COLLECTIVE AGREEMENT

BETWEEN:

AND:

PERTH COMMUNITY CARE CENTRE

hereinafter referred to as the 11Centre11

OF THE FIRST PART

HEALTH, OFFICE AND PROFESSIONAL EMPLOYEES A DIVISION OF LOCAL 175

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

Chartered by the United Food and Commercial Workers International Union, C.L.C., A.F.L.-C.I.O.

hereinafter referred to as the 11 Union 11

OF THE SECOND PART

Effective: May 1, 2014- April 30, 2016

Index ARTICLE 1 - PREAMBLE ................................................................................................ 1 ARTICLE 2- RECOGNITION .... .......... .................................................. ..................... .. ... 1 ARTICLE 3- STRIKES AND LOCKOUTS ....................................................................... 2 ARTICLE 4- MANAGEMENT RIGHTS .............. ..... ................. .... ................................... 2 ARTICLE 5- NO DISCRIMINATION ............................................................................... 3 ARTICLE 6- UNION SECURITY ................ ... ... .... ........ ... ................................................ 3 ARTICLE 7- UNION STEWARDS AND COMMITTEE ................................... .. ........ ....... 4 ARTICLE 8- GRIEVANCE PROCEDURE .................................................................. .. .. 6 ARTICLE 9 - DISCHARGE CASES ................................................................................. 7 ARTICLE 10 - ARBITRATION ......................... ......................................... ....................... 8 ARTICLE 11 -WITNESSES ............................................................................................ 9 ARTICLE 12- SUPPLEMENTARY AGREEMENTS .......................................... ..... ... .. .. 10 ARTICLE 13- PROBATION ............ .............................................................................. 1 0 ARTICLE 14- SENIORITY .................. ...... .... .... ... .......................................... ... ............ 10 ARTICLE 15- LAY-OFFS AND RECALLS .................................................................... 12 ARTICLE 16- LEAVES OF ABSENCE ......................................................................... 13 ARTICLE 17- BULLETIN BOARDS .......................................... ........ ............ ..... ........... 18 ARTICLE 18- DISCIPLINARY WARNINGS ......... ............. .......... ............................... ... 18 ARTICLE 19- HOURS OF WORK, OVERTIME, ETC ................................................... 19 ARTICLE 20- GENERAL ...... .. ...................................................................................... 23 ARTICLE 21 - VACATIONS ............................. .... .......... .. .... ............ ............. .. ............... 24 ARTICLE 22- PAID HOLIDAYS .................... ... .......... .. ......... .............. ........ ....... ..... ...... 26 ARTICLE 23- CLASSIFICATIONS AND WAGES ............. ............................................ 28 ARTICLE 24- PAID LEAVE .......................................................................................... 29 ARTICLE 25- HEALTH AND WELFARE ...................... ........... ..................................... 30 ARTICLE 26- JOINT HEALTH AND SAFETY COMMITTEE ................ ........................ 32 ARTICLE 27- COPIES OF THE AGREEMENT ............................................................ 33 ARTICLE 28- CLOTHING ALLOWANCE ............ ........................ ........ ............. ............ 33 ARTICLE 30- RESIDENT ABUSE ................ ................. ........................ ................ .... ... 35 ARTICLE 31 - DURATION .......... ..... ...................... ....... ..................... .. ....................... ... 35 SCHEDULE "A" .................. ........................... ........................... .......... .. ... ........... .... ....... 36

RE: ORIENTATION RIGHT ................... ......... .. ....... ..................... .... ........... .... ... ..... 38 RE: DIGNITY AND RESPECT IN THE WORKPLACE ....... ............... ..... ......... ........ 40 RE: REGISTERED PRACTICAL NURSE REGISTRATION REIMBURSEMENT ... .41 RE: UFCW CHARITY FUND (LEUKEMIA) ............................. ... .............................. 42

REGIONAL OFFICE:

U.F.C.W. CANADA, LOCAL 175 20 HAMILTON AVENUE NORTH

OTTAWA, ONTARIO K1V 186

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

ARTICLE1-PREAMBLE

1.01 It is the desire of both parties to this Agreement:

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

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

(iii) to encourage efficiency in operation;

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

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

ARTICLE 2 - RECOGNITION

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

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

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

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

2.05 No current employee shall be laid off, or have a reduction in hours during the term of this Collective Agreement as a result of any contracting out of services

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presently pertormed by the bargaining unit. For purpose of clarity, current shall mean the date of Award (April 23, 2015) of the current Collective Agreement.

ARTICLE 3 - STRIKES AND LOCKOUTS

3.01 The Centre will not cause or direct any lockout of its employees and the Union will not cause or direct any strikes, nor will employees participate in any collective action which will intertere with the operation of the Centre.

3.02 The definitions of the terms "lockout" and "strike" as used in Section 3.01 above, shall be in accordance with the Labour Relations Act.

ARTICLE 4 - MANAGEMENT RIGHTS

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

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

(b) to maintain order, discipline, efficiency and in connection therewith to establish and enforce reasonable rules, regulations, policies and practices from time to time to be observed by its employees; such rules will be posted on the employees' Bulletin Board with a copy supplied to the Union Committee. The Centre reserves the right to amend or introduce new rules from time to time, copies of which are to be posted on the Bulletin Board with copies to be supplied to the Union Committee;

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

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

(e) to exercise any of the rights, powers, functions or authority which the Centre had prior to the signing of this Agreement, except as those rights,

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powers, functions or authorities are abridged or modified by this Agreement.

ARTICLE 5- NO DISCRIMINATION

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

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

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

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

General issues arising from resident behaviour that might compromise employee safety are proper matters for discussion at labour/management meetings.

ARTICLE 6 - UNION SECURITY

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

6.02 The Centre shall deduct from the bi-weekly wages of the employees the regular Union dues, fees and/or assessments as set out by the Union to the Centre from time to time by letter.

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

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why the deductions were not made. The first deductions from a new employee shall be accompanied by the address, telephone number and social insurance number of the employee. The dues and initiation report will be provided in the form of e-mail (remit@ufcw175.com) or on computer diskette as well as a hard copy of the dues report being attached to the remittance cheque.

6.04 The Centre agrees to show the total amount of Union dues on the employee•s T4 slip.

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

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

6.07 All correspondence between the parties relative to the Agreement shall pass between the Administrator of the Centre or her/his designate and the President of the Local Union or his/her designate.

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

6.09 The Employer shall supply the Union office with a list of all employees on a quarterly basis. Such lists shall be forwarded via e-mail to the Union Representative listing all employees in alphabetical order and also including social insurance number, address, telephone number.

ARTICLE 7 - UNION STEWARDS AND COMMITTEE

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

7.02 A Bargaining Committee of not more than three (3) shall be selected by the Union to represent the Union at bargaining sessions. The Chief Steward, by

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virtue of their position, shall be deemed to be one (1) of the aforementioned three (3) committee members.

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

7.04 In the event either party wishes to call a meeting of the Joint Labour/Management Committee, the meeting shall be held at a time and place fixed by mutual agreement. However, such meeting must be held not later than six (6) calendar days after the request has been given, unless otherwise agreed.

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

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

(b) No employee shall act in the capacity referred to in 7.05 above until after she has completed her probationary period with the Centre.

(c) The Union acknowledges that the Stewards and members of the Bargaining Committee have regular duties to perform on behalf of the

. Centre and that such persons will not leave their regular duties without notifying their immediate Supervisor. Each Steward shall, with the consent of her Supervisor, be permitted to leave her regular duties for a reasonable length of time to function as a Steward as provided in this Agreement. Such consent shall not be unreasonably withheld. In return, the Centre will pay Stewards for any regular hours of work missed in dealings with the Centre.

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

The Union and the Employer agree to share jointly the cost of the meeting rooms used for negotiation purposes.

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

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any question as to whether a matter is arbitrable.

8.02 All complaints and grievances shall be taken up in the following manner:

STEP 1

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

STEP2

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

STEP3

Failing settlement at Step 2, the grievance may be submitted to arbitration as hereafter provided if the request is made in writing to the other party within ten (1 0) working days after the decision has been given at Step 2.

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

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

8.04 Replies to grievances shall be in writing at all stages.

8.05 The Centre shall supply the necessary facilities for the grievance meetings.

8.06 Any and all time limits fixed by this Article may at any time be extended by written agreement between the Centre and the Union except as in Article 8.02 and 8.03.

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

8.08 An employee's regular day off, if not actually worked, and Saturdays, Sundays and the paid holidays designated in this Agreement if not worked will not be counted in determining the time in which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure.

ARTICLE 9 - DISCHARGE CASES

9.01 A claim by an employee who has completed her probationary period that she has been unjustly suspended or discharged from her employment will be treated as a special grievance, commencing at Step No. 2 of the Grievance Procedure, provided the discharged person submits her written grievance, dated and signed, within ten (1 0) calendar days after the discharge occurs.

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

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9.03 It is agreed that the Stewards or the Labour/Management Committee will be notified immediately of the dismissal of any employee in the bargaining unit.

ARTICLE.10- ARBITRATION

10.01 If either party chooses to refer a grievance to arbitration, that party shall do so by giving written notice to the other party, and proposing an arbitrator from the following Jist:

Sidney Baxter Hugh Jamieson Brian Keller Michael Picher

(The parties may add to, or delete from, the Jist by agreement.)

The party receiving the referral shall respond within seven (7) days, either accepting the proposed arbitrator, or offering an alternate name. The process shall continue until an arbitrator has been selected, or the list has been exhausted. If the list is exhausted without agreement, random Jot shall select the arbitrator from among those on the agreed list.

By agreement of the parties prior to the day of the hearing, the arbitrator may act as a mediator/arbitrator.

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

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

10.04 Each of the parties hereto shall bear the expenses of the representatives appointed on its behalf and the parties hereto shall jointly bear the expense of the Arbitrator.

10.05 Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Centre and the Union, except as provided in Article 8.06.

10.06 The decision of the arbitrator shall be final and binding on the Employer, the Union, and any employee or employees affected; provided that the arbitrator shall have no power to change this agreement or to alter, modify or amend any of

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its' provisions, nor to make any decision in conflict with the provisions of this Agreement.

10.07 In determining any discharge, the Arbitrator shall have the authority to:

(a) affirm the Centre's action and dismiss the grievance;

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

(c) vary or alter the penalty imposed by the Centre or make such other determination as the Arbitrator in his or her discretion may deem just and reasonable.

10.08 The parties may, by agreement, have a grievance referred to a tri-parte Board of Arbitration, and if that occurs, the Board shall be established in accordance with the provisions of the Ontario Labour Relations Act. Such Board shall have the authority of this Collective Agreement. The decision of the majority of the Board is the decision of the Board, and if there is no majority, the decision of the chair is the decision of the Board.

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

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

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

Either party may give the other party written notice, and this sub-article would cease to have meaning and application for any grievance filed on or after the date of such notice.

ARTICLE 11 - WITNESSES

11.01 At any stage of the Grievance Procedure, including arbitration, the parties may have the assistance of the employee(s) concerned as witnesses and any other witnesses. All reasonable arrangements will be made to permit the conferring

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parties or the arbitrator(s) to have access to the Centre to view working conditions which may be relevant to the settlement of the grievance. Time spent during the grievance or arbitration shall be deemed to be time worked up to the basic work day or work week.

ARTICLE 12 - SUPPLEMENTARY AGREEMENTS

12.01 Supplementary Agreements, if any, shall form part of this Agreement and are subject to the Grievance and Arbitration Procedure. Such Agreements are only valid and binding once executed by the duly authorized representatives of the Union and the Employer.

ARTICLE 13- PROBATION

13.01 A newly hired employee shall be known as a probationary employee until she has worked forty-five (45) shifts. However, the parties may mutually agree to extend a probationary period on a case by case basis.

13.02 During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Centre at the expiration thereof, shall be considered as regular employees and shall be credited with seniority for the said probationary period.

13.03 Probationary employees may be laid off or dismissed without cause in the absolute discretion of the Centre notwithstanding any other provision of this Agreement to the contrary. The lay-off or dismissal of a probationary employee shall not be the proper subject matter of a grievance; however, a probationary employee may have recourse to the grievance procedure in the adjustment of any other complaint which is the proper subject matter of a grievance.

13.04 Probationary employees shall not be entitled to sick leave credits, or paid bereavement leave.

ARTICLE 14 - SENIORITY

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

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

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

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

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

An employee shall only lose her seniority in the event:

(a) she is discharged and is not reinstated;

(b) she resigns;

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

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

(e) They are absent from work for any reason and use the leave for a purpose other than which it was granted.

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

14.03 Both parties recognize:

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

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

14.04 Therefore, in making staff changes, transfers, or promotions, the following factors shall be considered:

(a) skill, experience, qualifications and ability.

(b) seniority.

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

Appointments from within the bargaining unit shall be made within three (3) weeks of posting. Posting shall be made for a period of five (5) days. Posting

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shall take place within five (5) days of the vacancy or new job opening occurring and the successful applicant will be named within five (5) work days.

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

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

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

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

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

14.10 The Centre may hire summer students for a fixed term. Hours of work will be made available to summer students or Christmas vacation students where the Centre has exhausted efforts to fill its vacancies with existing part-time and full­time employees. The employment of summer students will be terminated at the end of the fixed term and such termination may not form the basis of a grievance by the Union. Where a summer student is subsequently re-hired by the Centre, the summer student will be credited with seniority for all hours previously worked with the Centre.

ARTICLE 15- LAY-OFFS AND RECALLS

15.01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a lay-off, employees shall be laid off in the reverse order of their seniority. Employees shall be recalled in the order of their seniority, providing they have the skill and ability to do the work. Employees who

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

15.02 No new employee will be hired until those laid off have been given the opportunity of re-employment providing they have the skill and ability to do the work. Employees who are to be recalled are entitled, if required, to orientation as set out, and in accordance with the Letter - Orientation Rights, and their skill and ability would be assessed following the completion of the orientation period.

15.03 Notice of Lay-off

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

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

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

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

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

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

ARTICLE 16 - LEAVES OF ABSENCE

16.01 Personal Leave:

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

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16.02 Education/Union Convention Leave:

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

16.03 Jury Duty/Subpoenaed Witness Leave:

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

16.04 Seniority and Benefits during Absence:

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

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

(i) seniority will continue to accrue.

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

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

(i) seniority will not continue to accrue.

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

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

(i) seniority will continue to accrue.

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

(d) Notwithstanding the above, if an employee is absent and in receipt of WCB benefits or L TO benefits.

(i) The Centre shall continue its contributions for the employee for all benefits for six (6) months following the date on which the illness or injury began or occurred, in the case of long-term disability benefits, or for twelve (12) months following the date on which the illness or injury began or occurred, in the case of illness or injury compensable under the Workplace Safety and Insurance Act.

(ii) The Centre shall continue its contributions for the employee for all benefits until six (6) months from the date the employee became unable to work.

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

16.05 Bereavement Leave

(a) In the event of the death of a father, mother, spouse or common-law spouse, child or grandchild of an employee, the employee shall be granted leave of absence for five (5) days ending with the day following the funeral. The employee shall be paid for scheduled hours during the leave which she otherwise would have worked.

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

(c) In the event of the death of an aunt, uncle, niece, nephew, son-in-law, daughter-in-law, sister-in-law, or brother-in-law or any person residing in the same household of an employee, pay for the bereavement leave specified in Article 16.05 (a) shall be limited to the employee's scheduled hours on the day of the funeral only if she attends the funeral.

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

(e) If the interment is delayed beyond the day of the funeral, and the employee did not use their maximum number of paid days of leave, then if the employee is scheduled to work on the day of the interment, but instead attends the interment, the employee shall be paid for the day.

(f) If the funeral or related service requires significant travel, additional unpaid leave will be granted.

16.06 Pregnancy/Parental Leave

(a) Pregnancy/Parental leave shall be granted as a right in accordance with the provisions of the Employment Standards Act, except where amended in this provision.

(b) The Centre shall not deny an employee the right to continue employment during the period of pregnancy, provided the concerned employee can carry out her duties as the job normally requires. This may require medical verification.

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

Effective for leaves beginning after May 1 0, 2000, an employee who has completed ten (1 0) months of continuous service prior to the expected date of birth, and who requests a pregnancy leave, will be eligible for a supplementary unemployment insurance benefit.

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

The Employer will "top up" those benefits to seventy-five percent (75%) of the employee's regular weekly earnings. However, the maximum amount to be paid will be twenty-five percent (25%) of the employee's regular weekly earnings.

In any week, the total amount of SUB payments, and the regular rate of employment insurance benefits will not exceed seventy-five percent (75%) of the employee's regular weekly payments.

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

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

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

(a) birth of the child;

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

(c) pregnancy leave.

(e) Pregnancy/Parental Leave

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

(f) If an employee adopts a child or children, then at the time of the adoption, the employee shall be entitled to seven (7) consecutive calendar days of leave, (or such shorter period as the employee, in her discretion, may choose) beginning with the day on which the child or children first come into the care, custody and control of the employee. The employee shall be paid for pre-scheduled hours that would have otherwise been worked during the leave to a maximum of twenty-two and one half hours (22 %). This benefit is in lieu of a supplemental unemployment benefit for parental leaves.

(g) While on unpaid pregnancy/parental leave noted in (c) and/or (d) above, the Employer shall continue to make the Employer's contributions for the

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benefits covered in Article 25 unless the employee gives the Employer written notice not to do so and does not intend to pay the employee's contribution.

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

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

ARTICLE 17 - BULLETIN BOARDS

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

ARTICLE 18- DISCIPLINARY WARNINGS

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

18.02 (a) The Employer agrees that if the Employer convenes a meeting at which a written discipline, or disciplinary suspension or termination, or any other disciplinary action, is to be imposed on an employee, a steward will be present as a witness. The employee may request the steward leave the meeting, and if the Employer agrees, the steward will leave. If the Employer does not agree, the steward must remain.

(b) Unless the employee has requested the steward leave the meeting, and the Employer has agreed, and for that reason the steward is not present, any discipline imposed without a steward being present is null and void.

(c) If a steward is not immediately available, the Employer may advise the employee that the employee is subject to discipline but that the discipline is in abeyance pending the availability of a steward. At the Employer's

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discretion, the employee may be suspended pending the meeting, and such suspension is not a discipline.

(d) The Union undertakes to ensure a steward will be reasonably available and as part of these assurances, to endeavour to elect or appoint three (3) stewards within the bargaining unit.

(e) Any discipline will be imposed in a timely fashion, having due regard to the need for an appropriate investigation. Once the discipline is imposed, it will be confirmed in writing within five (5) calendar days of the meeting at which the discipline was imposed. A copy of the discipline will be provided to the Union at the same time as it is delivered or mailed, by registered post, to the employee. The time limits within which a grievance in respect of a discipline may be initiated shall be calculated beginning with the day the letter was given to the employee, or if it was mailed by registered post, two (2) business days following the day on which the letter was delivered to the postal service.

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

ARTICLE 19 - HOURS OF WORK, OVERTIME, ETC.

19.01 There will be an equitable distribution of call-in opportunities among part-time employees, in a given classification, provided such employees are not otherwise scheduled or on vacation, at the time the opportunity is available, are eligible to work in accordance with legislation or regulation, and are available at straight time rates.

At the time the system is first implemented, the call-in list will be established in descending order of seniority within classification, and the first call will be made to the most senior employee. Thereafter calls will be made by rotation.

Part-time employees must be reasonably available for call-in within their classification.

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If there are no employees in a given classification eligible or available for the call­in, it may be offered to employees in other classifications, or full-time employees working less than ten (1 0) shifts in the by-weekly pay period, in either case subject to their scheduled work or vacation, their eligibility under legislation or regulation, and their availability at straight time rates.

Part-time employees will be scheduled weekends as equitably as possible.

19.02 The normal shift shall be seven and one-half (7%) hours worked.

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

19.04 (a) There shall be a paid fifteen (15) minute break period in each half of the shift for all employees.

(b) Shifts shall be arranged so that no employees will work more than five (5) consecutive days. The Centre will endeavour to schedule two (2) consecutive days off. Employees shall have every other weekend off. This Article applies only to full- time employees.

Effective with the schedules starting in February 2012, full-time employees in the Nursing Department who work nine (9) and ten (1 0) shifts on a bi­weekly basis may request to work one (1) weekend in three (3). Such requests will be granted based on the operational needs of the Home and the staffing availability.

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

19.05 Authorized work performed in excess of seven and one-half (7%) hours per day, unless regularly scheduled in excess of seven and one-half (7%) hours per day, or seventy-five (75) hours over a two-week period shall be paid for at the rate of one and one-half (1 Y2) times the employee's regular rate of pay.

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

19.07 Overtime rates shall be based on the employee's regular rate of pay.

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

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

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

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

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

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

19.10 An employee who reports for a normal shift at her assigned starting time and who works less than four (4) hours on any day because work is not available, shall be paid for at least four (4) hours straight time; but this clause does not apply when the Centre is unable to provide work for the employee because of fire, lightning, power failure, storms or like causes of work stoppage beyond the control of the Centre. The Centre shall not incur any obligation under this clause where the employee has failed to keep the Centre informed of her current address and telephone number.

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

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

Requests for days off must be submitted twenty-one (21) days in advance to be assured consideration. Requests submitted after that deadline are considered at the Employer's discretion.

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

19.14 Appendix .. A .. is hereby made a part of this Agreement.

19.15 Call-Back or Call-in Time

An employee who has completed a normal shift and is called back to work shall be paid a minimum of four (4) hours.

19.16 A shift commencing at or about midnight shall be considered the first shift of each working day. The shift shall be deemed entirely within the calendar day in which the majority of hours fall regardless of what calendar day any part of that shift was actually worked.

19.17 (a) There shall normally be a minimum of twelve (12} hours off between regularly scheduled shifts of work except as may mutually be arranged between the Centre and the employee(s). There shall be no split shifts for employees, unless mutually agreed.

(b) Failure to provide at least twelve (12) hours' rest between shifts shall result in payment of overtime at established rates for any hours worked during the normal rest period, except as may mutually be arranged between the Centre and the employee(s).

19.18 (a) Scheduling of Shifts

Full-time employees will indicate to the Centre their preference to work 8, 9, or 10 shifts bi-weekly. It is understood the Centre will attempt to schedule these shifts, and that each individual's resultant new schedule may not reflect the same working days of their previous schedule. Conflicts may result between individual employee requests. Seniority within each department shall be utilized to resolve these conflicts and it is understood that the lower senior employees may not receive the number of shifts they request.

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

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

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(c) Forming part of Schedule "A" relating to job classifications and the hourly rate thereof, a job classification will not be changed for the purpose of evading payment of the minimum rate set out in Schedule "A". If the Employer chooses to establish a new classification, it shall do so in accordance with the procedure set out in the attachment to the Pay Equity agreement as attached to this Collective Agreement.

19.19 During the change over from standard time to daylight savings time, and vice versa, employees will be paid for the hours actually worked, at regular or overtime rates, as may be provided or required under this Collective Agreement.

ARTICLE 20 - GENERAL

20.01 All employees who work between the hours of 3:00 p.m. and 7:00 a.m. shall receive a premium of thirty cents (30¢) per hour for all hours worked.

All employees who work between the hours of 7:00 a.m. and 3:00 p.m. on Saturday or Sunday shall receive a premium of thirty cents (30¢) per hour for all hours worked.

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

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

(a) the fee for the course paid;

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

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

This clause shall not apply to changes in qualifications dictated by external sources. If additional education or upgrading is required as a result of inadequate job performance or discipline, this clause will not apply. This article only applies if the Centre, of its own choice and volition, requires the employee to take the course.

20.04 Issues which arise if staff are required to work with less than the regularly scheduled number of staff on duty are proper matter for discussion at labour management meetings.

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ARTICLE 21- VACATIONS

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

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

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

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

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

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

(f) more than thirty (30) years of service Seven (7) weeks of vacation with vacation pay of 14% of gross earnings.

In computing vacation pay based on gross earnings, the following items only shall be included: actual wages earned, overtime payments, paid holidays and shift premiums. Gross earnings shall be considered to include the previous year's vacation pay.

21.02 An employee shall not be permitted to accumulate her vacation from one year to another, except by individual agreement between the Employer and the employee.

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

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

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21.04 A vacation request sheet shall be posted by February 1st. The form will apply to the period from approximately June 1 to approximately May 30 in the year following. Employees are free to request vacation time off on this sheet. Employees may request all their vacation time off through the vacation request sheet, but are not required to do so. The sheet will be taken down on the first business day following April 1 . The Employer will then prepare the vacation schedule, and that schedule shall be posted by May 1 . A vacation schedule, once posted, shall not be changed except by mutual agreement.

Employees requesting a block of time of one (1) week shall be considered above a request for a single day, regardless of seniority.

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

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

(b) On the death of an employee, the vacation allowance will be paid to the employee's estate.

21.07 For the purpose of calculating eligibility, the vacation year shall be the period from the employee's date of last hire.

21.08 For the purpose of vacation entitlement, part-time employees shall accrue years of service on the basis of fifteen hundred (1 ,500) hours worked equals one (1) year.

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

If a part-time employee becomes a full-time employee, then in the vacation year in which the change occurs, vacation pay earned while the individual was a part­time employee will be calculated based on the relevant part-time percentages, and vacation pay earned while the individual is a full-time employee will be calculated based on the relevant full-time percentages. In subsequent years vacation pay will be calculated based on the full-time percentages.

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

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

Employees must request such days on the vacation request form, or request such days at least twenty-one (21) days in advance to be assured consideration. Requests with less than twenty-one (21) days' notice are considered at the Employer's discretion.

Employees with three (3) weeks of vacation may use a week of vacation as single days. Employees with more than three (3) weeks of vacation may use two (2) weeks of vacation as single days.

21.10 Employees on vacation shall not be scheduled or called in, and if the employee is called, the employee is free to refuse the call in.

21.11 During the summer months of July and August, a maximum of four (4) weeks of vacation will be granted to each employee, unless there are special circumstances involved which would be considered for the granting of more than four (4) weeks during that time, and until all employees have had an opportunity for some summer vacation. The summer schedule will be posted by May 1st.

ARTICLE 22- PAID HOLIDAYS

22.01 The following days shall be recognized as paid holidays:

(a) New Year's Day Family Day Good Friday Easter Monday Queen's Birthday Canada Day*

*to be observed July 1st

Labour Day Thanksgiving Day Christmas Day Boxing Day

(b) Two (2} floating holidays to be taken at a time agreed upon between the Centre and the employee. Any requests for float holidays off will be considered in the order by which the requests are received, with the first request received being the first request considered. All requests are considered consistent with the operational needs of the Centre. Where such requests are made with at least ten (1 0) days notice, and the request can be granted, the Employer will be responsible for obtaining a replacement. Where the request is made with less than ten (1 0) days'

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notice, and the request can be granted, the employee will be responsible for obtaining a replacement.

(c) If another Federal or Provincial holiday is proclaimed during the term of this Agreement, such additional holiday is to be recognized as a paid holiday in Article 22.01 (a).

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

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

The Employer reserves the right, in circumstances in which it would be appropriate to exercise that right, and particularly, if the employee has failed to work both the shift prior and following the holiday, to require the employee to provide appropriate confirmation of the cause, and where the employee fails to provide such confirmation, to deny any payments.

22.03 An employee's pay for the holiday shall be equal to the total amount of regular wages and vacation pay payable to the employee in the two (2) pay periods immediately prior to the pay period in which the holiday occurred, divided by 20.

Regular wages means the employee's hourly rate of pay times the number of hours worked at straight time rates. Vacation pay is any vacation pay paid to the employee during the two (2) pay periods immediately prior to the pay period in which the holiday occurred.

Notwithstanding the foregoing, in certain circumstances, full-time employees may have a different calculation.

Full-time employees, for the purposes of this sub-Article, are employees who regularly work eight (8) shifts or more per bi-weekly pay period. Full-time employees shall receive holiday pay as follows:

10 shifts 9/1 0 shifts* -9 shifts 8/9 shifts** 8 shifts

1 00% of holiday pay 1 00% of holiday pay 97% of holiday pay 97% of holiday pay 94% of holiday pay

(*is nineteen (19] shifts in two [2] consecutive pay periods. **is seventeen [17] in two [2] consecutive pay period.)

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Days worked include paid vacation days, paid holidays and paid sick days.

Holiday pay, in these circumstances, is based on the duration, in hours, of the employee's regular shift, presuming such shifts are of a consistent duration, or the average number of hours of the shifts, if the shifts are not of consistent duration.

If the full-time employee does not work at least eight shifts, (inclusive of paid vacation days, paid holidays and paid sick days) then the holiday pay is calculated in accordance with the first two paragraphs of this sub-Article.

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

22.05 An employee may take a holiday with pay at any time within the ninety (90) days following the holiday, provided such time is mutually agreeable between the employee and the Employer, but if the employee does not take the holiday during the ninety (90) days, the holiday pay is automatically paid out and the time off is lost.

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

22.06 If one of the holidays listed in section .01 occurs during an employee's vacation, section .05 applies.

ARTICLE 23- CLASSIFICATIONS AND WAGES

23.01 Classifications and wages are set out in Appendix "A" of this Agreement.

23.02 The Employer agrees that wages will be paid by direct deposit bi-weekly on every second Thursday in accordance with Article 23.01 of this Agreement. On each pay day, each employee shall be provided with an itemized statement of her wages and deductions.

23.03 The employees will receive their pay stubs at the shift end on each pay day. The Employer will pay the employees no later than 1:00 p.m. on the last regular banking day before a Statutory Holiday.

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23.04 In the event of an error on an employee's pay, the correction will be made in the pay period following the date on which .the overpayment comes to the Employer's attention. If the error results in an employee being underpaid by one (1) day's pay or more, the Employer will provide payment for the shortfall within three (3) business days from the date if is notified of the error.

ARTICLE 24- PAID LEAVE

Employees Hired Prior to May 10, 2000

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

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

(c) A part-time employee shall be entitled to a credit of one (1) day per one hundred and twelve and one half (112%) hours worked to a maximum of twelve (12) days. This entitlement shall be credited to each employee upon completion of each one hundred and twelve and one half (112%) hours worked.

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

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

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

(g) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible, at least four (4) hours before the start of the afternoon and night shifts and two (2) hours before the start of the day shift, if possible, so that proper measures can be taken for replacement.

Employees Hired Effective May 10, 2000

24.02 (a) Employees hired after May 1 0, 2000, who have completed probation, shall

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be paid forty cents (40¢) per hour paid by the Employer in lieu of any form of Employer paid sick leave.

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

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

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

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

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

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

(f) An employee who is unable to report for duty on her regularly scheduled shift shall notify the Centre of her illness as far in advance as is reasonably possible, at least four (4) hours before the start of the afternoon and night shifts and two (2) hours before the start of the day shift, if possible, so that proper measures can be taken for replacement.

ARTICLE 25 - HEALTH AND WELFARE

25.01 Pension Plan

(a) The Centre agrees to contribute seventy cents (70¢) per hour to the Canadian Commercial Workers Industry Pension Plan ("Pension Plan") for all hours paid to full-time and part-time employees. Hours paid shall not include weekly indemnity payments.

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

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negotiations and grievance meetings.

(c) The Centre agrees to sign a ~~Participation Agreement 11, and supply any

other documents, forms, reports or information required by the Trustees of the Pension Plan. The Centre shall forward all contributions, together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period, within fifteen (15) days following the end of each of the Centre's four (4) or five (5) week accounting periods.

(d) The Employer will deduct the following pension contributions from an employee's bi-weekly pay:

i. For employees with 2-8 years' service - $0.22/hour (for the same hours the Employer contributes to the Pension Plan)

ii. For employees with more than 8 years' service - $0.40/hour (for the same hours the Employer contributes to the Pension Plan)

25.02 Group Insurances

The Employer agrees to adhere to the United Food and Commercial Workers Benefit Trust Fund and contribute to the fund of the United Food and Commercial Workers Benefit Trust Fund an amount equal to 8.5% of gross insured monthly earnings plus applicable taxes of all eligible employees having completed three (3) months of continuous service. Effective July 30, 2016 this increases to 9.00%.

All such employees must adhere to the Plan and contribute to the Fund by means of weekly salary deductions an amount equal to 3.5% of their respective gross insured weekly earnings plus applicable taxes, or any other reasonable basis of contribution determined by the Board of Trustees of the Commercial Workers Group Insurance Plan.

25.03 Dental Plan

The Centre will pay thirty-three cents (33¢) per hour worked and paid plus applicable taxes to all bargaining-unit employees, up to a maximum of seventy­five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario.

Effective April 23, 2015, the Centre will pay thirty-six cents (36¢) per hour worked and paid plus applicable taxes to all bargaining-unit employees, up to a maximum of seventy-five (75) hours per pay period into the United Food and Commercial Workers Trusteed Dental Plan - Ontario.

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

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

ARTICLE 26 - JOINT HEALTH AND SAFETY COMMITTEE

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

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

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

26.04 The Joint Health and Safety Committee and the representatives thereof shall have reasonable access to the annual summary of data from the Workplace Safety and Insurance Board relating to the number of work accident fatalities, the number of lost workday cases, the number of lost work days, the number of non­fatal cases that required medical aid without lost work days, the incidence of occupational injuries, and such other data, as the Workplace Safety and

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Insurance Board may decide to disclose.

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

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

26.07 Effective with the calendar year 2008, the Employer will pay the equivalent of normal working hours to a Union selected employee in order for that employee to participate in Health and Safety training as provided by the Union or other certified body, this to a maximum of four (4) working days per year. This is over and above the legislated requirements.

ARTICLE 27 - COPIES OF THE AGREEMENT

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

ARTICLE 28 - CLOTHING ALLOWANCE

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

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

Dollar Value

Hours Worked 2007 2008 2009

300 hours or more, but less than 600 hours $27.00 $28.00 $28.50

600 hours or more, but less than 900 hours $54.00 $55.00 $55.75

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900 hours or more, but less than 1200 hours $81.00 $82.50 $83.50

1200 hours or more, but less than 1500 hours $107.00 $109.00 $110.50

1500 hours or more $134.00 $136.00 $138.00

ARTICLE 29 - MISCELLANEOUS

29.01 Where the Centre temporarily assigns an employee to carry out the responsibilities of a supervisor, she shall receive an allowance of seventy-five cents (75¢) per hour worked for each shift assigned.

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

29.03 (a) When employees are assigned temporarily to perform duties and assume the responsibilities of a higher-paying position in the bargaining unit for a period in excess of one-half (Y2) shift, she shall receive the rate immediately above her current rate for the commencement of the shift she was assigned the job.

(b) Should an employee be required to relieve a Co-ordinator in excess of four (4) hours, such employee shall receive a premium of seventy-five (75¢} cents on her regular rate of pay for all hours worked provided the rate of pay thus established does not exceed the Co-ordinator's rate of pay, in which case the rate thereto shall be the Co-ordinator's rate.

29.04 Protective clothing and/or other devices upon request will be provided for employees when dealing with infection or other communicable diseases. Effective January 12, 2004 all employees who may be at risk will be offered Hepatitis B vaccinations at the Centre's expense.

29.05 Health, Office and Professional Employees, U.F.C.W. Education & Training Fund

1) The Centre will contribute, on an annual basis, the sum of seven hundred fifty dollars ($750.00}, by July 1st of each year to the Local 175, Employees Education and Training Fund.

2) The Centre shall sign the entry forms provided.

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

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ARTICLE 30 - RESIDENT ABUSE

30.01 At the time of ratification of this Collective Agreement by the employees, the Union will inform the employees that 11 Physical or verbal abuse of a resident may result in the automatic dismissal of the employee without prior warning of her discharge.

30.02 Staff Abuse by Residents

The parties of the Joint Labour/Management Committee have developed a policy on this matter. This policy will be reviewed with new employees at orientation. The Committee may review this policy from time to time.

ARTICLE 31 -DURATION

31.01 This Agreement shall remain in force and effect from May 1, 2014 until April 30, 2016 and until all provisions of the Ontario Labour Relations Act and the Hospital Disputes Labour Arbitration Act have been expended.

31.02 Either party may give the other party notice in writing of renewal and/or amendment of this Agreement at any time within ninety (90) days of April 30, 2016. The parties shall agree to meet within fifteen (15) days of such notice being received.

NOTE: All changes with the exception of wages (Schedule A) which become effective on the specified dates and others so noted in the various amendments shall become effective following ratification of this Agreement.

{'} I 7 ·fl- C\_ (\ Dated at _.!JJ~,,g&i=t.::::'-'~---' this __.!.,_ __ day of ~rU'- '2016.

ON BEHALF OF PERTH COMMUNITY CARE CENTRE

~~

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ON BEHALF OF THE UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175

"M ~

SCHEDULE II A11

The rates of pay and classifications shall be as follows:

Classification

Registered

Practical Nurse

Certified Cook

Cook

Graduate Health Care Aide or

Certified Personal Support

Worker or Restorative/

Rehabilitation Care Aide

Nurse Aide

Dietary, Housekeeping,

Laundry or Maintenance

Aides

Co-ordinators or

Maintenance

Activation Aide

Schedule "A" Perth Community Care Centre &

UFCW

Effective Date

May 1, 2014

May1,2015

May 1, 2014

May 1, 2015

May 1, 2014

May 1, 2015

May 1, 2014

May 1, 2015

May 1, 2014

May 1, 2015

May 1, 2014

May 1, 2015

May 1 2014

May 1, 2015

May 1, 2014

May 1, 2015

After After One Two

Start Year Years

$21.20 $22.49 $23.41 $21.48 $22.78 $23.71

$18.02 $19.02 $19.55 $18.25 $19.27 $19.80

$17.40 $18.39 $18.91 $17.63 $18.63 $19.16

$17.36 $18.53 $18.91 $17.59 $18.77 $19.16

$16.99 $18.17 $18.52 $17.21 $18.41 $18.76

$16.92 $18.09 $18.42 $17.14 $18.33 $18.66

$18.64 $19.09 $19.56

$18.88 $19.34 $19.81

$17.36 $18.53 $18.91 $17.59 $18.77 $19.16

For placement on the salary grid (Schedule A), part-time employees shall accrue a year of service on the basis of fifteen hundred (1 ,500) hours worked equals one (1) year.

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

"Proxy" Pay Equity adjustments totalling $1.50 are included in these rates.

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SIGNING PAGE FOR LETTERS OF INTENT

Letter re: Orientation Right . .. . .. . .. .. .. .. .. . .. .. .. .. .. .. .. .. . . .. .. . .. . .. . . . . . . .. .. .. . .. .. . .. . .. .. . . 38

Letter re: Dignity and Respect in the Workplace......................................... 40

Letter re: RPN Registration Reimbursement .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .... .. 41

Letter re: UFCW Charity Fund (Leukemia)................................................. 42

Dated at t, . .Jiv l. ·f t- ft.... n. , this _ day of =tN'-'-'~ J 2016.

ON BEHALF OF PERTH COMMUNITY CARE CENTRE

~

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ON BEHALF OF THE UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175

LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

RE: ORIENTATION RIGHT

New employees, at the time of hire, are scheduled to a certain number of orientation shifts. During such shifts, the individuals are "extra" to the Employer's normal complement of workers.

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

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

i. lacks previous experience, or

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

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

Employees, other than employees hired as registered practical nurse, working orientation shifts, and working as an "extra", shall be paid at the Ontario minimum wage. Employees hired as registered practical nurses shall be paid at the start rate for the classification.

The Ontario minimum wage is as follows:

October 1, 2015 October 1 , 2016

$11.25 $11.40

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

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

Where a regular employee is assigned to "train" the new employee (including new employees hired as registered practical nurses), during the orientation period, the regular employee will be paid a premium of $1.00 per hour in addition to their normal hourly rate of pay. The Employer will designate the regular employee.

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LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

RE: DIGNITY AND RESPECT IN THE WORKPLACE

Your Union and your Employer jointly commit to promoting dignity and respect in the workplace.

We will not accept any behaviour by staff that does not represent dignity and respect towards other staff.

Staff includes management, supervisors, Union members, and Union Stewards.

Such unacceptable behaviour includes:

Making derogatory, demeaning, or belittling comments about other staff.

Bullying or intimidating other staff.

Shunning or ostracizing other staff.

Making or repeating false or unfairly negative or belittling statements or comments about other staff.

Unfair or public criticisms of a co-worker's workplace job performance or abilities.

Yelling or screaming at a co-worker, or other public displays of behaviour which would reasonably be seen as threatening or demeaning.

A lack of respect for a position's authority in the workplace, whether that position be a manager, a supervisor, another Union member, or a Union Steward or other representative, including a failure to recognize the authority, or an attempt to undermine the authority.

A failure to respect or maintain confidentiality in respect of another staff member.

Staff who fail to meet these standards, or who violates these standards, may be subject to sanctions as deemed appropriate.

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LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

RE: REGISTERED PRACTICAL NURSE REGISTRATION REIMBURSEMENT

If a registered practical nurse is employed as of January 1st, and remains employed as of the following December 31St, then the Employer will reimburse the nurse for registration fees for that calendar year in accordance with the following:

• If the nurse worked at least 250 hours, the reimbursement will be $25.00;

• If the nurse worked at least 500 hours, the reimbursement will be $50.00;

• If the nurse worked at least 750 hours, the reimbursement will be $75.00;

• If the nurse worked at least 1000 hours, the reimbursement will be $1 00.00;

• If the nurse worked at least 1250 hours, the reimbursement will be $125.00.

The reimbursement will be paid not later than February 15th of the following year.

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LETTER OF AGREEMENT

BETWEEN

PERTH COMMUNITY CARE CENTRE

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

RE: UFCW CHARITY FUND (LEUKEMIA)

WHEREAS the parties wish to establish a method by which employees can make voluntary contributions to the UFCW Leukemia Charity Fund through payroll deductions,

THEREFORE:

1. The Employer agrees to make and remit such deductions, upon authorization, in accordance with the provisions of this letter.

2. The Union, through appropriate representatives, will provide employees forms to authorize such deductions.

3. Participation is voluntary.

4. Signed forms will be delivered to the Employer through the appropriate representatives, or by the individual employee.

5. Amounts to be deducted must be expressed in dollars and cents, and represent a consistent deduction from pay period to pay period.

6. The Employer will begin to deduct the specified amount once the authorization has been received.

7. Deductions will be made from every pay for which the employee has earnings, but if there are no earnings, there are no deductions for that pay.

8. Deductions may be increased, decreased, or cancelled by written notice, signed by the employee.

9. Deductions will be remitted by the 25th day of the month following the month in which the deductions were made. The Employer will provide a summary listing the names of the individuals who have donated in that month, the amount the individual donated, and the total amount deducted and remitted.

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1 0. The Union shall hold the Employer harmless from any claim that may arise from any deduction the Employer makes and remits in accordance with the provisions of this letter.

11. The Employer will show the total amount deducted as a charitable donation on the employee's T 4.

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