COLLECTIVE AGREEMENT

COMPASS GROUP CANADA LTD. AT THE RUNNYMEDE HEAL THCARE CENTRE

DIETARY SERVICES TORONTO, ONTARIO

(HEREINAFTER CALLED THE "EMPLOYER")

-AND-

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL I CANADA

C.L.C.

EFFECTIVE: October 11,2013 EXPIRY: October 10, 2016

Unit #12A

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 5 Article 8 Grievance and Arbitration 7 Article 9 Seniority 11 Article 10 Job Security 13 Article 11 Job Posting 19 Article 12 No Contracting Out 21 Article 13 Work of the Bargaining Unit 21 Article 14 Technological Change 21 Article 15 Leaves of Absence 22 Article 16 Hours of Work 29 Article 17 Premium Payment 31 Article 18 Allowances 32 Article 19 Health and Safety 33 Article 20 Paid Holidays 35 Article 21 Vacations 36 Article 22 Health and Insured Benefits 37 Article 23 Injury and Disability 39 Article 24 Sick Leave 40 Article 25 Compensation 41 Article 26 Relationship 44 Article 27 Paid Education Fund 44 Article 28 Duration 44

Schedule "A" 46

Letters of Understanding 47

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the employer 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 employees within the bargaining unit.

ARTICLE 2 -SCOPE AND RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent of all Dietary employees of Compass Group Canada Ltd., at the Runnymede Employer, Toronto, Ontario, save and except supervisors, persons above the rank of supervisor, dietitians, student dietitians, chef and office staff.

2.02 No employee shall be required or permitted to make any written or verbal agreement with the Company or its representatives which may conflict with the terms of this collective agreement.

ARTICLE 3 -MANAGEMENT RIGHTS

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

(a) Maintain order, discipline and efficiency;

(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 that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the Grievance Procedure.

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

(d) Generally to manage and operate 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

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required from time to time, the standards of performance for all employees and all other matters concerning the dietary operations, not otherwise specifically dealt with elsewhere in this Agreement.

(e) The Employer will exercise these rights in a manner consistent with the Collective Agreement.

(f) The Employer agrees prior to the introduction of any new policy or procedure relating to terms and conditions of employment the Union will be advised by providing a copy of such policy to the Union Representative.

ARTICLE 4 - DEFINITIONS

4.01 Seniority

Full time seniority shall commence at date of last hire with Compass Group Canada at Runnymede Healthcare Centre and . shall continue uninterrupted until the employment relationship has severed. Part-time seniority shall accrue on all hours paid. Each one thousand seven hundred and twenty-five (1725) hours paid shall equate to one (1) year of seniority and/or service where a conversion may be required.

Seniority will operate on a bargaining unit wide basis.

4.02 Emergency

Shall be defined as a condition that is unforeseen and/or beyond the control of the Employer that requires immediate action and where there is no qualified bargaining unit personnel available to perform such emergency work.

4.03 Probationary Employee

New employees shall be considered probationary employees for a period of thirty (30) worked days for full-time employees or two hundred and twenty-five (225) hours worked for part-time employees, after which time the employee's name shall be placed on the respective seniority list and seniority shall date back to the date of hiring.

4.04 Immediate Family

Shall mean spouse including common law and same sex, child including

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adopted or guardianed, parent, brother, sister, guardian or step-parent.

4.05 Part-time Employees

Is an Employee who may be scheduled to a maximum of twenty-four (24) weekly or 48 bi-weekly.

4.06 Full-time Employee

Is an employee who is regularly scheduled more than twenty-four (24) hours weekly or forty eight hours bi-weekly.

4.07 Regular Straight Time Rate of Pay

The regular straight time rate of pay is that which is prescribed in Wage Schedule "A" in this agreement.

4.08 Where the masculine pronoun is used herein, it shall mean and include the feminine pronoun where the context so provides

ARTICLE 5 - UNION SECURITY

5.01 Union Dues

As a condition of employment, the Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly union dues designated by the Union.

Such dues shall be deducted from the first pay of each month for full-time employees, and may be deducted from every pay for part-time employees. In the case of newly hired 'employees, such deductions shall commence upon hire.

The Employer agrees to deduct the minimum dues from each employee as advised by the Secretary Treasurer of SEIU Local 1 Canada.

The Employer agrees to deduct from each Employee upon hire an initiation fee as advised by the Secretary Treasurer of SEIU Local 1 Canada.

The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive

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authority to make the deductions specified.

In consideration of the deducting of Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

Dues deducted by the 15th of the month shall be remitted monthly to the Union, no later than the end of the month in which the dues were deducted.

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

The Employer agrees to comply with all dues and assessment deductions as directed by the Secretary Treasurer of SEIU Local 1 Canada.

Information to the Union

The employer shall, when remitting dues, name the employees and provide employee numbers from whose pay deductions have been made. The employer will notify the Union of any employees on leave.

The Employer will supply the Union with the name, current address, classification, S.l. N. and other relevant information of the employees with the first dues deduction.

The Employer agrees to provide the Union with employee addresses on the first dues deduction and on an annual basis.

The Employer will also forward any interim changes of contact information they have received to the Union, as they arise.

The employer will supply the Union's Business Representative with a list of the names of the Supervisors, upon request, but not more than twice per year.

The Employer will forward a list of dues deducted identified by bargaining unit in an electronic format.

5.02 Union Orientation

It is mutually agreed that arrangements will be made for a Union Steward to interview each new employee once during the first thirty (30)

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days of employment for the purpose of informing such employee of the existence of the Union in the workplace. The Employer shall advise the Union monthly as to the names of the new employees listed for interview and the time and place on the premises of the Employer designated for each such interview, the duration of which shall not exceed fifteen (15) minutes.

ARTICLE 6 - NO STRIKE/LOCKOUT

6.01 There shall be no strikes or lockouts so long as this collective agreement continues to operate. The word "strike" and the word "lockout" shall have the meaning as set forth in the Ontario Labour Relations Act, as may be amended from time to time.

ARTICLE 7- UNION REPRESENTATION AND COMMITTEES

7.01 Grievance Committee

(a) The Employer will recognize a Grievance Committee composed of the Chief Steward and not more than two (2) Stewards 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.

(b) The Union shall keep the Employer 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 Employer up to, but not including arbitration.

7.02 Union Stewards

(a) The Employer agrees to recognize two (2) Union stewards plus a Chief Steward Union stewards to be elected or selected from amongst employees in the bargaining unit who have completed their probationary period for the purpose of dealing with Union business.

(b) The Chief Steward may, in the absence of any steward, assist

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in the presentation of any grievance, or with any steward function.

(c) The Union shall keep the Employer 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 Employer 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 in 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) Nothing in this Article shall preclude full-time stewards from representing part-time employees and vice versa.

7.03 Local Negotiating Committee

(a) The Employer agrees to recognize a Negotiating Committee comprising of three (3) members to be elected, or appointed from amongst the Steward body.

(b) The Employer 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 Employer up to, but not including, arbitration.

(c) 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 the Employer.

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 Labour­Management Committee Meeting during the term of this Agreement, the following shall apply.

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An equal number of 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.

Labour Management Meetings shall be scheduled during the employees' shifts.

Any representative(s) attending such meetings during their regularly scheduled hours of work shall not lose earnings as a result of such attendance.

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 The Employer shall provide a Bulletin Board for the purpose of the Union communicating with the members. All such notices must be signed by a recognized officer of the local Union, and copies of all items to be posted shall be provided to the Director or his or her authorized designate at the time of posting for approval to be posted.

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 Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement.

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

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

Where the Employer deems it necessary to suspend or discharge an

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employee, the Employer shall notify the Union of such suspension or discharge in writing, within three (3) days. Time Limits for Step 2 of the Grievance Procedure shall commence the day following the receipt of the notice in writing involving the suspension or discharge.

Where the Employer has deemed it necessary to suspend or give discipline that is to be placed on the Employee's file the Employer shall provide a copy to the Employee and the Chief Steward. Counselling shall not be considered as discipline.

The parties agree that the Employer will remove all discipline from the employee's file provided that:

(a) no discipline is received for a period of 18 months; (b) the misconduct giving rise to the discipline did not violate the law or an

issue constituting a breach of trust.

8.04 Complaint Stage

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

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.

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

Step 1

The Union shall submit the grievance, in writing, signed by the Grievor and the Steward, to the Department Head. The employee may be accompanied by a Union steward. The Department Head will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him.

The Grievance Committee and the Employer may meet to discuss the grievance at a time and place suitable to both parties but no later than five (5) days from the submission of the grievance.

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The Employer shall respond to the grievance providing their response in writing with reasons to the grievance five (5) days following the date it was submitted or five (5) days following a meeting of the parties if such a meeting was convened.

Failing a resolution at Step 1 the grievance may proceed to the next step.

Step 2

Within five (5) days following the decision at Step1the grievance shall be submitted in writing to the District Manager.

A meeting will then be held between the District Manager or their designate and the grievor, the Grievance Committee who may be accompanied by the general representative of the Union, 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 Employer shall be delivered in writing with reasons no later than ten (1 0) days following the date of such meeting.

8.05 Policy Grievance

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

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

Where the grievance is a Employer grievance it shall be filed with the Union Representative responsible for the Bargaining Unit within ten (1 0) days following the circumstances giving rise to the grievance or ought reasonably to have come to the attention of the Employer.

8.06 Group Grievance

Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving, to the District Manager or their designate, within ten (1 0) days after the

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circumstances giving rise to the grievance or ought reasonably have come to the attention of the employees. 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.

8.07 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, or by the Union steward at Step 2 of the grievance procedure to the Employer 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 Employer'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.

8.08 (a) Failing settlement under the foregoing procedure any grievance may be submitted to arbitration within ten (1 0) days following the Step 2 decision.

(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 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.

8.09 Arbitration

Any dispute or grievance concerned with the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the Grievance Procedure provided by Article 8 hereof, and which has not been settled may be referred to a Board of Arbitration at the request of either of the parties hereto, provided that it shall be deemed to be abandoned if written notice of intent to arbitrate is not forthcoming from either party five (5) working days after the final decision has been announced by either party.

8. 1 0 The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union and a third

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person to act as Chairman chosen by the other two members of the Board.

8.11 No person shall be selected as arbitrator who has participated in an attempt to negotiate or settle the grievance or dispute.

8.12 Within seven (7) days of the request of either party for a Board, each party shall notify the other of the name of its appointee.

8.13 Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third person within seven (7) days of the notification mentioned in the above paragraph, the Minister of Labour of the Province of Ontario shall be asked to appoint a third member to act as Chairman.

8.14 The decision of a Board of Arbitration, or a majority thereof, constituted in the above manner shall be binding on both parties.

8.15 The Board of Arbitration shall not have power to alter or change any of the provisions of this Agreement or to substitute any new provision for any existing provision, nor to give any decision inconsistent with the terms and provisions of this Agreement.

8.16 Each of the parties to this Agreement shall bear the fees and expenses of the arbitrator appointed by it, and the parties shall each pay one-half of the fees and expenses, if any, of the Chairman.

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

ARTICLE 9 - SENIORITY

Seniority means lengths of service with the Employer at the Runnymede Healthcare Centre.

9.01 The Employer will maintain separate seniority lists for Full-time and Part­time.

The Full-time Seniority list shall be sorted by Classification and Date of Seniority commencing with the highest seniority. The list shall also include the wage rate, Service and Department.

The Part-time Seniority list shall be sorted by Classification and total hours worked. The list shall also include date of hire, wage rate,

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Service and Department.

The Employer shall post, provide a copy to the Chief Steward and to the Union Representative of the Seniority List on the 15th of January and July each year.

9.02 Loss of Seniority

An employee shall lose all seniority and 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 for a period of three (3) or more consecutive working days without notifying the Employer of such absence and providing a reason satisfactory to the Employer;

(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 twenty-four (24) months;

(f) employee fails, upon being notified of a recall, to signify his intention to return within five (5) working days after he 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;

9.03 Effect of Absence

Unless otherwise provided in this Collective Agreement:

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

(b) During an unpaid absence exceeding thirty (30) 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

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addition, the 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 Employer will continue to pay its share of the premiums up to thirty (30) months while an employee is in receipt of WSI B or LTD benefits. Such payment shall also 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.

(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 during maternity or adoption leave or for a period of thirty (30) months if an employee's absence is due to disability resulting in W.S.I.B. or LTD benefits, or for a period of one (1) year if an employee's unpaid absence is due to an adoption leave or an illness.

9.04 (a) The Union acknowledges that in the circumstances of promotions and transfers, the Employer's considered judgement as to the efficiency and suitability of an employee for any particular task must be accepted, and the function of the Union in dealing with complaints or grievances arising out of this clause will generally consist of ascertaining that all relevant facts and circumstances have been adequately considered by the Employer. With this understanding seniority will apply to promotions, demotions, transfers and to reduction of staff, provided that with respect to demotions and staff reductions the Employer shall also take into consideration the relative efficiency, merit and ability of the employees concerned in order that an efficient staff of employees may be maintained.

(b) Any complaint or grievance having to do with the observance or non-observance of seniority rules may, be submitted to arbitration if the parties cannot mutually agree upon a settlement.

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

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adversely affect the bargaining unit and through to the final phases of the process.

(b) Staff Planning Committee

In addition to that, and to any other planning committee in the Employer of a more broadly representational make-up, there shall be immediately established a Staff Planning Committee for the bargaining unit, which shall meet during the term of this agreement every three 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:

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

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

(iii) identifying vacant positions within the Employer 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.

Composition and Meetings

The Committee shall be comprised of equal number of representatives of the Employer and from the Union. The number of representatives is to be determined locally, and shall consist of at least two 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 Employer at his or her regular or premium rate as may be applicable. The Employer shall make typing and other such clerical assistance avaiJable 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.

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Disclosure

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

Accountability

The Committee shall submit its written recommendations to the Chief Executive Officer of the Employer and the Board of Trustees. 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 Employer 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

10.02 Notice of Lay-off

(a) 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) 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;

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

(ii) 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;

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

(v) 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.

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

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

10.03 (a) Severance and Retirement Options

(i) Where an employee resigns within 30 days after receiving notice of layoff 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 two (2) weeks' salary for each year of continuous service to a maximum of twelve (12) weeks' pay, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of three thousand ($3,000.00) dollars.

(iO Where an employee resigns later than 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 ,250.00) dollars.

(b) Retirement Allowance

Prior to issuing notice of layoff pursuant to Article10.02 (a) (ii) in any classification(s), the Company will offer early-retirement allowance to a sufficient number of employees who would be 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 10.02(a) (ii).

(c) Within thirty (30) days from the date of notice of layoff, an employee who has received notice of Jay-off of a permanent or long-term nature may retire provided that the employee would be eligible to retire under the terms of the Hospitals of Ontario Pension Plan.

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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 twenty-six (26) weeks on the basis of the employee's normal weekly earnings. In addition, full-time employees will receive a lump sum payment equal to $1,000.00 for every year less than age 65, to a maximum of $5,000.00

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

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

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

10.04 Regional Staff Planning Committees

Not Applicable

10.05 Layoff and Recall

(a) In the event of lay-off, the Employer 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

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(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: An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate.

In the event that there are no employees with lesser seniority in lower or identical paying 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.

The decision of the employee to choose (a) or (b) above shall be given in writing to the designated Employer 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) 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 before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed.

(d) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Employer 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.

(n 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.

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(g) It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second 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 Employer.

(h) Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed ten (1 0) working days. 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.

(i) 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.

j) 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.

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

10.06 Benefits on Lay-off

In the event of a lay-off of a full-time employee, the Employer 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 Employer, such vacancy shall be posted by the Employer for a period of seven (7) days, excluding Saturday, Sunday and holidays. Vacancies created by the filling of an initial permanent vacancy within the

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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 Employer agrees that it shall post all vacancies within thirty (30) calendar days of the position becoming vacant, unless the Employer provides the Union with notice under Article 10.02 (a) of its intention to eliminate the position.

11.02 The postings referred to in Article .01 shall stipulate the qualifications, classification, rate of pay, department and shift and a copy shall be provided to the Chief Steward.

11.03 In matters of promotion and staff transfer, appointment shall be made of the senior applicant able to meet the normal requirements of the job. Successful employees need not be considered for other vacancies within a six (6) month period unless an opportunity arises which allows an employee to change his or her permanent status.

The Employer shall provide a copy of all successful internal and external applicant postings to the Chief Steward.

11.04 The Employer 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. No grievance may be filed concerning such temporary arrangements.

11.05 The successful applicant will be placed in the vacancy for a trial period not exceeding thirty (30) 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.

11.06 Successful applicants and newly hired employees will not be permitted to apply for job postings or any subsequent vacancies for a period of three (3) months, unless otherwise mutually agreed.

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ARTICLE 12- NO CONTRACTING OUT

12.01 The Employer shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contacting out, would result in a layoff of any employees from such contracting out.

ARTICLE 13 -WORK OF THE BARGAINING UNIT

13.01 Work of the Bargaining Unit

Persons not covered by the terms of this 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.

Note: The purpose of this clause is the protection of the work of the bargaining unit employees and not the broadening of that work to other areas.

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 Employer has decided to introduce a technological change which will significantly alter the status of an employee within the bargaining unit, the Employer 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 employer 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 six (6) months.

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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.

14.05 Employees who are pregnant shall not be required to operate VDTs. At their request, the Employer shall temporarily relocate such employees to other appropriate work without loss of employment benefits, but at the wage rate of the job in which the employee is relocated. The determination of the appropriate alternative work shall be at the discretion of the Employer and such discretion shall not be exercised in an arbitrary or discriminatory manner. If such work is not available or if the employee does not wish to accept the alternative work, the employee may be placed on unpaid leave of absence.

14.06 Each employee required to use a VDT more than four (4) hours per day, shall be given eye examinations at the beginning of employment or assignment to VDTs and every twelve (12) months thereafter. The eye examinations shall be paid for by the Employer where not covered by OHIP.

ARTICLE 15 - LEAVES OF ABSENCE

15.01 Bereavement Leave

Any employee who notifies the Employer 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, or parent. Any employee who notifies the Employer as soon as possible following a bereavement of a son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, and grandchild will be granted bereavement leave for three (3) consecutive scheduled days off without loss of pay.

An employee shall be granted one (1) scheduled day of bereavement leave aunt, uncle, niece, or nephew.

The Employer, in its discretion, may extend such leave with or without pay. Where an employee does not qualify under the above-noted conditions, the Employer may, nonetheless, grant a paid bereavement leave

One day of Bereavement Leave may be reserved for internment at a later

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date.

15.02 Education Leave

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

(b) A leave of absence, without pay, to take further education related to the employee's work with the Employer may be granted upon written application by the employee to the administration of the Employer. It is further understood and agreed that the Employer 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 Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full costs associated with the courses.

15.03 Jury and Witness Duty

If a scheduled 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 Employer, the employee shall not lose regular pay because of such attendance provided that the employee:

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

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

(c) deposits with the Employer the full amount of compensation received excluding mileage, travelling and meal allowances and an official receipt thereof for only the days the employee was scheduled.

In addition to the foregoing, where a scheduled 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 Employer on his regularly scheduled day off, the Employer will attempt to reschedule the employee's regular day off, it being understood that any rescheduling shall not result in the payment of any premium pay. Where the Employer is unable to reschedule the employee and, as a

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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 one­half (1 1/2 ) his regular straight time hourly rate subject to (a) (b) and (c) above.

Where the employee's attendance is required during a different shift than he is scheduled to work that day, the Employer 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.

Where the Employer 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 (a)(b) and (c) above.

15.04 Pregnancy Leave

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

(b) The employee 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. At such time she shall also furnish the Employer 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 Employer least two (2) weeks in advance thereof.

(d) Effective on confirmation by the Unemployment Insurance Commission of the appropriateness of the Employers Supplemental Unemployment Benefit (SUB) Plan, 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 18 of the Unemployment Insurance Act, 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 two­week Employment Insurance waiting period, and receipt by the

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Employer 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 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.

(e) Credits for service and seniority shall accumulate for a period of up to seventeen (17) weeks while an employee is on pregnancy leave.

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

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

(b) An employee, who qualified 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 Employer 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

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confirmation of the pending adoption. If, because of late receipt of confirmation of the 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 Employer at least two (2) weeks in advance thereof.

(e) Effective on November 26, 1992 any employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Unemployment Insurance parental benefits pursuant to Section 20 of the Unemployment Insurance Act, shall be paid a supplemental Employment 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 Employer 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 (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 or salary increment that she would be entitled to if she were not on parental leave.

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

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(g) The Employer will continue to pay its share of the premiums of the subsidized employee benefits, including pension, in which the employee is participating for a period of up to thirty-five (35) weeks after the 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.

(h) Subject to any changes to the employee's status which would have occurred had he or she not been on parental leave, the employee shall be reinstated to 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 Employer 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 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 Employer 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 Employer.

(b) In requesting such leave of absence for an employee or employees, the Union where possible will give at least fourteen (14) days clear notice in writing to the Employer.

(c) In addition to the leave of absence set out above, members of the Union Executive Board and/or Council employed by the Employer will be entitled to an additional cumulative leave of absence, without pay not to exceed twelve (12) days per contract year, subject to the conditions set forth above, for the purpose of attending Executive and/or Council meetings.

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(e) The Employer agrees when granting such leave to continue the payment of salaries to the persons for whom leave of absence has been granted. The Employer will bill the Union, and the Union will pay the Employer for the amount of salary that the employee would otherwise have lost during the period of leave of absence for Union business.

(f) The Employer may request the payment in advance of the leave of absence being granted.

15.08 Personal Leave

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.

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, step­grandparent, 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 Employer that he or she will be doing so. If the employee must begin the leave before advising the Employer, the employee shall advise the Employer of the leave as soon as possible after beginning it.

An employee is entitled to take a total of 1 0 days' leave under this section each year. If an employee takes any part of a day as leave under this section, the Employer may deem the employee to have taken one day's leave on that day for the purposes of this Article. The Employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled

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to the leave.

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

15.10 Compassionate Care Leave

The employee and the Employer 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, on the same shift in the same department, and at the same rate of pay. The Employer recognizes that all employees are entitled to all Leaves of Absence under the Employment Standard Act of Ontario as amended from time to time.

ARTICLE 16 - HOURS OF WORK

16.01 The normal workweek shall be 37.5 hours (exclusive of meal periods) averaged over bi-weekly periods or seven and one half (7 1/2) hours in any one day. This paragraph must not be interpreted as meaning the Employer guarantees a specific number of hours of work per week or per day.

Where employees are required to remain at the facility or to be available during their lunch period shall be paid for the lunch period and this shall be considered as time worked.

16.02 An employee shall be entitled to two fifteen (15) minute breaks in each seven and one half (7 1/2) hour shift. An employee working less than seven and one half (7 1/2) hours shall be entitled to one such break.

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For part-time any shift greater than 3 31 hours the employee gets a 15 minute rest period. For any employee working an overtime shift greater than three (3) hours, the employee is given a fifteen (15) minute rest period.

16.03 An employee temporarily assigned to a job for more than one (1) consecutive hour other than his regular job, shall be paid at the hourly rate for the job to which he is temporarily assigned or his regular rate whichever is greater.

16.04 All hours worked in excess of seven and one half (7 1/2) hours per day or seventy-five (75) hours in a bi-weekly period shall be compensated at time and one half the employee's normal straight time rate of pay.

16.05 (a) Employees required to work on any of the paid holidays shall be compensated at the rate of the time and one half (1 1/2) their regular straight time hourly rates plus their normal regular straight time hourly rate, or

(b) By mutual agreement, the employee shall be paid time and one half (1 '/2) their normal straight time hourly rate plus be given a day off with pay.

16.06 The Employer agrees to post work schedules six (6) weeks in advance. Any request from an employee for a scheduled day off must be submitted to the FSS two (2) weeks in advance of the scheduled date. The schedule may be changed in the event of an unexpected accident or illness or in cases of emergency. The Employer may allow an exchange of a shift at the request of an employee, provided that is approval is obtained in advance and that no additional cost of the Employer results from such exchange of shifts.

16.07 Full time employees shall not be scheduled to work more than six (6) consecutive days.

16.08There shall be no less than fifteen (15) hours between the end of one shift and the commencement of another. An employee brought in to work with less than fifteen (15) hours between shifts shall be paid overtime rates for all hours worked less than the fifteen (15) hours. For full-time employees only.

16.09 There shall be an equal distribution of weekends off of work within a classification.

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16.10 The opportunity for overtime shall be allocated in a fair and equitable manner.

16.11 There shall be no pyramiding or duplication of premiums and bonuses.

16.12An employee who has completed an entire regularly scheduled shift, and has left the premises, who is called back to work shall be given at least four (4) hours work or four (4) hours pay at one and half (1 1/2) times the employee's regular straight time hourly rate, unless failure to supply work is due to conditions beyond the control of the Employer.

16.13 Call In

Part-time call in for non-scheduled, non-overtime shifts will be offered on a rotating basis.

ARTICLE 17- PREMIUM PAYMENT

17.01 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 Employer. The reporting allowance outlined as herein shall not apply whenever an employee has received not less than one (1) hour's prior notice not to report for work.

17.02 Call Back

(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 one-half 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

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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'/2 times his regular straight time hourly rate for all hours actually worked on such callback or four (4) hours pay at time and one-half his straight time hourly rate, subject to the other provisions set out above.

17.03 Overtime Lieu Time

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, then time off shall be at one and one-half times).

Where an employee chooses the latter option, such time off must be taken within the succeeding ninety (90) calendar days of the work week in which the overtime was earned or, with the employee's agreement, within twelve (12) months of that work week.

17.04 Paid Time to Working Time

Employees absent on approved leave, paid by the Employer or by the Workers' Compensation Board, shall for the purposes of computing overtime pay during the 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 Employer under the applicable provisions of the Collective Agreement where payment is made to the employee by the Union.

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 beverage and dessert of choice or six dollars ($6.00) if the

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Employer is unable to provide the meal.

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 six dollars ($6.00)) payment. The meal allowance is a taxable benefit.

18.02 Uniform Allowance

The Employer shall provide five (5) uniforms to each Employee on an annual basis.

18.03 Transportation Allowance

When an employee is required to travel to the Employer 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 Employer will pay transportation costs either by taxi or by her own vehicle at the rate of twenty-two cents ($0.22) per kilometer (to a maximum of twenty dollars ($20.00) ) or such greater amount as the Employer may in its discretion determine for each trip between the aforementioned hours. The employee will provide to the Employer satisfactory proof of payment of such taxi fare.

ARTICLE 19 - HEALTH AND SAFETY

19.01 The Employer agrees to continue its present practices with respect to the provision of protective clothing and safety devices to employees, subject to the provision set out below with respect to safety footwear. The Employer 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 Employer is presently providing.

On November 23, 2010 and on that date and for each subsequent year, upon proof of purchase, the employer will provide $80.00 $100.00 per year to each full time employee and up to $50.00 to each part time employee who is required by the employer to wear safety footwear during the course of his duties.

19.02 Influenza Vaccine

The parties agree that influenza vaccinations may be beneficial for

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patients and employees. Upon a recommendation pertaining to a facility or a specially designated area(s) thereof from the Medical Office of Health or in compliance with applicable provincial legislation, the following rules will apply:

(i) Employers recognize that employees have the right or refuse any recommended or required vaccination.

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

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

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

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

19.03 It is in the mutual interests of the parties to promote health and safety in the workplace and to prevent and reduce the occurrence of workplace injuries and occupational diseases. The parties agree that employees have the right to a safe and health work environment and that health and safety is of the utmost importance. The parties agree

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to promote health and safety and wellness. The Hospital shall provide orientation and training in health and safety to new and current employees on an ongoing basis and employees shall attend required health and safety training sessions.

19.04 The parties fully endorse the responsibilities of employer and employee under the Occupational Health and Safety Act. Accordingly, the provisions of the Occupational Health and Safety Act are incorporated into and form part of this collective agreement and the rights and responsibilities set Out therein will not be diminished.

19.05 Where the Employer determines that there is a risk that Employees may be exposed to infectious or communicable diseases (viral or bacterial), or blood borne pathogens, employees who may be so exposed will be provided with personal protective equipment reasonably necessary for the protection of the employee.

19.06 An employee who is required by the Employer to wear or use any protective clothing, equipment or device shall be instructed and trained in its care, use and limitations before wearing or using it for the first time and at regular intervals thereafter and the employee shall participate in such instruction and training.

ARTICLE 20- PAID HOLIDAYS

20.01 The following holidays shall be observed as paid holidays:

Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day

Thanksgiving Day Christmas Day Boxing Day Remembrance Day New Year's Day

20.02 Employees who have been in the employ of the Employer for ninety (90) days or more and who are off work due to the observance of one of the above named holidays, will receive regular hours' pay for such holiday not worked, subject to the following conditions:

(a) To be eligible for holiday pay, an employee must work their scheduled shift immediately preceding such holiday or their scheduled shift immediately following such holiday unless absent with verified illness.

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20.03AII employees are granted one additional day annually in conjunction with the employee's birthday. The employee shall schedule the day with pay within thirty (30) days of the actual birthday.

20.04 An employee who is eligible for holiday pay in accordance with the above conditions, and who performs work on any of the said paid holidays, shall be entitled to receive pay at time and one-half (1 1/2) for the work performed on such holiday, in addition to his holiday pay.

20.05An employee on vacation when a holiday is observed will receive an extra day's vacation with pay.

20.06For the purpose of clarity, work on a paid holiday shall be deemed to be work when a shift is commenced after 12:01 a.m. of the morning of the holiday and before 12:00 p.m. on the evening of the holiday.

ARTICLE 21 ·VACATIONS

21.01 For the purpose of calculating eligibility, the vacation year will be the period from July 1st to June 30th of the following year.

21.02 All employees who have more than one (1) year of service as of June 30th in any given year will be granted two (2) weeks' vacation with pay at 4% of their total wages inclusive of all overtime.

21.03 All employees who have more than two (2) years of service as of June 30th in any given year will be granted three (3) weeks' vacation with pay at 6% of their total wages inclusive of all overtime.

21.04 All employees who have more than 5 years of service as of June 30th in any given year will be granted four (4) weeks' vacation with pay at 8% of their total wages inclusive of all overtime.

21.05 All employees who have more than thirteen (13) years of service as of June 30th, 2007 in any given year will be granted five (5) weeks' vacation with pay at 10% of their total wages inclusive of all overtime.

21.06 All employees who have more than twenty-two (22) year of service as of June 30, 2007 in any given year will be granted six (6) weeks' vacation with pay at 12% of their total wages inclusive of all overtime.

21.07 All employees who have more than twenty-eight (28) years of service as of June 30th, 2007 will be granted seven (7) weeks' vacation with pay at 14% of their total wages inclusive of all overtime.

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21.08 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 on-going 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 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.

21.09 Under special circumstances, an employee may request to have one (1) one week of accrued vacation entitlement carried forward into the next vacation year. The granting of this carry forward of vacation is at the Employer's discretion. This approval will not be unreasonably withheld.

ARTICLE 22 - HEALTH AND INSURED BENEFITS

22.01 The Employer agrees to contribute on behalf of each eligible employee who has completed their probationary period one hundred percent (1 00%) of the O.H.I.P. billed premiums.

22.02 The Employer agrees to contribute on behalf of each eligible employee covered by the collective agreement seventy-five percent (75%) of the billed premium under the Blue Cross Extended Health Care Plan or equivalent consisting of ten dollars ($1 0.00) (single) and twenty dollars ($20.00) (family) deductible (no co-insurance) subject to the terms and conditions of such plan and subject to the carrier's requirements as to minimum enrolment, provided the balance of the monthly premium is paid by the employee through payroll deduction.

Vision Care: Effective ratification vision care will be increased two hundred and fifty dollars $250.00 every 24 months plus bi-annual eye exams and hearing aid allowance to acquisition every thirty six months (36). No deductible.

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Service of a chiropractor will be covered up to an annual maximum of $300.00

Service of a licensed or registered physiotherapist will be covered up to an annual maximum of $300.00.

The Employer will provide to each employee covered by the prescription drug plan a prescription drug card. $7.50 cap on dispensing fee. Generic drugs

22.03 Health Plan benefits as outlined in this Article may be continued by an employee when on any leave of absence without pay provided the employee so applies prior to proceeding on such leave of absence and pays the Employer each month the full cost of premiums in advance for such coverage.

If the approved leave of absence exceeds thirty (30) continuous days, then the employee will be responsible for full payment of employee benefits in which he/she is participating for the period of absence.

Notwithstanding this provision, the Employer will continue to pay its share of the benefit premiums for up to fifteen (15) weeks while an employee is in receipt of Workers' Compensation Benefits.

22.04 Effective January 23, 2007 the Employer will contribute one hundred percent ( 1 00%) of the billed premiums towards a Group Life Insurance Plan which will provide coverage of twice annual earnings, to a maximum of $100.000.00 effective ratification in accordance with the terms and provisions of such plan.

22.05 The Company will provide equivalent coverage to all employees who retire early under Article 10.03(b) and have not reached age 65 on the same basis as is provided to active employees for the benefits set out in Article 17.02. The Company will contribute the same portion towards the billed premiums of these benefit plans as is currently contributed by the Company to the billed premiums of active employees. The early retired employee's share towards the billed premium will be submitted to the Company in advance in quarterly instalments.

The Employer will continue all plans for those full-time employees over the age of 65 who are still actively working for the Company with the exception of L TO. The Company and the Union agree that in the event that the Company ceases to provide dietary services at the Hospital then the retiree benefit continuation shall cease effective on the date the Company ceases to provide dietary services.

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Note: The parties recognize that there is no pension plan in effect under this Collective Agreement. The parties agree that with respect to the reference in article 1 0.03(b) to a pension plan this reference is solely for the purposes of determining which employees, if any, may be eligible to retire.

22.06 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 Employer may at any time substitute another carrier for any plan (other than OHIP) provided the benefits conferred thereby are substantially the same. Before making such a substitution, the Employer shall notify the Union to explain the proposed change and to ascertain the views of the employees. Upon a request by the union, the Employer shall provide to the Union, full specifications of the benefit programs contracted for and in effect for employees covered herein.

The Employer will institute the Nursing Homes and Related Industries Pension Plan (Attached as Appendix C) on or before December 10, 2009.

22.07 The employer will implement a voluntary RRSP plan with the employer matching 50% of employee contributions to a maximum of 3% of the employee's regular hours worked.

22.08 Dental Plan

The Company will pay 50% of the monthly billed premiums for, all eligible employees enrolled in the Plan. Employees shall pay the remaining 50% of premiums by payroll deduction. The plan shall be equivalent to Blue Cross #7 Plan. The current ODA Schedule of Fees shall apply. Effective date August 1, 1981.

Effective October 11, 2007 the Company will pay 75% premium for Blue Cross #9 or equivalent. Current ODA pricing.

22.09 In the event that any of the Company paid premiums for benefits covered under this Collective Agreement are subsequently reduced and/or eliminated for any reasons such premium reduction and/or elimination shall be the property of the Company.

ARTICLE 23 - INJURY AND DISABILITY

23.01 Workplace Injury

In the case of an accident which will be compensated by the Workers

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Safety and Insurance Board, the employer will pay the employee's wages for the day of accident.

23.02 Disabled Employees

If an employee becomes disabled with the result that he is unable to carry out the regular functions of his position, the Employer may establish a special classification and salary with the hope of providing an opportunity of continued employment.

23.03 The Employer shall provide to the employee, a copy of the Workers' Safety and Insurance Board Form 7 and all attachments at the same time as it is sent to the Board.

ARTICLE 24- SICK LEAVE

24.01 Each employee upon completion of the, probationary period shall be entitled to receive benefits through a 1-4-39 STD Plan, paying 2/3 (two thirds) of the employee's wages up to the E. I. benefit levels.

24.02 The Short Term Disability Plan shall be registered with the Employment Insurance Commission, and any resulting premium reduction shall be the properly of the Employer by reason of the benefit improvement as set out herein.

24.03 In addition to the above mentioned Short Term Disability Plan, each employee shall be entitled to a bank of twelve (12) sick days per year, non-cumulative, in which the employee will be paid his regular wages for time during which he is absent from work, due to his illness which renders him unable to work. Payment shall be subject to the following conditions and qualifications, all of which must be complied with:

(i) The employee must have at least three (3) months continuous service with the Company at the time of his sickness.

The employee must notify his manager (or his appointee) of his absence within six (6) hours of his regular starting time on the first day of absence or sooner if possible at which time he shall supply the following information.

(a) Why he is unable to report to work (illness, bereavement, etc.) (b) Estimated duration of absence, 1, 2, 3 or more days (c) How the manager can call him relative to his absence.

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An employee who is off from work for sickness or accident must use all of the remaining bank of sick days to his credit, before going on the Short Term Disability schedule of payments. However, the Short Term Disability is always considered to have begun on the first or fifth day as the case may be, no matter how many sick days the employee is using up.

24.041f an employee is able to return to work at an earlier date than he had anticipated, he shall give his manager (or appointee) notification by 4:00 p.m. of the preceding day of such intention to return so that the necessary adjustment can be made in the department staff.

24.05Employees confined to hospital or at home as the result of a serious illness or accident should report their condition periodically and as soon as practical, notify the manager of their intention to return to work.

24.06The employee must produce proper evidence that he is entitled to pay during such absence if requested to do so by the Company prior to or after returning to work.

24.07 Pay for Medical Certificates

The employer shall pay up to $10.00 for any medical certificates required of an employee by the employer. It is understood employees will be required to bring in medical certificates substantiating any absence of 3 days or more.

ARTICLE 25- COMPENSATION

25.01 The Employer agrees to pay and the Union agrees to accept for the term of this Agreement the rates of wages as outlined in Schedule "A" attached hereto.

Cook premium - Effective ratification the senior cook working shall be paid a premium of $1.00 per hour for all hours worked whenever they are in charge ie. no Compass Group Canada management staff are on site.

It is understood that Article 25.09 will not apply to the senior cook.

25.02 Retroactivity will be paid on the basis of hour paid, within sixty (60) days of the date of ratification. Implementation of the new rates shall be within two (2) full paid periods of the date of ratification.

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25.03 Shift Premium

Effective ratification employees shall be paid a shift premium of one dollar and five cents ($1.05) per hour for all hours worked where the majority of their scheduled hours fall between 1500 and 0700 hours.

Effective October 11, 2011 the shift premium shall be increased to one dollar and ten cents ($1.10)

25.04 Weekend Premium

Effective ratification an employee shall be paid a weekend premium of one dollar and five cents $1. 05) per hour for each hour worked between 2400 hours Friday to 2400 hours Sunday or such other forty-eight (48) hour period that the Hospital may establish. If an employee is receiving premium pay pursuant to a local scheduling regulation with respect to consecutive weekends worked, he/she will not receive weekend premium under this provision.

Effective October 11, 2011 the shift premium shall be increased to one dollar and ten cents ($1. 1 0)

25.05 Percentage In Lieu of Benefits Part-Time

Effective the first full pay period following release of the award dated May 5, 2005, 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 Hospital, as part of direct compensation or otherwise, including holiday pay, save and except the following: salary, vacation pay, standby pay, call back pay, reporting pay, responsibility allowance, jury and witness duty, bereavement pay and pregnancy, and parental supplementary unemployed benefits), an amount equal to 10% of his/her regular straight time hourly rate for all straight time hours paid.

Effective October 11, 2008 - 14%. Effective ratification 14.5 % in lieu of benefits

25.07 Job Classification New Classification

(a) When a new classification (which is covered by the terms of this Collective Agreement) is established by the Employer, the Employer shall determine the rate of pay for such new classification and notify the local union of the same and provide details at least fourteen (14) days prior to posting. If the local union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour

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to negotiate a mutually satisfactory rate. Such request will be made within ten (1 0) days after the receipt of notice from the Employer of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Employer. 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 Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification.

(b) Revised Classification

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

25.08 Experience Pay

An employee hired by the Employer with recent and related experience, may claim at the time of hiring on a form supplied by the Employer consideration for such experience. Any such claim shall be accompanied by verification of previously related experience. The Employer shall then evaluate such experience during the probationary period. Where, in the Employer's opinion such experience is relevant, the employee shall be slotted in that step of the wage progression consistent with one (1) years' service for every one (1) years of related experience in the classification on the completion of the employee's

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probationary period. It is understood and agreed that this shall not constitute a violation of the wage schedule of the Collective Agreement.

25.09 Responsibility Allowance Outside the Bargaining Unit

When an employer 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.

ARTICLE 26- RELATIONSHIP

26.01 Union Membership

The Employer and the Union agree that there will be no intimidation, discrimination, interference restraint or coercion exercised or practised by either of them or their representatives or members because of an employee's membership or non-membership in the Union or because of his activity or lack of activity in the Union or otherwise.

26.02 Human Rights Code

The Employer and the Union shall comply with the Human Rights Code of Ontario and any complaint shall be handled there under if a satisfactory settlement cannot be reached by the parties thereto.

ARTICLE 27- PAID EDUCATION FUND

27.01 Effective upon ratification the employer agrees to pay into a special fund one cent ($0.01) per hour per employee for all paid hours for the purpose of providing paid education leave. Effective October 11, 2008 that will increase to two cents ($0.02) per hour per employee.

Such leave will be for the upgrading the employee skills in all aspects of union functions. Such monies to be paid on a quarterly basis into a fund established by Service Employees International Union, Local 1 Canada.

ARTICLE 28- DURATION

28.01 This Agreement shall be in full force and effect from October 11, 2013 until October 1 0, 2016 and shall remain in full force and effect from year to year thereafter unless one of the parties hereto notifies the

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other in writing, within a period of not more than one hundred and twenty (120) days prior to the automatic renewal date of its intention to revise or amend this Agreement or conclude a new Collective Agreement, or if the services of the Employer are no longer required at the Runnymede Healthcare Centre.

DATED at Toronto this Z. { day of Jf, f;y- . 2rl r. FOR THE UNION:

RS:ws

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SCHEDULE "A"

WAGE RATES AND CLASSIFICATIONS

Cook I and II October 11, 2012 $26.97 October 11, 2013 $27.51 October 11, 2014 $28.06 October 11, 2015 $28.62

Porter October 11, 2012 $21.27 October 11, 2013 $21.70 October 11, 2014 $22.13 October 11, 2015 $22.57

Dietary Aide October 11, 2012 $21.33 October 11, 2013 $21.76 October 11, 2014 $22.19 October 11, 2015 $22.64

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LETTER OF UNDERSTANDING

BETWEEN:

COMPASS GROUP CANADA LTD. AT RUNNYMEDE HEAL THCARE

CENTRE

(DIETARY DEPARTMENT),

TORONTO, ONT ARlO

AND:

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL I CANADA

The parties herein agree that for the duration of this Collective Agreement, the Company shall continue its current practice of scheduling full­time employees to work on public holidays. The parties further agree that should a full-time employee choose not to work on their scheduled public holiday, the public holiday shall be offered to part-time employees.

DATED at Toronto this 'bl day of --"<.j_J_l/_~ __ . 20 I. r{_

FOR THE UNION:

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LETTER OF UNDERSTANDING

Between:

Compass Group Canada Ltd. at Runnymede Healthcare Centre

(Dietary Department) Toronto, Ontario

And:

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA

It is agreed and understood for the period of this agreement, the Company will ensure that each employee has five (5) uniforms. The Company will ensure that uniforms are properly maintained.

DATED at Toronto this 'tr( day of _;y;""--J_U_>< __ . 20 I~ .

FOR THE UNION:

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