sick leave time but rather paid as a Paid Holiday. This shall be limited to one (1) Paid Holiday in any one period of absence due to illness.

20.07 If one of the above named holidays occurs on full-time employee's regular day off or during his vacation period, the employee will receive an additional day off in lieu thereof. Such day must be taken no more than three (3) months after the holiday was observed.

Where an employee is unable to take the lieu day within the period prescribed, 20.05 (b) shall apply.

20.08 Payment for Working Overtime on a Holiday

(a) Where an employee is required to work authorized overtime in excess of his regularly scheduled hours on a paid holiday (but not including hours on a subsequent regularly scheduled shift), such employee shall receive two and one­half times his regular straight time hourly rate for such additional authorized overtime.

ARTICLE 21 - VACATIONS

21.01 Vacation Preferences and Scheduling

(a) Requests for vacation preference for the vacation year commencing June 15th and ending June 14th will be made by April 1st preceding the commencement of the vacation year. The vacation schedule will be posted no later than April 15th_ All vacation periods will be arranged by the supervisor with consideration being given to the employees request on a seniority basis and the needs of the department.

(b) All other vacation requests will be reviewed on a first come first serve basis taking into consideration the needs of the department. The supervisor will notify the employee of the decision within two (2) week of the request. Permission will not be unreasonably denied. Emergency vacation requests will be dealt case by case.

(c) Banking or carry-over of vacation time is at the Company's discretion and in accordance with Company policy. Such policy may be changed by the Company· upon notice of such change to the Union. Any request for vacation carry-over must be made in writing and approved by the manager. Such requests shall not be unreasonably denied.

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Payout of vacation time owing shall be in following with Company policy.

Full time vacation requests shall have preference over part-time vacation requests.

21.02 Entitlement and Calculation of Payment

(a) Full-Time Employee Vacation entitlement shall be as follows:

An employee who has completed less than one (1) year of continuous service as of (the date for determining vacation entitlement in each Company) shall be entitled to two (2) weeks' annual vacation. Payment for such vacation shall be prorated in accordance with his/her service.

An employee who has completed one (1) year but less than two (2) years of continuous service shall be entitled to two (2) weeks' annual vacation with pay.

An employee who has completed two (2) years but less than five (5) years of continuous service shall be entitled to three (3) weeks' annual vacation with pay.

An employee who has completed five (5) years but less than thirteen (13) years of continuous service shall be entitled to four (4) weeks' annual vacation with pay.

An employee who has completed thirteen (13) years but less than twenty-one (21) years of continuous service shall be entitled to five (5) weeks' annual vacation with pay.

An employee who has completed twenty-one (21) years but less than twenty-eight (28) years of continuous service shall be entitled to six (6) weeks' annual vacation with pay.

An employee who has completed twenty-eight (28) or more years of continuous service shall be entitled to seven (7) weeks' annual vacation with pay. For clarification, an employee will not be eligible to receive the seventh (7th) week of vacation where they have already received the additional five (5) days of supplemental vacation in the same vacation year.

Vacation pay shall be calculated on the basis of the employees' regular straight time rate of pay times their normal weekly hours of work, subject to the application of the Effect of Absence provision.

(b) Part-Time Employees Vacation entitlement shall be as follows:

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A part-time employee who has completed less than 3,450 hours of continuous service as of June 15th shall receive 4% of gross earnings.

A part-time employee who has completed 3,450 hours but less than 8,625 hours of continuous service as of June 15th shall receive 6% of gross earnings.

A part-time employee who has completed 8,625 hours but less than 22,425 hours of continuous service as of June 15th shall receive 8% of gross earnings.

A part-time employee who has completed 22,425 hours but less than 36,225 hours of continuous service as of June 15th shall receive 10% of gross earnings.

A part-time employee who has completed 36,225 but less than 48,300 hours of continuous service or more as of (the date for determining vacation entitlement in each Hospital) shall receive 12% of gross earnings.

A part-time employee who has completed 48,300 hours of continuous service or more as of June 15th shall receive 14% vacation pay. For clarification, an employee who has received an additional 2% of gross earnings as a result of completing 51,750 hours or 60,375 hours in the vacation year that this agreement is effective shall not be eligible to receive 14% vacation pay until the following vacation year.

For the purpose of this Article, gross earnings include, in part, percentage in lieu of benefits and exclude vacation pay.

Part-time employees shall be paid vacation pay once a year.

An employee who leaves the employ of the Company for any reason shall be entitled to receive any unpaid vacation pay which is accrued to this date of separation unless he leaves without giving at least two (2) weeks notice of termination in which case he shall be entitled to the vacation pay calculated in accordance with the provisions of the Employment Standards Act.

21.03 Approved Leave of Absence During Vacation

Where an employee's scheduled vacation is interrupted due to serious illness, which either commenced prior to or during the scheduled vacation period, the period of such illness shall be considered sick leave.

Serious illness is defined as an illness which requires the employee to receive on­going medical care and/or treatments resulting in either hospitalization or which would confine the employee to their residence or to bed rest for more than three days.

The portion 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.

Where an employee's scheduled vacation is interrupted due to bereavement, the employee shall be entitled to bereavement leave in accordance with Article 15.01. The

45

portion of the employee's vacation which is deemed to be bereavement leave under the above provisions will not be counted against the employee's vacation credits.

ARTICLE 22 - HEALTH AND INSURED BENEFITS

22.01 Insured Benefits

Full-time employees:

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

(a) The Company agrees to pay one hundred percent (1 00%) of the billed premium towards coverage of eligible employees in the active employ of the Company urider the Sun Life semi-private plans or comparable with another carrier.

(b) The Company agrees to contribute seventy-five percent (75%) of the billed premiums towards coverage of eligible employees in the active employ of the Company under the Manulife Extended Health Care benefits or comparable coverage with another carrier providing for $22.50 (single) and $35.00 (family) deductible, providing the balance of monthly premiums are paid by the employee through payroll deductions.

Reimbursement for prescribed drugs covered by the Plan will be based on the cost of the lowest priced therapeutically equivalent generic version of the drug, unless there is a documented adverse reaction to the generic drug ..

Services of a chiropractor will be covered up to an annual maximum of $325; and services of a licensed or registered physiotherapist will be covered up to an annual maximum of $325.

In addition, standard benefits, effective the first deduction date the month after the award coverage will include vision care (maximum of $300.00 every 24 months plus bi-annual eye exams, which may be applied to laser eye surgery) as well as a hearing aid allowance (cost of acquisition per individual every 36 months.)

Existing provisions for private duty nursing services contained in present extended health care plans will be amended to reflect that this benefit is limited to a maximum of ninety (90) eight-hour shifts in any calendar year.

Paramedical services will be covered 100% of the costs after payment of the deductible, up to the maximum amount of $700.00. All available services may be used in individually or combined to the maximum of $700.00.

(c) The Company agrees to pay one-hundred percent (1 00%) of the billed premium towards coverage of eligible employees in the active employ of the Company under Manulife or such other group life insurance plan currently in effect providing the balance of the monthly premium is paid by the employee through payroll deduction.

46

(d) The Company agrees to contribute seventy-five percent (75%) of the billed premiums towards coverage of eligible employees under the Sun Life Dental Plan # 150141 or comparable coverage with another carrier (based on the current ODA fee schedule as it may be updated from time to time) providing the balance of the monthly premium is paid by the employee through payroll deduction.

The Sun Life Dental Plan (or equivalent) is as follows:

• Basic and Preventative dental work covered at 1 00% coinsurance (including but not limited to; cleaning, scaling, fillings, root canal,)

• 9 month dental recall • Current dental fee guide • No deductibles, no annual maximum

• Major dental covered at 50% coinsurance (including crowns, bridges, complete and partial dentures)

• Annual maximum of $1000 plus another $1000 for dentures

(e) Benefits on Early Retirement

The Company will provide equivalent coverage to all employees who retire early and have not yet reached age 65 and who are in receipt of the Company's pension plan benefits on the same basis as is provided to active employees for semi­private, extended health care and dental benefits. The Company will contribute the same portion towards the billed premiums of these benefits plans as is currently contributed by the Company to the billed premiums of active employees.

22.02 Part-time Employees:

A part-time employee shall receive in lieu of all fringe benefits (being those benefits to an employee, paid in whole or part by the Company, as part of direct compensation or otherwise, including holiday pay, save and except salary, vacation pay, standby pay, call back pay, reporting pay, responsibility allowance, jury and witness duty, bereavement pay and pregnancy and parental supplemental unemployment benefits) an amount equal to 14% of his/her regular straight time hourly rate for all straight time hours paid.

22~03 Change of Carrier

A copy of all current master policies of the benefits referred to in this article shall be provided to the union.

It is understood that the Company may at any time substitute another carrier for any plan (other than OHIP) provided the benefits conferred thereby are substantially the same. The Company shall notify the Union sixty (60) days in advance of making such a substitution to explain the proposed change and to ascertain the views of the employees. Upon a request by the Union, the Company shall provide to the Union, full

47

specifications of the benefit programs contracted for and in effect for employees covered herein. The Company and NOWU agree that the maintenance of benefits provided for this collective agreement at the most cost-effective level is an important objective. Before any increase in premiums occurs, the union will have the opportunity "shop" the benefit premiums in question before any premium increase is imposed upon bargaining unit employee.

22.04 Pension

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

On date of hire or during appropriate orientation the Company will provide full and part­time employees with a copy of the Hospital's of Ontario Pension Plan (HOOPP) benefit booklet.

ARTICLE 23 - INJURY AND DISABILITY

23.01 Workers' Compensation Injury

In the case of an accident which will be compensated by the Workplace Safety and Insurance Board, the Company will pay the employee's wages for the day of accident.

23.02 Pay for Medical Certificates

The Company shall pay the full cost of any medical certificates required of an employee.

ARTICLE 24 - SICK LEAVE

24.01 (a) Short-Term Disability Plan

The Company will assume total responsibility for providing and funding a short­term sick leave plan at least equivalent to that described in the 1992 Hospitals of Ontario Disability Income Plan (HOODIP) brochure.

(b) Long-Term Disability Plan

The Company will pay seventy-five percent (75%) of the billed premium towards coverage of eligible employees under the long-term disability portion of the Manu life plan (or an equivalent plan), the employee paying the balance of the billed premium through payroll deduction. For the purpose of transfer to the short-term portion of the disability program, employees on the payroll as of the effective date

48

of the transfer with three (3) months or more of service shall be deemed to have three (3) months of service. For the purpose of transfer to the long term portion of the disability program, employees will be credited with their actual service.

24.02 There shall be no pay deduction from an employee's regular scheduled shift when the employee has completed any portion of the shift prior to going on sick leave benefits or Workers' Compensation benefits.

24.03 The Company further agrees to pay employees an amount equal to any loss of benefits under Manulife (or its equivalent) for the first two (2) days of the fourth and subsequent period of absence in any calendar year.

24.04 Absences due to pregnancy related illness shall be considered as sick leave under the sick leave plan.

24.05 Employment Insurance Rebate

The short-term sick leave plan shall be registered with the Employment Insurance (HRSDC). The employee's share of the Company's employment insurance premium reduction will be retained by the Company towards offsetting the cost of the benefit improvements contained in this Agreement.

24.06 Notification of Absence due to Sickness

(a) In order to qualify for sick leave a full-time employee must notify his supervisor or, in his absence, a designate at least four (4) hours prior to the beginning of the employee's shift in the case of day shift and six(6) hours prior to the beginning of the employee's shift for evening and night shifts. This is to be interpreted that the Supervisor is to be informed for each day that the employee will be absent. The Company reserves the right to require proof of illness by medical certificate or such other form of proof as the Company may require before sick leave is granted.

(b) The Company shall pay the full cost of any medical certificates required of an employee.

24.08 Notification of Return to Work

An employee returning to duty following a sick leave must so advise the Company not less than twelve (12) hours in advance that they intend to return, in the case of day shift, and not less than four (4) hours in advance in the case of evening and night shift.

24.09 Workers' Compensation Benefits and Sick Leave

An employee who is absent from work as a result of an illness or injury sustained at work and who has been awaiting approval of a claim for Workers' Compensation for a period longer than one complete pay period may apply to the Company for payment equivalent to the lesser of the benefit she would receive from Workers' Compensation if her claim was approved, or the benefit to which she would be entitled under the short

49

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

ARTICLE 25 - COMPENSATION

25.01 Experience Pay

An employee hired by the Company with recent and related experience, may claim, at the time of hiring on a form supplied by the Company, consideration for such experience. Any such claim shall be accompanied by verification of previously related experience. The Company shall then evaluate such experience during the probationary period. Where in the Company's opinion such experience is relevant, the employee shall be slotted in that step of the wage progression consistent with one (1) year's service for every one (1) year of related experience in the classification on the completion of the employee's probationary period. It is understood and agreed that this shall not constitute a violation of the wage schedule in the Collective Agreement.

25.02 Promotion to a Higher Classification

An employee who is promoted to a higher rated classification, where such classification exists within the bargaining unit will be placed in the range of the higher rated classification so that he shall receive no less an increase in wage rate than the equivalent of one step in the wage rate of his previous classification (provided that he does not exceed the wage rate of the classification to which he has been promoted).

If the employee is maintained in the new job, she shall then carry with her to the new job all rights and privileges including seniority and she shall then progress between that range and the top of the range in increment stages in accordance with the time· served in the new job

25.03 Temporary Transfer

When an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying position in the bargaining unit, for a period in excess of one-half of a shift, he shall be paid the rate immediately above his current rate in the higher classification to which he was assigned from the commencement of the shift on which he was assigned the job.

25.04 Job Classification

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(a) When a new classification (which is covered by the terms of this Collective Agreement) is established by the Company, the Company shall determine the rate of pay for such new classification and notify the union of the same and provide details at least fourteen (14) days prior to posting. If the union challenges the rate, it shall have the right to request a meeting with the Company to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (1 0) days after the receipt of notice from the Company of such new occupational qlassification 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 Company. If the parties 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 Arbitrator 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 classification.

(b) When the Company makes a substantial change during the term of this Agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Company agrees to meet with the Union if requested to permit 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 referred to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Arbitrator 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 classification.

(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 Company.

25.05 Job Descriptions

A copy of the current job description for a bargaining unit position shall be made available to the Union upon request.

25.06 Wage and Classification Premiums

(See Wage Schedule Appendix A)

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ARTICLE 26 - RELATIONSHIP

26.01 Each of the parties hereto agree that there will be no discrimination, interference, restraint or coercion exercised or practised upon any employee because of membership or non-membership in the Union which is hereby recognized as a voluntary act on the part of the individual concerned.

Pay Equity

Where required pursuant to the Pay Equity Act, the Company agrees to meet with the Union and jointly determine whether it is in compliance with the Pay Equity Act and the regulations, as well as to create a Pay Equity Plan.

ARTICLE 27- CERTIFICATION

27.01 Certification

Where applicable, an employee is required to present to the Manager of Operations or designate at the time of hire evidence of certification in Sterilization and Reprocessing. Failure to provide evidence will deem the candidate no longer meeting qualifications for the job. As such the candidate shall not be considered for employment with the Company.

Employees who transferred to SteriPro as a result of the work transferring from one of the hospitals, and who do not have certification are exempt from the above provision. In such cases, SteriPro shall recognizes the work experience of the staff.

ARTICLE 28 - DURATION

28.01 Renewal

Either party to this agreement may give notice to the other party of its desire to bargain for amendments on local matters proposed for incorporation in the renewal of this agreement not earlier than six (6) calendar months nor later than three (3) calendar months prior to the normal termination date of this agreement. Upon receipt of such notice by one party from the other, both parties will meet within fifteen (15) days thereafter for the purpose of bargaining on local matters.

28.02 Term

(a) This Agreement shall continue in effect until October 31, 2021 and shall continue automatically thereafter from year to year unless either party gives notice ilJ writing to the other party within 90 days prior to the expiration date that it desires to amend or terminate this agreement.

52

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

(c) If pursuant to such negotiations an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, this Agreement shall expire at such expiration date unless it is extended for a specified period by mutual agreement of the parties.

ARTICLE 29- MISCELLANEOUS ITEMS

29.01 Workload

Where an employee perceives there is an issue with workload, they will fill out the workload review form and address the matter with their immediate supervisor I manager. Failing satisfaction, the employee may utilize the grievance procedure for resolution.

29.02 Locker Facilities

Locker facilities will be provided for the employees' convenience.

29.03 Bulletin Boards

The Company agrees to supply and make available to the Union for the posting of Union notices a bulletin board to inform all employees in the bargaining unit of the activities of the Union. It is agreed that no notice will be posted on the bulletin board without prior approval by the Manager, Human Resources or designate.

29.04 Access to Employee Files

(a) Each employee shall reasonable access to his/her employee file for the purpose of reviewing any evaluations or formal disciplinary notations, contained therein. Such request will be made in writing by the employee, to Human Resources and will be reviewed in the presence of the Manager, Human Resources or his/her designate. The Human Resources will endeavour to provide said file within one working day of the request.

(b) Each employee shall have reasonable access to his/her Occupational Health and Safety file for the purpose of reviewing any medical information provided by the Employee contained therein. Such request will be made in writing by the employee, to Human Resources and will be reviewed in the presence of the Occupational Health and Safety representative for SteriPro or his/her designate. Human Resources will endeavour to provide said file within one working day of the request.

(c) Any letter of reprimand, suspension or other sanction will be removed from the record of the employee eighteen (18) months following the receipt of such letter,

53

suspension or other sanction provided that the employee's record has been discipline free for such eighteen (18) month period.

(d) Each employee will be given a copy of his/her performance evaluation. The employee sign such evaluation as having been read and shall have the opportunity to add his/her view to such evaluation.

29.05 Cost of Printing

After joint consultation, the Union and the Company will share equally the printing cost of this Agreement.

29.06 STUDENT PRACTJCUMS

The parties accept the value of student practicum assignments in the training and certification of sterilization technicians. The parties therefore agree that the placement of certification students in practicum assignments is not a breach of Article 12 of this Agreement. Such practicum assignments will not negatively impact the hours of work of bargaining unit members.

29.07 TEMPORARY SERVICE REDUCTION

Where the Company shuts down or has a temporary service reduction due to unforeseen situations, SteriPro will make a reasonable effort to schedule those who wish to work, where sufficient work exists. Employees, who are not scheduled to work during this period, may take vacation, lieu time owing, unpaid days, or banked time. Employees will be provided with notice of such shut down or temporary service reduction as soon as possible.

SIGNED AT Toronto, this_--'\>....:·~'------day of -""-+~"-~...,.;, ,...t""""ct_,_r __ 2019.

FOR THE UNION FOR THE COMPANY

~~ ~~~g~

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LOU - 1 Letter of understanding for part time scheduling

1. The company and the Union agree to actively try and find solutions for any problems to ensure the success of the new scheduling system. The parties mutually agree that scheduling matters of concern and interest that arise may be discussed at a LMC meeting.

2. The company will educate the managers/supervisors on this new process and the union will work with the affected employees to educate them on the new process prior to the implementation of this scheduling process.

3. The first schedule utilizing this scheduling process will commence in six weeks following signing of this Letter of Understanding.

4. The company will post a schedule covering a period of 6 weeks for each site two weeks in advance of commencement of the schedule.

5. Evert part time employee covered by this letter of understanding will provide to their appropriate manager, on a form developed by the company and no later than three weeks prior to the posting of the schedule, their periods of availability during six (6) weeks.

6. If an employee's manager does not receive the employee's periods of availability by the 3-week deadline and on company's form, the employee will be deemed to be available on the same basis as the employee's previous availability form.

7. When the company posts the initial/working schedule, the distribution of hours of work in a department will be scheduled amongst the regular part time employees equitably by classification subject to seniority, preference for shifts, qualifications, training and availability. The company reserves the right to schedule the least senior regular part time employees in the classification and site to meet the operational needs of the company.

8. For every scheduling period, each regular part time employee will identify the shifts which they are able to work, subject to conditions set out below:

(a) All regular part-time employees will be available to work fifty-two (52) weeks per year, less their scheduled and approved vacation or approved leaves of absence.

(b) All regular part-time employees will be available to work two of the three shifts (days, evenings & nights) but the, availability submitted by the regular part-time employees must meet the needs of the department or unit. In other words, if an insufficient number of regular part-time employees declare themselves available for a particular mix of shifts (days, evenings or nights), the least senior employee(s) in the department will be deemed available to work the mix of shifts required, and scheduled as such. For greater clarity, the least senior employee(s) will be scheduled regardless of their availability, subject to operational requirements.

(c) All regular part-time employees agree to be available a minimum of six calendar days within a two-week pay period, subject to departmental needs. A calendar day is defined as 24-hour period.

55

9. Shifts that become available after the schedule has been posted will be offered to the most senior available, qualified and trained part-time employee in the classification and site until the senior employee has been offered and scheduled to work a maximum of ten (1 0) shifts during a pay period. This process shall continue down the list by seniority.

10. When an available and unassigned shift commences within (2) operational hours, the company will call the most senior employee eligible to be called for the shift. If the employee declines, or is not reached, the Hospital may immediately call the next senior employee eligible to be called for the shift. This process will continue until an employee accepts the shift.

11. The following process applies if the shift commences at least two (2) operational hours or more from the point the company begins calling the most senior eligible employee. An employee who is called but not reached will be given at least ten {1 0) minutes to call back the person who is scheduling the shift and accept the offered shift. Otherwise, the next eligible employee will be contacted and offered the shift. It is understood that if the company has not yet been able to find an eligible employee to accept the offered shift, and such time elapses so that only two (2) operational hours or less remains prior to the commencement of the shift, employees who are subsequently called will no longer be give at least {1 0) minutes to call back. Instead, the process under paragraph 10 shall apply.

12. If the Hospital requires an employee to work overtime, these shifts will first be offered to the most Senior qualified and trained full-time employees in the classification and site prior to part-time employees. Notwithstanding Article 17.02 Of the Collective Agreement. Once the above process has been exhausted, it will be applied to part-time employees.

13. The parties agree that this letter of Understanding shall be in effect for the duration of the current Collective Agreement between the company and NOWU.

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LOU-2 (NEW) LETTER OF UNDERSTANDING FOR INTEREST ARBITRATION WHERE NO AGREEMENT CAN BE REACHED IN NEGOTIATIONS

1.0 Having regard for the agreement of the Union not to strike and the agreement of the Employer not to lockout as set forth in Article 6, the provisions of this Article shall apply at the end of the current Collective Agreement and at the end of all future Collective Agreements for this bargaining unit, in the circumstances more particularly set forth in Clause 2.0

2.0 In the event that either of the parties elects under Article 29 to terminate, modify or amend this Collective Agreement and should the parties be unsuccessful in negotiating a new agreement on or before the 15th day prior to the expiry date of this Agreement, either of the parties may notify the other in writing of its desire to submit to arbitration the negotiation of a new Agreement. Such notice shall be deemed to be confirmation of an agreement to proceed to voluntary arbitration pursuant to section 40 of the Labour Relations Act. The notice shall contain the name of the first party's appointee to the arbitration board. The recipient of the notice shall within five (5) days notify the other party the name of its appointee to the arbitration board.

3.0 The two appointees so selected shall appoint within five days of the appointment of the second nominee a third person who shall chair the board. If the recipient of the notice fails to appoint an arbitrator or if the two appointees failed to agree upon a chair, the appointment shall be made in either event by the Minister of Labour upon the request of either party.

4.0 The parties may, by mutual agreement, submit the matter to a sole arbitrator rather than to a board of arbitration, in which case the provisions of this Memorandum of Agreement shall apply with necessary modification. If the parties have agreed to proceed with a sole arbitrator but are unable to agree within a further 10 days on who should be appointed, the appointment shall be made by the Ministry of Labour.

5.0 No person may be appointed as a member of the arbitration board or as an arbitrator who has been involved in an attempt to negotiate the collective agreement in issue.

6.0 The arbitration board shall determine the new collective agreement and shall issue a decision, which shall be final and binding upon the parties. The decision of the majority shall be the decision of the arbitration board, but if there is no majority the decision of the Chair shall govern.

7.0 Each of the parties shall bear the expense of the arbitration board member appointed by it and the parties shall share equally the expenses of the Chair, if any.

8.0 All time limits mentioned in this Memorandum of Agreement may be extended by mutual agreement of the parties in writing.

9.0 The arbitration board shall determine its own procedure but shall give full opportunity for the parties to present their evidence and make their submissions. The board shall

57

have all the powers of an arbitration board under Sections 4 through 11, inclusive, of the Hospital Labour Disputes Arbitration Act ("HLDAA"), with necessary modification, as amended from time to time. However in the event of any inconsistency between HLDAA and this Collective Agreement, this Agreement shall prevail.

10.0 Where, during bargaining prior to the submission to arbitration or during the proceedings before the arbitration board, the parties agree on all matters to be included in the Collective Agreement, they shall put them in writing and shall execute the document, which document shall then become a collective agreement under the Labour Relations Act. If the parties, or either of them, fail to execute any document within the time fixed by the arbitration board, the board may order that the document be in effect as though it had been executed by the parties and such document shall then constitute the collective agreement under the Labour Relations Act.

11.0 Where notice has been given by one of the parties pursuant to this Memorandum, the provisions of this Collective Agreement shall remain in full force and effect beyond the expiry date of this Agreement until such date as the decision of the arbitration board is issued. The arbitration board may provide that any of the terms of the new agreement shall be retroactive to such date as the Board may fix, provided such date is not earlier than the date upon which the previous Collective Agreement expired.

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WORKLOAD REVIEW FORM

Employees to complete everv section

Date/Time of Occurrence --------------------Date Form Submitted to Company _________ _

Site/Location __________ Department/Unit _________________ _

Type of Work Being Performed

Number of Staff on Duty ______ Usual Number of Staff on Duty ____ _

1/We the undersigned, believe that I was/we were given an assignment that was excessive or inconsistent with quality patient care and/or created an unsafe working environment for the following reasons. (Provide brief description of problem/assignment below):

To correct this problem, 1/we recommended:

Name/Title of Immediate Supervisor Notified

Date/Time of Notification

Response ___________________________________________________ ___

Signature of Employee(s) & Printed Name(s) on Line Below:

1/we do not agree with the resolution of my concern.

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LOU-3 LETTER OF INTENT

RE: INNOVATIVE/FLEXIBLE SCHEDULING

Where the parties agree, arrangements regarding innovative/flexible scheduling may be entered into between the parties.

Such innovative schedules may be subject to the following principles:

(a) These schedules may pertain to full-time and/or part-time employees.

(b) Such arrangements shall be established by mutual agreement between the Company and the Union.

SIGNED AT Toronto, this __ t6~~-day of -_J;.~~r-· ~-2011 Cf

FOR THE UNION

~ ~

FOR THE COMPANY

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LOU-4 LETTER OF INTENT _

RE: LIABILITY INSURANCE

Upon request of the Union, and with reasonable notice, the Company will provide a union representative the opportunity to read the provisions of the insurance policy or policies as to employee liability insurance coverage for the classifications of employees represented by the Union.

SIGNED AT Toronto, this _ ____:\...::S __ day of

FOR THE UNION FOR THE COMPANY

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LOU-5 LETTER OF UNDERSTANDING

RE: VOLUNTARY PART-TIME BENEFITS

If the parties agree, the Company will provide part-time employees with the option of voluntary participation in any and all of the group health and welfare benefit programs set out in Article 22.01. It is understood and agreed that the part-time employees would pay the Company the full amount of the monthly premiums, in advance.

Note: Part-time voluntary benefits are not arbitrable in local negotiations.

SIGNED AT Toronto, this \ ~ day of

FOR THE COMPANY

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LOU-6 LETTER OF UNDERSTANDING

BETWEEN

SteriPro (hereinafter referred to as "the Company")

And

NOWU (hereinafter referred to as "the Union"}

1. RE: BUSINESS PROCESS

WHEREAS the parties agree that it is in their mutual interest to resolve issues in an efficient and timely manner;

NOW THEREFORE the parties agree that during the life of the collective agreement they will explore various strategies to improve communications and expedite problem solving. These strategies include but are not necessarily limited to:

The parties will endeavour to pre-schedule grievance meetings one (1) day per 2 months or as necessary. The specific dates are to be determined by the parties.

The parties will endeavour to pre-schedule the time required to deal with business of the bargaining unit to the Chief Steward where one is appointed. The specific dates are to be determined by the parties.

The parties will ensure compliance to the collective agreement language regarding Grievance and Arbitration. In terms of time lines the parties must mutually agree to extensions in writing.

Upon receipt of the bi-annual seniority list the Union agrees to provide the Company with updated steward names and contact information and as needed when changes occur. The parties agree that stewards will not be recognized if the names and contact information have not been provided to the Company.

The parties will establish Company and Union Grievance committees as contemplated by the collective agreement. The Terms of Reference will be developed by the parties. The parties agree to explore Joint Steward/Supervisor Training.

The Company agrees to provide the Union for the purpose of receiving correspondence a "Union Box" at each site. The box shall be in the care and custody of the Chief Steward or designate.

The parties agree that the union steward or designate will meet with the department manager or designate on an as needed basis to review issues arising in the area with

63

the intent of minimizing formal grievances as per Article 8 and enhancing communication between the parties.

SIGNED AT Toronto, this __ }_3 __ day of --h1--+-·+_-v1f __ 201~0f

FOR THE UNION FOR THE COMPANY

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LOU -7 Step down language a full-time employee moving to a part-time

The union proposes to add the following new article:

a) Any full-time employee that desires a "step down" to part time status shall make his/her desire known in writing on a form supplied by the hospital, with a copy sent to the chief steward and the union office.

b) The parties will meet to identify an appropriate vacancy prior to the posting being made within the part time bargaining unit.

c) If "stepping down" occurs the employee will be limited from applying for posted positions for a period of one year.

d) The Hospital will post the vacancy (or potential vacancy) created by the "stepping down" pursuant to article 11.

e) Step Down forms will be renewed on an annual basis.

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WAGE GRID - INSTRUMENT TECHNICIAN

NOTE: TIME ON A WAGE STEP IS BASED ON ONE YEAR OF SENIORITY (1725 HOURS).

Tech 3

31-0ct-19

Step 1 23.75

Step2 24.35

Step3 24.95

Tech 2

31-0ct-19

Step 1 23.70

Step2 24.30

Step3 24.90

Tech 1

31-0ct-19

Step 1 23.61

Step 2 24.20

Step 3 24.80 - -

31-0ct-20 24.10

24.71

25.32

31-0ct-20 23.98

24.59

25.20

31-0ct-20 23.84

24.44

25.05

31-0ct-21 24.44

25.06

25.68

31-0ct-21 24.22

24.84

25.45

31-0ct-21 24.08

24.69

25.30

' •

Current Tech 1 who will still be part oftech 1 group will receive $100 bonus on Oct 31, 2020

Current Tech 1 who will still be part of tech 1 group will receive $200 bonus on Oct 31,2021

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Techs 3 are technicians working in OR (including CystoL Clean Assembly w/ Ascom and STS Support.

Tech 2 are technicians working in Night Shift, Endoscopy, Case Cart Picking, Clinic Assembly, Peel Pouch, Cool Down, and Sterilizer.

Tech 1 are technicians working in decontam, unloading and hardware.

New hire technicians while they are on probation are Tech 1. Current lead hand technicians are Tech3.

Training premium is 0.75$ per hour for the hours spent on training other technician.

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