agreement - ontario · vo-ne c> arms ; ai cd4 -.d t.a f.' i sector 15 ... 14.03 seniority...
TRANSCRIPT
COLLECTIVE
AGREEMENT
Between
The Ontario Public Service Employees Union
on behalf of its Local 484
and
The Ottawa Children' s Treatment Centre
DURATION: April 1, 2011 - March 31, 2016
OOntarioPSEUEmployeesPublic ServiceUnion
SEFPOfo ndicat des employes de lafonction publique e ('Ontario
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
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Sector 15
4-484-5528- 20160331- 15
TABLE OF CONTENTS
PREAMBLE........................................................................................................ 1
ARTICLE 1 - RECOGNITION................................................................................. 1
ARTICLE 2 - DEFINITIONS................................................................................... 1
2. 04 Regular Full- time Employees............................................................... 1
2. 05 Regular Part -Time Employee.............................................................. 1
2. 06 Casual Employees.............................................................................. 2
2. 07 Temporary Employee......................................................................... 2
ARTICLE 3 - MANAGEMENT RIGHTS..................................................................... 2
ARTICLE 4 - NO DISCRIMINATION....................................................................... 3
ARTICLE 5 — NO STRIKE — NO LOCKOUT.............................................................. 3
ARTICLE 6 - UNION SECURITY............................................................................. 4
6. 01 Membership...................................................................................... 4
6. 02 Dues Deduction................................................................................. 4
6. 03 No Solicitation or Union Activities on Employer Premises ...................... 4
6. 04 Indemnification.................................................................................. 4
6. 05 New Classification.............................................................................. 4
ARTICLE 7 - REPRESENTATION.......................................................................... 5
7. 01 Union Stewards................................................................................. 5
7. 02 Negotiating Committee........................................................................ 5
7. 03 Labour -Management Committee......................................................... 5
7. 04 Grievance Committee......................................................................... 6
7. 05 Joint Health and Safety Committee..................................................... 6
7. 07 List of Union Representatives............................................................. 6
7. 08 New Employee Orientation................................................................. 6
7. 09 Meeting Accommodation on Centre Premises ....................................... 7
7. 10 Bulletin Boards.................................................................................. 7
ARTICLE 8 - GRIEVANCE PROCEDURE.................................................................. 7
8. 03 Step # 1 ............................................................................................ 7
8. 04 Step # 2............................................................................................ 8
8. 06 Policy Grievance................................................................................ 8
8. 07 Group Grievance................................................................................ 9
8. 08 Timelines.......................................................................................... 9
ARTICLE 9 - ARBITRATION................................................................................ 10
ARTICLE 10 - JOB POSTING AND SELECTION .................................................... 11
ARTICLE 11 — DISCHARGE, SUSPENSION, TERMINATION OF EMPLOYMENT,
DISCIPLINE.................................................................................. 11
ARTICLE 12 — WORK OF THE BARGAINING UNIT ................................................ 12
ARTICLE 13 — CONTRACTING OUT..................................................................... 12
ARTICLE 14 - SENIORITY AND SERVICE........................................................... 13
14. 01 Probationary Period.......................................................................... 13
14. 03 Seniority List.................................................................................... 14
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14. 04 Seniority and Service Accumulation................................................... 14
14. 05 Loss of Seniority and Service............................................................ 15
14. 06 Effect of Absence............................................................................. 15
14. 07 Retention and Accumulation of Seniority on Transfer Outside the
Pregnancy/ Parental Leave — Credit for Service and Seniority,
BargainingUnit............................................................................... 16
Continuation of Benefits..................................................................
ARTICLE 15 — PROMOTION................................................................................ 16
ARTICLE 16 - LAY-OFF AND RECALL................................................................... 17
16. 15 a) Retirement Allowance............................................................... 20
38
b) Separation Allowance.............................................................. 20
ARTICLE 17 - HOURS OF WORK....................................................................... 21
17. 01 Applicable to Regular Full Time Employees ........................................ 21
17.02 Applicable to Regular Part Time Employees ....................................... 21
17. 03 Rest Period...................................................................................... 22
17. 06 Overtime......................................................................................... 22
42
17. 07 Job Sharing Arrangements............................................................... 23
17. 08 Compressed Work Week Arrangement ................................................. 24
ARTICLE 18 - STATUTORY HOLIDAYS.............................................................. 25
18. 06 Holiday Qualifiers............................................................................. 27
ARTICLE 19 - VACATION LEAVE — REGULAR FULL TIME EMPLOYEES ................... 27
19. 01 Accumulation of Vacation Leave ........................................................ 27
19. 02 Scheduling of Vacation Leave........................................................... 28
19. 03 Interrupted Due to Serious Illness......................................................... 28
ARTICLE 20 - VACATION LEAVE - PART-TIME/ TEMPORARY EMPLOYEES ............. 29
ARTICLE 21 - JURY AND WITNESS FEE.............................................................. 30
ARTICLE 22 — SICK LEAVE................................................................................. 30
ARTICLE 23 - LEAVES OF ABSENCE.................................................................... 33
23. 01 Pregnancy Leave............................................................................. 33
23. 02 Parental Leave................................................................................. 34
23. 03 Pregnancy/ Parental Leave — Credit for Service and Seniority, Continuation of Benefits.................................................................. 35
23. 04 Compassionate Leave....................................................................... 36
23. 05 Educational Leave............................................................................ 37
23. 06 Leave for Union Matters................................................................... 38
23. 07 Pre -Paid Leave Program................................................................... 38
23. 08 Discretionary Leave.......................................................................... 40
23. 09 Personal Leave................................................................................ 41
23. 10 Emergency Leave Days.................................................................... 41
23. 11 Inclement Weather.......................................................................... 41
ARTICLE 24 - PROTECTION OF EMPLOYEES....................................................... 42
b) Mileage Calculations......................................................................... 42
c) Supplementary Business Insurance ................................................... 43
ARTICLE 25 — INSURANCE PLANS..................................................................... 43
25. 01 Pension Plan.................................................................................... 43
25. 02 Eligibility......................................................................................... 43
Collective Agreement — OCTC and OPSEU Local 484Fvnirinn Marsh 21 ) nl F,
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25. 04 Group Life Insurance........................................................................ 43
25. 05 Dental Plan...................................................................................... 44
25. 06 Extended Health Care Plan............................................................... 44
25. 07 Long Term Disability Plan................................................................. 44
ARTICLE 26 - GENERAL..................................................................................... 44
ARTICLE 27 — SALARIES.................................................................................... 45
ARTICLE 28 — DURATION.................................................................................. 47
SCHEDULE " A" PLACEMENT STUDENTS.............................................................. 48
SCHEDULE " B" BENEFITS FOR FULL-TIME STAFF ON . 8FTE AND ABOVE .............. 49
SCHEDULE " C" SALARY SCHEDULE..................................................................... 50
SCHEDULE " D" PAY NOTES:............................................................................... 53
SCHEDULE " E" WAGES PAYABLE TO REGULAR PART-TIME, TEMPORARY/ & CASUAL
EMPLOYEES..................................................................................... 53
APPENDIX " A" Ten and Eleven month appointments ............................................ 55
APPENDIX " B" Sick Leave ................ .......................... 56
APPENDIX " C" Physiotherapist — Parental leave sub -plan ..................................... 57
APPENDIX " D" Benefit Entitlement and Premium Levels for Physiotherapists......... 58
APPENDIX " E" Group Life and Optional Life Insurance for a Part -Time Employees. 60APPENDIX " F" Reduction of Permanent Full Time Occupational Therapy positions. 61APPENDIX " G " Regular Full Time and Regular Part Time employees applying for a
posted temporary position................................................................ 63
APPENDIX ".H„ Pay Equity ............................................ ...................................... 66
APPENDIX " I" Job Postings .............................................. .................................. 67
APPENDIX " J" Shift Premium ............................ ........ 68
APPENDIX " K" Weekend Premium ................................ ................ 70
APPENDIX " L" Lump Sum Payments ........................ 72
Collective Agreement — OCTC and OPSEU Local 484
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
PREAMBLE
It is the intent and purpose of the Employer and the Union to establish and maintain
a harmonious collective bargaining relationship and to provide a method for theprompt and equitable adjustment of grievances of employees in the employ of theEmployer, or of disputes between the parties without unnecessary delay orexpenses, or diminution of services to the public, as well as to establish and
maintain mutually. satisfactory working conditions, hours of work and wages for allemployees, in the employ of the Employer.
ARTICLE 1 - RECOGNITION
1. 01 The Employer recognizes the Ontario Public Service Employees' Union as beingthe sole and exclusive bargaining agent of all paramedical employees of theOttawa Children' s Treatment Centre/ Centre de traitement pour enfants
d' Ottawa in the City of Ottawa, save and except Co- ordinators, Clinical Co- ordinators, and persons above the rank of Co-ordinator and Clinical Co-
ordinator and persons covered by subsisting collective agreements. The
parties agree that the Letter of Understanding between OPSEU and OCTCsigned by the parties and dated April 27, 2005 forms part of the decision ofthe Ontario Labour Relations Board, dated May 2, 2005.
ARTICLE 2 - DEFINITIONS
2. 01 " Employee" or " Employees" means an employee of the Ottawa Children' s
Treatment Centre for whom the union has bargaining rights, as described inArticle 1. 01.
2. 02 " Union" or "OPSEU" means the Ontario Public Service Employees' Union.
2. 03 " Centre" or Employer" shall mean the Ottawa Children' s Treatment Centre as
described in Article 1. 01.
2. 04 Regular Full- time Employees
Regular Full- time Employees" are those who are regularly scheduled to workthe normal full- time hours referred to in Article 17.01.
2. 05 Regular Part -Time Employee
A ' Regular Part -Time Employee" is defined as an Employee who is regularlyscheduled to work in accordance with Article 17.02. The regular part-time
Employee shall be provided with a full-time equivalency ( FTE) which shall
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constitute the normal hours of work for the position. A regular part-time
Employee may work casual hours in excess of the FTE but such hours shall notform part of the FTE. This does not constitute a guarantee of hours.
A part-time Employee may relieve in a full-time position & remain in her part-
time status for the duration in which the employee is filling a temporaryposition.
2. 06 Casual Employees
Casual Employees" are those Employees working on an " as needed" basis andhave the option of accepting or refusing hours of work.
2. 07 Temporary Employee
A ' Temporary Employee" is one who is hired for a limited period of time, on
either a full- time or a part-time basis.
Temporary positions, with the exception of those positions related to approvedleaves of absence, shall not exceed twelve ( 12) months in duration unless
mutually agreed otherwise by the parties, such request will not be unreasonablydenied. It is understood by the parties that approved leaves of absence asdescribed above do not normally exceed 12 months or one year in duration.
2.08 " Spouse" includes a partner of the same sex for all entitlements. Dependents
include dependents of a partner of the same sex for all entitlements. A right to
entitlement is not breached if disallowed based on Section 25( 2) of the Ontario
Human Rights Code.
2.09 All references to the feminine gender in this agreement shall also be read in the
masculine gender, or vice versa, wherever the context applies.
ARTICLE 3 - MANAGEMENT RIGHTS
3. 01 The Union acknowledges that it is the exclusive function of management to
supervise, direct and control the Employer's operations except as specificallylimited by the provisions of this agreement. Without restricting the generalityof the foregoing, the Union acknowledges that it is the exclusive function ofthe Employer to:
a) maintain order, discipline and efficiency;
b) hire, assign, direct, transfer, promote, demote, classify, lay-off, recall, suspend, discharge or otherwise discipline employees; provided that a
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claim of discharge or discipline without cause may be the subject of agrievance,
c) determine, in the interest of efficient operation and highest standards
of service, job rating or classification, the hours of work, work
assignment, service delivery framework, the working establishment forthe service and location of work;
d) generally manage the operations that the Centre is engaged in and, without restricting the generality of the foregoing, to determine thenumber of personnel required, the services to be performed and
service delivery framework in connection therewith;
e) make, enforce and alter from time to time rules and regulations to be
observed by the employees;
3. 02 The Employer agrees that these functions shall be exercised in a manner
consistent with the provisions of this agreement.
ARTICLE 4 - NO DISCRIMINATION
4.01 There shall be no discrimination by the Employer or the Union against anyEmployee on account of membership or non -membership in, or legal activitieson behalf of the Union.
4.02 The Employer and the Union shall comply with the Human Rights Code.
ARTICLE 5 — NO STRIKE — NO LOCKOUT
5. 01 The parties believe as a matter of professional ethics that client care is their
primary concern. On this account, and in view of the orderly procedureprovided for the settlement of grievances herein, and following the signing ofthis agreement, the Employer agrees that it will not cause or direct any lock- out of its Employees, and the Union agrees that there shall be no strike or
other collective action which would stop, curtail or interfere with the work oroperation of the Employer during the term of this agreement. The Union
further agrees that if any such collective action takes place, it will repudiateit, and require its members to return to work. The Employer agrees to
repudiate any actions on the part of its staff which may be considereddiscriminatory or in the nature of a lock -out.
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ARTICLE 6 - UNION SECURITY
6.01 Membership
Membership in the Union shall be voluntary and open to all Employees asdefined in Article 1. 01 herein, who may seek to be members.
6.02 Dues Deduction
The Employer will remit by the 15th of each month for the preceding monththe amount of dues deducted from the wages of an Employee to the
Accounting Department of the Union, 100 Lesmill Road, Toronto, Ontario,
M313 3P8. The Employer agrees to provide the Union with a list of all
Employees on whose behalf such deductions are made with each remittance.
The Employer further agrees to keep the list up- to-date by providing theUnion with information relating to the current changes in the list by way ofmonthly advices.
6. 03 No Solicitation or Union Activities on Employer Premises
The Union further agrees that there shall be no solicitation for membership, collection of dues or other Union activities transacted on the premises of the
Employer except as may be specifically permitted by this agreement, or inwriting by the Employer.
6. 04 Indemnification
The Union will save the Employer harmless from any and all claims whichmay be made by Employees against the Employer for amounts deducted frompay as provided in the Article. The Union will refund directly to an Employeeany monies deducted in error along with confirmation of refund to theEmployer.
6. 05 New Classification
If, during the term of this agreement, a new classification is created, the
Employer agrees to provide the Union with a draft job description and salaryscale for such position before the position is posted. If the Employer and the
Union -cannot agree on the rate, the Union will then have the right to submit
the matter to Arbitration in accordance with Article 9 of the collective
agreement. Any increase in rate shall be retroactive to the date the positionwas filled.
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ARTICLE 7 - REPRESENTATION
7.01 Union Stewards
The Employer agrees to recognize five ( 5) Union Stewards to be elected or
appointed from amongst employees in the bargaining unit for the purpose ofdealing with Union business as provided in this Collective Agreement. The
stewards will be elected or appointed based on the following work areas:
Max Keeping/ SmythThurston
Kanata
The parties recognize that the Union Stewards have their regular duties andresponsibilities to perform for the Centre. Union stewards shall not leave
their regular duties without first obtaining permission from their immediatesupervisor. When resuming regular duties and responsibilities, such stewardshall again report to their immediate supervisor. Such permission shall not be
unreasonably denied.
7.02 Negotiating Committee
The Employer agrees to recognize a negotiating committee comprised ofmembers to be elected or appointed from the bargaining unit. The
Negotiating Committee shall be composed of up to three ( 3) representativesof the Union ( exclusive of one ( 1) outside counsel or advisor) and such
representatives of the Employer as it may deem appropriate. The union willendeavour to have not more than one ( 1) representative of the union from a
discipline. The purpose of this Committee shall be to negotiate with theEmployer, the renewal or modifications of the terms of this agreement. The
Union agrees to notify the Employer, in writing of the members of theNegotiating Committee at least three ( 3) weeks in advance of the
commencement of negotiations. Union representatives will notify theirimmediate supervisor in writing of the meeting date( s).
7. 03 Labour -Management Committee
The parties mutually agree that there are matters that would be beneficial ifdiscussed at a Labour -Management Committee Meeting during the term ofthis agreement. The Employer and the Union may each nominate up to two
2) representatives who shall be members of the committee. Meetings shall
be convened as required and held on the Employer's premises at a mutuallyconvenient time. It is understood that the Union representative shall obtainleave permission from their immediate supervisor as far in advance of the
meeting as possible. Such permission shall not be unreasonably denied.
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7.04 Grievance Committee
The Employer recognizes the right of the Union to select up to two ( 2) representatives as members of a Grievance Committee who shall be charged
with the responsibility of processing grievances on behalf of Employees or theUnion, as the case may be, with Employer representatives as hereinafterprovided for in this agreement. Grievance committee members shall not leave
their regular duties without first obtaining permission from their immediatesupervisor. Such permission shall not be unreasonably denied.
7. 05 Joint Health and Safety Committee
The Employer acknowledges the Union has the right to select a
representative to sit as a member of the Centre' s Joint Health and SafetyCommittee established pursuant to the Occupational Health and Safety Actand the Committee's terms of reference. This representative shall act as a
designated health and safety representative of the Union in accordance withthe Occupational Health and Safety Acf. Should the Union representative soelect to act as a certified member of the Committee, the Centre agrees to
provide certification training for the Union' s health and safety representative.
7. 06 The Employer will pay, up to but not including arbitration, Stewards andcommittee members as noted in Articles 7. 01, 7. 02, 7. 03 and 7. 04 above, for
all regular hours spent while attending meetings with the Employer or itsrepresentatives as provided for in Article 7 and in investigating andprocessing grievances as hereinafter provided for. Union representatives who
participate in the committees as outlined in Article 7 shall suffer no loss of
service and seniority.
7. 07 List of Union Representatives
The Union agrees to provide and maintain, in writing, an up- to-date list of allunion representatives ( including Union Stewards, Union Executive,
Labour/ Management Committee, Negotiating Committee, Grievance
Committee and Joint Health & Safety Representatives) to the Director,
Human Resource Services.
7.08 New Employee Orientation
The Employer agrees to provide all new Employees at orientation time a period
of up to 30 minutes to discuss with a Steward the aims and objectives of theUnion, the rights and responsibilities imposed upon such Employees by theterms of this agreement, and the benefits and duties of the Union membership.
Collective Agreement — OCTC and OPSEU Local 484
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7. 09 Meeting Accommodation on Centre Premises
The Employees in the bargaining unit may use accommodation in the Centre formeetings at a time mutually agreed upon by the Employer and the Employeesprovided that such meetings are not held during normal working hours.
7. 10 Bulletin Boards
The Employer will provide bulletin boards at each of the following sites:
Kanata
Max KeepingSmyth
Thurston
Such bulletin boards shall be for the exclusive use of the union and may beused to post union notices, including notices of union meetings, elections, results of elections, union appointments and recreational and social affairs.
ARTICLE 8 - GRIEVANCE PROCEDURE
8. 01 For the purpose of this agreement, a grievance is a difference arisingbetween the parties concerning the interpretation, application, administrationor alleged violation of the agreement, including any question as to whether amatter is arbitrable.
8. 02 It is the mutual desire of the parties that complaints of employees are dealt
with as soon as possible. An employee( s) shall discuss the complaint with
their immediate supervisor within ten ( 10) workings day of the occurrencegiving rise to the complaint or when the employee ought reasonably to havebecome aware of the occurrence giving rise to the complaint, so as to affordthe immediate supervisor an opportunity to resolve the complaint. The
immediate supervisor shall advise the employee of the decision within eight
8) days after the meeting.
8. 03 Step # 1
Failing resolution, the employee may file a grievance in writing within eight8) days and, shall submit it to the Director, Human Resource Services. The
grievance shall be signed by the employee and the union representative andshall set out the nature of the grievance, the Article( s) of the Collective
Agreement allegedly violated and the remedy sought. The Program
Administrator shall hold a meeting with the employee involved within ten ( 10) working days following the receipt of the grievance in writing. A
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representative of the Union may be present at such meeting to assist theemployee in the presentation of the grievance and a representative fromHuman Resources and the Clinical Coordinator/ Coordinator, where applicable,
may be present at such a meeting to assist the Program Administrator. The
Program Administrator shall render the decision within eight ( 8) days after
such meeting.
8.04 Step # 2
Within eight ( 8) days after the decision at Step # 1, the grievance may besubmitted in writing to the Chief Executive Officer or designate. If requested
by either party, a meeting shall be held within a period of eight ( 8) daysbetween the Chief Executive Officer or designate, the Human Resourcesrepresentative, the Program Administrator and the Employee and a
representative of the Union. The Chief Executive Officer or designate shall
render a decision in writing within eight ( 8) days following the date of suchmeeting.
8. 05 Failing settlement under the foregoing procedure of any grievance betweenthe Employer and any Employee or the Union and the Employer, arising fromthe interpretation, application, administration or alleged violation of this
agreement, including any question as to whether a grievance is arbitrable, itmay be submitted to arbitration as hereinafter provided, and if no writtenrequest for arbitration is received within fifteen ( 15) working days after thedecision in Step # 2 is given, it shall be abandoned.
8. 06 Policy Grievance
A grievance arising directly between the Employer and the Union, involvingthe interpretation, application or alleged violation of this agreement shall besubmitted in writing at Step 2 as provided for herein. The parties agree thatsuch a grievance shall not be submitted solely to circumvent the normalgrievance procedure provided for in Article 8.
In the case of the Union, such grievance shall be submitted in writing byregistered mail or by hand, dated within ten ( 10) working days after thecircumstances giving rise to the grievance originate, or occur or ought
reasonably to have come to the attention of the Union, and shall be addressedto the Chief Executive Officer or designate in Step # 2. A meeting shall then beheld within eight ( 8) days after the giving of such notice between the ChiefExecutive Officer or designate, a Human Resources representative, the ProgramAdministrator or designate where applicable, the Sector Representative of theUnion and the Grievance Committee. The Chief Executive Officer or designate
shall deliver the decision within eight (8) days in writing. Failing settlement, theUnion may submit such grievance to arbitration as hereinafter provided, and if
Collective Agreement — OCTC and OPSEU Local 484
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Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
no written request for arbitration is received within fifteen ( 15) working daysafter the decision of the Chief Executive Officer or designate is given, it shall be
deemed to have been abandoned.
In the case of the Employer, such grievance shall be submitted in writing byregistered mail or by hand, dated within ten ( 10) working days after thecircumstances giving rise to the grievance originate or occur or oughtreasonably to have come to the attention of the Employer and shall beaddressed to the Sector Representative of the Union or designate, and a
meeting shall then be held within eight ( 8) days after the giving of such noticebetween the Chief Executive Officer or designate, a Human Resources
representative, the Program Administrator or designate where applicable, and
the Sector Representative of the Union or designate. The Sector Representative
of the Union or designate shall deliver the decision within eight ( 8) days in
writing.
Failing settlement, the grievance may be referred to arbitration as hereinafterprovided. If no such request for arbitration is received within the fifteen ( 15)
working days as aforesaid, then it shall be deemed to have been abandoned.
8. 07 Group Grievance
Where two ( 2) or more Employees have identical grievances and each
Employee would be entitled to grieve separately, they may present a groupgrievance in writing, identifying each Employee who is grieving within ten10) days after the circumstances giving rise to the grievance have occurred
or ought reasonably to have come to the attention of the Employees soaffected. The grievance shall be originated as outlined in Article 8. 03 above,
with the understanding that each employee shall first discuss the issue withtheir immediate supervisor.
8. 08 Timelines
Should any Employee's grievance not be submitted within the time limitsspecified in this article it shall be deemed to have been abandoned. If no
written decision has been given to the Employee( s) within the time limit
specified in Article 8, the Employee shall be entitled to submit the grievance
to the next stage, up to and including arbitration. Should any Employer orUnion grievance not be submitted within the time limit specified in Article
8. 06, it shall be deemed to have been abandoned. If no written decision has
been given to the Employer or the Union within the time limit specified in
Article 8. 06 the Employer or the Union shall be entitled to submit the
grievance to the next stage, up to and including Arbitration.
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The time limits set out in Article 8 may be extended by written agreementbetween the Employer and the Union.
8.09 Saturday, Sunday, Holidays or other days in which the Employer's offices areclosed for regular business shall not be counted in determining the timewithin which any action is or may be taken, or completed under the grievanceand arbitration procedures herein.
8. 10 The parties hereto agree that there shall be no release of information
pertaining to any alleged grievance by either of them, their employees ormembers, to public information services ( i. e. newspapers, T.V., etc.) until
after the release to the parties of any award by a Board of Arbitration.
ARTICLE 9 - ARBITRATION
9. 01 Where differences arise between the parties relating to the interpretation, application or administration of this agreement including any question as towhether a matter is arbitrable, or where an allegation is made that this
agreement has been violated, either of the parties may, after exhausting anygrievance procedure established by this agreement, notify the other party inwriting of its desire to submit the difference or allegation to arbitration, andthe notice shall contain the names of three ( 3) persons selected by the firstparty as being appropriate to act as the sole arbitrator herein. The recipients
of the notice shall within five ( 5) days inform the other party as to whether ornot any of the three ( 3) names submitted by the first party are acceptable toit as sole arbitrator, and in the event that the recipient of the notice is not
able to accept any of the three names so put forward, it shall name three ( 3) persons deemed by it to be appropriate to act as sole arbitrator herein. Within five ,(5) days after such suggestions are received from the recipient of
such notice, and in the event that none of the six ( 6) names so put forward
are acceptable to both parties to act as sole arbitrator the parties jointlyagree to request the Minister of Labour for the Province of Ontario to makean appointment of a sole arbitrator to hear such grievance. The individual
appointed as sole arbitrator shall hear and determine the difference or
allegation, and shall issue a decision, which such decision shall be final and
binding upon the parties and upon any Employee or Employer affected by it.
The Centre and the Union may, by written agreement, substitute a Board ofArbitration for a specific grievance or grievances.
9. 02 No person shall be appointed as an arbitrator who has been involved in anyattempt to negotiate this agreement or settle a grievance, or a relative of
such person.
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9. 03 Each of the parties hereto shall jointly and equally bear the fees andexpenses, if any, of the sole arbitrator, or the chairperson of the ArbitrationBoard, as provided for herein.
9. 04 It is understood and agreed that an arbitrator appointed pursuant to this
section shall have the powers, rights, privileges and jurisdiction of an
arbitrator appointed pursuant to the provisions of Section 48 of the Labour
Relations Act, Ontario. In addition, the arbitrator shall not be authorized to
make any decision to alter, modify, add or to amend any part of theAgreement.
9. 05 Time limits set forth in Articles 8 and 9 may be modified by mutualagreement in writing by both parties.
9. 06 Notwithstanding the arbitration provisions described above, the parties mayagree, failing resolution at Step 2, to submit any grievance or group ofgrievances to a single mediator/ arbitrator for resolution. Selection of the
mediator/ arbitrator shall be mutually agreed to by the parties. The parties
agree to share jointly and equally the costs associated with this process.
ARTICLE 10 - ] OB POSTING AND SELECTION
10. 01 When a vacancy is to be filled, including temporary positions expected toexceed six ( 6) months or a new position is created, such vacancy shall beposted for a period of seven ( 7) working days. The Employer shall post suchnotices on its web site — Employment Opportunities section. The Employer
shall notify employees of such web site posting( s) by placing a notification onSharepoint on the day that such notices are posted.
10. 02 In cases where qualifications, performance, ability and experience are relativelyequal, in the opinion of the Employer which shall not be exercised in an
arbitrary or discriminatory manner, seniority shall be the deciding factor whendecisions are made with regard to appointments to the above- mentioned
positions.
ARTICLE 11— DISCHARGE, SUSPENSION, TERMINATION OF EMPLOYMENT,
DISCIPLINE
11. 01 It is understood and agreed that the dismissal of an Employee during theprobationary period shall not be the subject of a grievance unless theprobationary Employee is released for exercising a right under this agreement. A claim by an Employee who has completed her probationary period that shehas been discharged without just cause shall be treated as a grievance if a
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written statement of such grievance is lodged with the Chief Executive Officer
or designate at Step # 2 of the grievance procedure within five ( 5) working daysafter the Employee is discharged and such discharge shall be dealt with under
the grievance procedure by:
a) confirming the Employer's action of dismissing the Employee;
b) reinstating the Employee with or without compensation for time lost;
c) by any other arrangement which is just in the opinion of the parties orthe arbitrator if appointed.
11. 02 The Employee shall give the Employer twenty-eight ( 28) days notice in writingof her intention to resign.
11. 03 An Employee shall receive a copy of any discipline to be placed on theEmployee's file at the time discipline is imposed, where possible. A copy ofsuch discipline shall be forwarded to the Union. Any letter of discipline, suspension or other sanction will be removed from the Employee file at the
completion of twenty-four ( 24) months ( or, in the case of non full-time
employees, when the full time equivalent time has been worked) following thereceipt of such letter, suspension, or sanction provided that the Employee's
record has been discipline free for such twenty-four (24) month period. Where the employee is on leave in excess of thirty ( 30) working days, excluding vacation, the twenty-four ( 24) month period will be extended bythe duration of such leave.
ARTICLE 12 — WORK OF THE BARGAINING UNIT
12. 01 Employees not covered by the terms of this agreement will not perform dutiesnormally assigned to those Employees who are covered by this agreement, except for the purposes of instruction or in emergencies when regular
Employees are not readily available. Management, except as expressly
permitted under Article 1. 01, shall not perform duties normally performed bymembers of the bargaining unit which shall directly cause or result in the lay- off, loss of seniority, service or benefits to members of the bargaining unit. Volunteers are not substitutes or alternatives for bargaining unit employees.
ARTICLE 13 — CONTRACTING OUT
13. 01 The Centre shall not contract out any work usually performed by members ofthe bargaining unit, if as a result of such contracting out, a layoff of anyEmployees other than casual part-time Employees follows. Contracting out to
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an Employer who is organized and who will employ, under similar terms andconditions, the Employees of the bargaining unit who would otherwise be laidoff, is not a breach of this provision. This clause will not apply to the ad- hocuse of agency personnel for single shift coverage of vacancies due to illnessor leaves of absence, provided the bargaining unit Employees have beengiven the first option to work.
ARTICLE 14 - SENIORITY AND SERVICE
14.01 Probationary Period
a) Newly hired employees shall be considered to be on probation for aperiod of four ( 4) calendar months from date of hire. Regular Part
time employees shall be on probation for six hundred ( 600) hours from
date of hire. A probationary period may be extended by the Employerfor a period of up to an additional two ( 2) months for Regular full timeemployees or 300 hours of work for regular part time employees.
Upon successful completion of the probationary period the employeeshall be credited with seniority from date of last hire.
b) In the event that a casual or temporary Employee is retained by theEmployer on a permanent basis in an identical classification, and
provided there has been no break in service, -her period of temporary orcasual employment shall be applied towards her probation period which
shall be reduced proportionately. Should such permanent appointment
be to a Regular full-time position, benefits ( except where the carrier's
requirements specify otherwise) and paid vacation entitlement shall
commence at the date of hiring into the permanent position.
14.02 Except as provided elsewhere in the collective agreement ( e.g. Article 14.04, 14.05 and 14.06) seniority shall be calculated on the basis of continuous servicewith the Employer in the bargaining unit from the date of last hire in thebargaining unit and is used for the purposes of job posting, vacation dates, layoff and recall. The calculation of service shall be determined from date of
last hire by the Employer whether in the bargaining unit or outside thebargaining unit.
For purposes of conversion from part time status to full time status, serviceshall be calculated on the basis of 1500 hours worked is equal to one year of
full time service.
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14.03 Seniority List
Seniority lists shall be compiled by the Employer and posted on the unionbulletin boards by the end of the month in April and October of each year. The
seniority list shall reflect the accumulation of hours up to the last full pay periodin the month prior to posting. The employee shall have thirty ( 30) calendardays from date of posting to challenge their individual seniority hours, followingwhich the hours are deemed final. The challenge is always limited to the hours
accumulated from the prior posting date. A copy of the said seniority list shallbe provided to the Local Union President and the OPSEU Regional Office, and a
current copy of such list shall be maintained in Human Resources and madeavailable to Stewards upon request.
14.04 Seniority and Service Accumulation
a) Seniority and service shall be retained and accumulated by an employeeduring active employment with the Employer, or when an employee is
absent from work under the following circumstances:
1. When on any approved leave of absence with pay.
2. When on pregnancy or parental leave of absence.
3. When on any approved leave of absence without pay to a maximumof thirty ( 30) continuous calendar days. The parties agree that this
does not affect regular part-time employees on unpaid vacation
leave.
4. When on sick leave with pay up to -but not including E. I. and L.T.D.
5. When in receipt of Workers Safety and Insurance Board ( WSIB)
payments up to a period of one ( 1) year.
6. When on leave under Article 23. 05 ( Education leave) or Article 23.07Pre -paid leave) service does not accumulate.
b) Seniority and service shall be retained but not accumulated when anemployee is absent from work under the following circumstances:
1. For a period of twenty-four (24) months while in receipt of L.T.D.
2. When laid off due to a reduction in staff for a period of two ( 2) yearsor less.
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3. When on any approved leave of absence without pay for a period ofmore than thirty ( 30) continuous calendar days. The parties agree
that this does not affect regular part-time employees on unpaid
vacation leave.
14.05 Loss of Seniority and Service
Seniority and service shall be lost and employment terminated when theemployee:
1. resigns;
2. is discharged for just cause, which such discharge is not reversed in a
grievance procedure provided for herein;
3. is laid off for a period of more than two ( 2) years;
4. does not return to her employment upon the expiration of an
authorized leave of absence without providing a reasonable
explanation for her failure to return as provided for or utilizes a leave
of absence, without permission, for purposes other than for which the
leave was granted;
5. has an unjustified and unexplained absence from scheduled work for
a period of five ( 5) or more consecutive working days;
6. fails upon being notified of a recall to signify his/ her intention to returnto work in accordance with Article 16. 17;
14.06 Effect of Absence
Except as otherwise provided for in this agreement, if an Employee' s absence
without pay exceeds thirty ( 30) continuous calendar days she will not
accumulate seniority or service for any purposes under the Collective
Agreement for the period of the absence in excess of thirty ( 30) continuous
calendar days and the Employee will become responsible for full payment of
any subsidized Employee benefits in which she is entitled to participate ( subjectto the carrier's approval and the carrier's exclusion) during the period ofabsence. In the case of unpaid approved leaves of absence in excess of thirty30) continuous calendar days an Employee may arrange with the Employer to
prepay the full premium of any applicable subsidized benefits during the periodof leave in excess of thirty (30) continuous calendar days to ensure coverage.
Failure to provide full payment will result in the discontinuance of coverage. If
the employee decides not to continue with benefit coverage during the leave,
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the employee shall indicate such in writing with a minimum of thirty ( 30) daysnotice to the Employer.
14.07 Retention and Accumulation of Seniority on Transfer Outside the BargainingUnit
An Employee who accepts a permanent position outside the bargaining unitshall lose her seniority unless she returns to the bargaining unit withinthree ( 3) months.
An employee who is transferred to a position outside the bargaining unit for aperiod of less than twelve ( 12) months or such longer period as the parties
may agree upon, shall retain but not accumulate seniority held at the time oftransfer. In the event the employee is returned to a position in the
bargaining unit within the time periods noted above seniority held prior to thetime of transfer shall be credited and the employee shall resume
accumulation from the date of return to the bargaining unit.
No employee shall be transferred outside the bargaining unit without consentand when an employee is transferred outside the bargaining unit the Unionwill be notified.
ARTICLE 15 — PROMOTION
15. 01 An appointment to a new position constitutes a promotion where the
maximum rate of pay applicable to the position to which the appointment ismade exceeds the maximum rate of pay applicable to the position heldimmediately prior to the appointment and where the position to which theemployee is appointed requires additional responsibility.
An Employee so promoted shall be placed at a position on the new salaryscale which ensures that she will suffer no loss in pay.
15. 02 An Employee who accepts a promotion to a higher position is entitled to a
trial period of three ( 3) consecutive calendar months. In the event that the
successful applicant proves unsatisfactory in the position during the
aforementioned trial period, or if the Employee is not satisfied with the
position, she shall return to her former position and salary without loss ofseniority and any other Employee promoted or transferred because of therearrangement of position shall also be returned to her former position and
salary without loss of seniority. The trial period may be extended by one ( 1) month by the Employer, in consultation with the Union.
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ARTICLE 16 - LAY- OFF AND RECALL
16.01 Reorganization affecting members of the bargaining unit including lay-off ordeletion of classifications shall be discussed with the Union at least one month
prior to implementation.
16. 02 All references to " notice" to Employees shall be deemed to include " notice
and/ or pay in lieu of notice" in this article. All notice provisions which are equal
to or exceed the Employment Standards Act, include any applicable noticeunder the EmploymentStandardsAct
16. 03 The Union will be consulted re: any operating plan or restructuring plan as perArticle 16.01 and be provided with any pertinent staffing and financialinformation through a Labour Management Committee. The Union will have the
opportunity to make representations as it deems appropriate through its SectorRepresentative or designate. Upon request, the Labour Management
Committee under Article 7 - Representation will be convened for the purpose
of discussing the layoff and displacement process. The Union will be afforded
the opportunity to propose voluntary measures which the Employees are willingto undertake to prevent a layoff. Such voluntary measures will be reviewed bythe Labour Management Committee and are subject to approval by theEmployer and the Sector Representative of the Union.
16. 04 A " layoff' includes a temporary or permanent discontinuation of work. In the
event of a proposed layoff at the Centre of a short-term ( less than 3 months) or
long term nature ( 3 months or longer), the Centre will:
a) for short term layoff:
provide no less than 30 days notice to the Employees and no less than
30 days notice to the Union, indicating the reasons causing the layoff, the anticipated duration of the layoff and identifying the Employees likelyto be affected. If requested, the parties will meet.
Note: Notice to the Union and notice to the Employees may run concurrently.
b) for long- term layoff:
i) provide no less than three ( 3) months notice to the Employees
and no less than four ( 4) months notice to the Union and meet
with the Union to review the following:
ii) the reason causing the layoff;
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iii) the service the Centre will undertake after the layoff including theareas of cutback and the Employees to be laid off;
and plan the following:
iv) the method of implementation;
v) ways the Employer can assist the Employees to find alternate
employment including, for example temporary positions, trainingopportunities, voluntary reductions, redeployments and identifyingvacant positions within the Centre for which the surplus members
of the bargaining unit might qualify, or such positions which arecurrently filled which are expected to become vacant within a 12month period.
vi) The Centre and the Union will discuss work schedules includingconsideration of the reallocation of hours of work among full timeand part-time Employees with due regard to seniority andconsideration of other operationally feasible alternatives.
Note: Notice to the Union and notice to the Employees may run concurrently.
16.05 Employees shall be laid off in reverse order of seniority within theirclassification, provided that those entitled to remain on the basis of seniority arequalified to do the work which is available.
16. 06 For a short term layoff, the available work assignments shall be distributed to
the most senior incumbents in the classification where operationally feasible, provided that they are qualified, willing and capable of performing the availablejob duties to ensure to the greatest possible extent, that the layoff impacts the
most junior Employee(s). No bumping is permitted. Subject to 16. 04 above,
probationary employees, then casual and temporary Employees shall be laid offfirst within the affected classification before any regular full- time or regularpart-time Employees are laid off.
For the term of this provision only, the term " classification" shall have a broadmeaning to include all the jobs that have the same professional base.
16. 07 An Employee subject to the long-term layoff shall have the right to either:
i) accept the layoff and be placed on the recall list; or
ii) opt to receive a separation allowance as outlined in Article 16. 15 ( b); or
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iii) opt to retire, if eligible under the terms of the Hospitals of Ontario
Pension Plan ( HOOPP) and receive a retirement allowance as outlined in
Article 16. 15 ( a);
iv) displace an Employee who has lesser bargaining unit seniority in thesame classification or other classification if the Employee originallysubject to layoff can perform the duties of the same classification, orother, without training other than orientation. It is understood that
such an Employee will be accorded the same amount of orientation to
which a new Employee would be entitled.
16.08 An Employee who has not received a separation allowance or retirement
allowance or opted for retirement shall be recalled to the position held prior to
the layoff in order of seniority provided the Employee remains qualified and ableto perform the available duties.
16.09 An Employee who has not received a separation allowance or retirement
allowance or opted for retirement and has been placed on the recall list, shall
have the opportunity of recall to an available opening, in order of seniority, provided she is qualified and has the ability to perform the work, before anynew Employee is hired.
16. 10 An Employee recalled to work in a different classification from which they arelaid off, or an Employee who has displaced an Employee in a lower or identical
paying classification shall be entitled to return to the position they held prior tothe layoff should it become vacant within six ( 6) months of the layoff, providedthat the Employee remains qualified and able to perform the duties of their
former position. In such a case, the posting procedure shall not apply.
16. 11 Regularly scheduled Employees who are on layoff shall be offered such casualhours as may be required in the ongoing operation of the Centre subject to theEmployees availability and willingness to work those hours. It is understood
that an Employee who is offered such hours shall maintain her position on thelayoff list and acceptance of additional hours shall not constitute a recall from
layoff. In the event that an Employee has not been recalled and two ( 2) years
have elapsed, where an Employee has been working casual hours, the Centreshall convert her status to casual, subject to the availability of hours.
16. 12 The Centre shall notify the Employee of recall opportunities by registered mailaddressed to the last address on record with the Centre which notification shall
be deemed to be received on the 10th day following the date of mailing. The
notification shall state the job to which the Employee is eligible to be recalled
and the date and time for which the Employee shall report for work. The
Employee is solely responsible for ensuring that her proper address is on recordwith the Centre.
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16. 13 Any agreement between the Centre and the Union concerning layoff and recallwill take precedence over the terms of this article.
16. 14 For the first two ( 2) months of layoff, Employees may opt to continue toparticipate in the dental plan and Extended Health Care plan and potentially forup to a further ten ( 10) months, while on layoff, subject to approval by thecarrier and exclusions, provided that the Employee pays the full premium costsof such benefits. Failure to provide full payment will result in the discontinuance
of coverage. If the employee decides not to continue with benefit coverage
during the leave, the employee shall indicate such in writing with a minimum ofthirty (30) days notice, whenever possible, to the Employer.
16. 15 ( a) Retirement Allowance
At the time of issuing notice of long-term layoffs pursuant to Article16.04 ( b), the Centre will offer early retirement allowance to a sufficientnumber of Employees eligible for early retirement under the Centre'spension plan within the classification and who would otherwise be laid
off in order of seniority, to the extent that the maximum number ofEmployees who elect early retirement is equivalent to the number ofEmployees who would otherwise be subject to layoff under Article 16.04
b).
For the purpose of this provision, the term " classification" shall have a
broad meaning to include all jobs which have the same professionalbase.
An Employee who elects an early retirement option shall receive, following completion of the last day of work, a retirement allowance ofone ( 1) weeks' salary for each year of service, to a maximum ceiling offifty-two ( 52) weeks' salary.
b) Separation Allowance
Where an Employee has received individual notice of long- term layoffunder Article 16.04 ( b) such Employee may resign and receive aseparation allowance as follows:
i) Where an Employee resigns effective within thirty (30) days afterreceiving individual notice of long- term layoff, she or he shall beentitled to a separation allowance of two ( 2) weeks' salary foreach year of continuous service to a maximum of sixteen ( 16)
weeks' pay, and, on production of receipts from an approved
educational program, within twelve ( 12) months of resignation,
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will be reimbursed for tuition fees up to a maximum of threethousand ($ 3000) dollars.
ii) Where an Employee resigns effective later than thirty ( 30) days
after receiving individual notice of long- term layoff, he or she shallbe 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, will be
reimbursed for tuition fees up to a maximum of one thousand twohundred and fifty ($1, 250) dollars.
16. 16 Recall rights shall exist for a period of two ( 2) years and shall lapse if the
Employee has not been recalled within twenty-four ( 24) months from the
effective date of layoff.
16. 17 Where a notice of recall has been delivered to an Employee, and the Employee
fails and/ or neglects to return to work within seven ( 7) days of delivery of thenotice of recall, the Employee shall be removed from the recall list and is
deemed terminated.
ARTICLE 17 - HOURS OF WORK
17.01 Applicable to Regular Full Time Employees
a) The normal work week shall be thirty-seven and one- half ( 37 1/ 2) hoursper week and the normal work day shall consist of seven and one- half7 1/ 2) consecutive hours excluding one half ( 1/ 2) hour unpaid meal
period.
b) A Regular Full Time Employee working thirty ( 30) hours per week andless than thirty-seven and one half ( 37 1/ 2) hours per week mayrequest an adjustment to her normal daily hours as described inparagraph ( a) above in order to work less than seven and one half (71/ 2) consecutive hours in a day. Such approval shall be subject tooperational requirements and at the discretion of the employer. In
such cases the rest period as defined in Article 17. 03 cannot be taken
at the end of the day.
17.02 Applicable to Regular Part Time Employees
a) The work week shall be on average less than thirty ( 30) hours per
week and the work day shall consist of seven and one- half ( 7 1/ 2)
consecutive hours or less.
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b) When employees are scheduled to work more than five ( 5) consecutive
hours, an unpaid meal period of one- half (1/ 2) hour shall be provided.
17.03 Rest Period
Employees shall be entitled to a fifteen ( 15) minute paid break during each halfday which may be taken during the work day or at the end of day, whereoperationally feasible. For greater clarity, taking paid breaks at the end of thework day is subject to operational needs. A half day is defined as three pointseven five (3. 75) hours duration.
17.04 Travel time to and from a place outside the Centre for the purpose of treatingclients or other approved purposes shall be considered to be work time. Each
Employee shall estimate such travel time and schedule her departure
accordingly to fall within normal working hours.
17.05 A Regular Full -Time employee and the Program Administrator may mutuallyagree, subject to operational requirements, to reduce the hours of the normal
work week by up to a maximum of seven and one-half ( 7 1/ 2) hours. Such
employee shall retain a full time status and benefits shall be paid in accordance
with Schedule " B" attached.
17.06 Overtime
a) An Employee shall be deemed to have worked overtime when the
employee has worked in excess of seven and one-half ( 7 1/ 2) hours per
day or thirty-seven and one half (37.5) hours during any one week.
b) Overtime is not to be worked at the initiative of an Employee without the
prior approval of the Program Administrator. Should an Employee be
involved in procedures which necessitate the continuance of her
activities so that overtime occurs, no prior approval is required of the
Program Administrator, however, the Employee is to advise the Program
Administrator in writing of the overtime worked at the completion of theovertime.
c) Employees shall advise the Program Administrator in writing of overtimeworked within five ( 5) working days of the date upon which overtimewas so worked.
d) Unless agreed to with the Program Administrator prior to the
commencement of the overtime work, all overtime worked will be
compensated with paid time off.
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e) An Employee who has worked overtime shall be compensated for all
overtime hours worked to a maximum of forty-four ( 44) per week byreceiving one ( 1) hour of paid time off for each hour of overtime worked. Where overtime hours in a pay period exceed forty-four ( 44) in a week, the Employee shall be compensated for such overtime hours by receivingone and one half ( 1 1/ 2) hours of paid time off work for each hour of
overtime worked.
f) The Employee shall be compensated for any overtime worked on astatutory holiday by receiving two ( 2) hours of paid time off work for
each hour of overtime worked.
g) Such paid time off shall be taken at a mutually agreeable time, andusually, within the pay period in which overtime was earned. Where
operational requirements preclude taking such time off during the payperiod in which the overtime was earned, such banked time may betaken at a later date, but at no time beyond the end of the fiscal quarter
following the quarter in which the overtime was earned. Following that, the employer reserves the right to schedule the time off. Where paid
time off cannot be scheduled due to operational needs, the Employee
shall be paid for overtime hours at the rate in which the overtime is
accrued.
h) Time in the Employee's overtime bank should not exceed twenty-twoand one half ( 22 1/ 2) hours at any time and may not be carried over tothe next fiscal year. Any overtime left in an employee's bank at the endof the fiscal year shall be paid out on the last full pay period of that fiscalyear.
Notwithstanding the above paragraph of 17.06 ( h), employees who work
in the Recreation Therapy Summer Program may bank up to ninety ( 90) hours of overtime during the summer program. All other provisions of
this Article shall apply.
i) Where it is agreed by the Program Administrator that such overtime is tobe paid out rather than banked, the Employee will be compensated for
each completed thirty ( 30) minutes of overtime worked at the rate in
which overtime is accrued.
17.07 Job Sharing Arrangements
Where the Centre and the Union agree, job sharing arrangements may beentered into between the parties. Job sharing is defined as an arrangementwhereby two employees share the hours of work of what would otherwise be
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one full-time position. The position involved in the job sharing arrangement willbe maintained as a full-time position in the Center's staffing complement.
Model Agreement With Respect to Job Sharing
Memorandum of Agreement
between-
Ottawa Children' s Treatment Centre
and-
The Ontario Public Service Employees Union and its Local 484
1. Work Unit and Employees Covered
Detailed and specific description of department and employees covered)
2. Hours of Work
Scheduling and coverage arrangements to be set out in this Article)
3. Status of Employees
The employees involved in a job sharing arrangement will be classified asregular part-time and will be covered by the provisions of the collectiveagreement.
4. Discontinuance
Discontinuance provisions to be set out in this Article. In preparingdiscontinuance language, the parties shall make provisions for a full- time
employee who has transferred to a regular part-time position as part of a job
sharing arrangement to have the first option of returning to that full- timeposition on the collapse of the arrangement.)
Date of agreement and signing lines to be inserted into the job sharingagreement.
17.08 Compressed Work Week Arrangement
Where the Employer and the Union agree, and subject to the Ministry of Labourapproval, if necessary, arrangements regarding compressed work week may beentered into.
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Model Agreement With Respect to Compressed Work Week
Memorandum of Agreement
between-
Ottawa Children' s Treatment Centre
and-
The Ontario Public Service Employees Union and its Local 484
Article 1— Work Unit and Employees Covered
Detailed and specific description of department and employees covered.)
Article 2 — Hours of Work
Scheduling arrangements to be set out in this Article.)
Article 3 — Agreed Variation From the Collective Agreement
Collective Agreement provisions to be varied for example holiday pay, vacation etc.)
Article 4 — Rest Periods
4.01 Employees shall be entitled to rest periods during the shift on the basisof fifteen minutes for each 3. 75 hour worked.
Article 5 — Meal Periods
5. 01 ( The length of the meal period to be determined.)
Term
This Agreement shall be ( Specify Term).
Either party may, on written notice of sixty ( 60) days to the other party, terminate this Agreement notwithstanding the above specified term.
Date of agreement and signing lines to be inserted into the compressed workweek agreement.
ARTICLE 18 - STATUTORY HOLIDAYS
18. 01 The following days shall be observed as statutory holidays:
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New Year's DayFamily Day (3rd Monday of Feb) Good FridayEaster MondayVictoria DayCanada Day
Civic HolidayLabour DayThanksgiving DayChristmas DayBoxing Day
18. 02 Should a Regular Full- time Employee work all or any part of a statutoryholiday, such Employee shall be granted an additional day of rest in herscheduled work period with no diminution of pay. In the event that the
Employee works the statutory holiday, she shall receive as well as her
additional day of rest indicated above, one and one half ( 1 1/ 2) times her
hourly rate of pay for each hour worked. Overtime worked on a statutoryholiday shall be in accordance with 17.06 ( f).
18.03 Should any one or more of the Holidays as set out in Article 18.01 occur duringan Employee's vacation period, such vacation shall be extended by that numberof day(s), or the Employee shall be given equivalent time off at any other timeby mutual consent.
18. 04 Where any holiday(s) fall( s) on a Saturday or Sunday, the following Mondayor Tuesday or the preceding Friday, at the discretion of the Employer, shallbe considered to be the day(s) of rest with no diminution of pay. These
substitute days shall not be considered to be premium days.
18. 05 In addition to the designated holidays in Article 18. 01 above, the Employer
will grant for Regular full time employees one ( 1) floating holiday per fiscalyear on the following basis:
a) The Employee must have at least three ( 3) months' continuous service
in order to qualify,
b) It is understood that the floating holiday is not a premium day.
c) The floating holiday as described above shall be taken before the endof the fiscal year. In the event that an employee terminates
employment during a fiscal year the employee must possess three ( 3) months of service in that fiscal year in order to qualify. If the
Employee has not qualified for the floating holiday, but has taken thefloat, the equivalent float hours taken shall be deducted from anyoutstanding pay due to the employee.
d) The wishes of the Employee concerning the scheduling of the floatingholiday will be taken into consideration, but the decision of the
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Employer shall govern in order to maintain the efficient running of theCentre.
e) In the event that a new statutory holiday is legislated, that holidayshall replace the floating holiday.
18.06 Holiday Qualifiers
In order to qualify for pay for a holiday or floating holiday as set out in Article18, an Employee shall complete the full scheduled shift on each of the workingdays immediately preceding and following the holiday concerned unlessexcused by the Centre or the Employee was absent due to:
a) legitimate illness or accident which commenced within a month of the
date of the holiday; b) vacation granted by the Centre; c) the Employee's regular scheduled day off; d) a paid leave of absence provided the Employee is not otherwise
compensated for the holiday.
An Employee entitled to holiday pay hereunder shall not receive sick leave towhich she may otherwise have been entitled. An Employee receiving WSIBBenefits for the day of the holiday shall, subject to the above provisions, beentitled to the difference between the amount of the WSIB Benefits and the
holiday pay.
ARTICLE 19 - VACATION LEAVE — REGULAR FULL TIME EMPLOYEES
19. 01 Accumulation of Vacation Leave
The vacation year shall be from April 1 to March 31 of the following calendaryear.
Professional Staff — Pre -School Teacher and above
An Employee with up to eight ( 8) years of continuous service shall earn
vacation leave credits at the rate of one and two-thirds ( 12/ 3) days per month. After eight ( 8) years of continuous service an Employee shall earn vacationleave credits at the rate of two and one -twelfth ( 2 1/ 12) days per month. After
twenty-two ( 22) years of continuous service an Employee shall earn vacationleave credits at the rate of two and one-half ( 2 1/ 2) days per month. EffectiveOctober 2, 2014, after twenty-eight ( 28) years of continuous service an
Employee shall earn vacation leave credits at the rate of two and eleven - twelfths ( 2 11/ 12) days per month.
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Below classification of Pre- school Teacher
An Employee with up to three ( 3) years of continuous service shall earn
vacation leave credits at the rate of one and one-quarter ( 1 1/ 4) days per
month. After three ( 3) years of continuous service an Employee shall earn
vacation leave credits. at the rate of one and two-thirds ( 12/3) days per month.
After thirteen ( 13) years of continuous service an Employee shall earn vacation
leave credits at the rate of two and one -twelfth ( 2 1/ 12) days per month. After
twenty-two ( 22) years of continuous service an Employee shall earn vacationleave credits at the rate of two and one-half ( 2 1/ 2) days per month. Effective
October 21 2014, after twenty-eight ( 28) years of continuous service an
Employee shall earn vacation leave credits at the rate of two and eleven -
twelfths ( 2 11/ 12) days per month.
The accumulation of vacation leave credits is subject to the " Seniority andService" provision ( Article 14) of this agreement.
An Employee may request an additional five ( 5) days' vacation leave, withoutpay, which may be scheduled subject to approval and operational requirementsprovided that the Employee has exhausted all vacation leave credits.
Full time Employee's vacation leave credits are accumulated with pay. Part time
Employees vacation leave credits are calculated on a pro -rata basis based on
hours worked and are accumulated without pay.
19.02 Scheduling of Vacation Leave
Employees shall submit their vacation requests to their immediate supervisor, in
writing, as far in advance of the requested vacation period as possible. An
Employee who wishes to change their vacation date shall make a written
request to their immediate supervisor in advance of the date upon which she
intends to leave for such vacation. Subject to the operational requirements of
the service, the Employer shall make every effort to ensure that an Employee'swritten request for vacation leave is approved. The granting of such requestshall be at the discretion of the Employer.
19.03 Interrupted Due to Serious Illness
a) Where an Employee's scheduled vacation is interrupted due to serious
illness which commenced prior to and continues into the scheduled
vacation period, and the Employee provides proper medical evidence in
accordance with Article 22.02, the period of such illness shall be
considered sick leave.
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b) Where an Employee's scheduled vacation is interrupted due to serious
illness requiring the Employee to be an inpatient in a hospital, and theEmployee provides proper medical evidence in accordance with Article
22. 02, the period of such hospitalization shall be considered sick leave.
c) The Employee shall provide notice of their intention to exercise leave
under this article to the Employer as soon as reasonably practicable.
19. 04 Employees are permitted to take their vacation leave in the year in which it isearned, even if the full number of days requested has not yet been earnedprovided that the maximum vacation time in arrears does not exceed ten ( 10)
days of the employee' s entitlement at any one point in time and provided thatthe Employee signs a written direction in favour of the Employer authorizing adeduction from salary for any overpayment should the Employee leave theEmployer before she has earned the vacation leave/ pay and agreeing toindemnify the Employer.
Should a full- time Employee leave the employ of the Employer before she hasearned all vacation taken, an amount equivalent to such unearned vacation
credits shall be deducted from any outstanding pay due to her.
19. 05 When an Employee terminates employment before taking vacation she shall bepaid for all unused accumulated vacation on a pro -rata basis as outlined inArticle 19. 01.
When an Employee transfers from Regular Full time status to Regular Part time
status before taking vacation she shall be paid for all unused accumulatedvacation on a pro -rated basis as outlined in Article 19.01. In the alternative, and
subject to operational considerations, an employee who transfers from regular
full time status to regular part time status may take paid vacation leave, prior tothe commencement of the regular part-time position,
19. 06 A maximum of five ( 5) vacation days may be carried forward from one vacationyear to the next vacation year provided that they are used by August 31 of thenext vacation year, upon approval and at the discretion of the Program
Administrator. Such approval will not be unreasonably denied. At the request ofthe Employee, and at the discretion of the Program Administrator, the
requirement of this Article may be waived.
ARTICLE 20 - VACATION LEAVE - PART-TIME/ TEMPORARY EMPLOYEES
20. 01 Regular part-time and temporary employees shall be entitled to vacation paybased upon the formulae described in Article 19. 01 and pro -rated for theirhours of work.
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Regular part-time and temporary employees shall be entitled to the samevacation time off, without pay, annually as is allowed full- time employees intheir respective classification, pro -rated based on hours worked and vacationmust be taken within the fiscal year. Vacation pay for Regular part-time andtemporary employees shall be paid bi- weekly and as follows:
3 weeks entitlement — 6% of regular earnings
4 weeks entitlement — 8% of regular earnings
5 weeks entitlement —10% of regular earnings
6 weeks entitlement —12% of regular earnings
7 weeks entitlement —14% of regular earnings (effective October 2, 2014)
20. 02 Equivalent years of service shall be used to determine vacation pay
entitlement. Equivalent years of service shall be calculated on the basis of
one ( 1) year of service for each 1500 hours worked.
20. 03 Casual employees shall be entitled to vacation pay in accordance with theEmployment Standards Act.
ARTICLE 21 - JURY AND WITNESS FEE
21. 01 If an Employee is required to serve as a juror in any court of law, or is
required to attend as a witness in a court proceeding in which the Crown is aparty, or is required by subpoena to attend a court of law or coroner's inquestin connection with a case arising from the Employee's duties at the Centre, the employee shall not lose regular pay because of such attendance providedthat the employee:
a) notifies the Centre immediately on notification that they will berequired to attend court;
b) presents proof of service requiring the employee' s attendance;
c) deposits with the Centre the full amount of compensation received
excluding mileage, travel and meal allowances and an official receiptwhere available.
ARTICLE 22 — SICK LEAVE
22.01 Sick leave means that period of time an Employee is permitted to be absentfrom work with pay due to illness, disability, non -compensatory accident whichis not covered under any of the pension or insurance policies retained for thebenefit of Employees of the Employer. Upon completion of their probationary
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period employees shall be entitled to short term sick leave as described inparagraphs a) and b) below:
a) For Regular part-time, casual and temporary employees, sick leave istaken on an unpaid basis.
b) For Regular full- time employees, paid sick leave benefits are providedon an annual basis based on the fiscal year of April 1st to March 31st
of the following year. Up to 17 weeks or 85 paid days may be availablefor short-term sick leave per year. Upon expiration of short-term paid
sick leave benefits, a full- time employee who continues to be unable to
work may apply for employment insurance and subsequently for long- term disability ( LTD) benefits which are intended to provide a
continuation of income if the employee is unable to work. Employees
must meet the plan carrier's requirements to qualify for LTD. and thecarrier is the sole adjudicator of any claims submitted under the plan. The employer will provide employees with the proper forms and anyother information necessary to making an appeal of the carrier'sdecisions.
Paid sick leave benefits for full- time employees are available accordingto the following schedule:
Length Of Service Sick Leave Benefits Per Fiscal Year
After completion of probationary 10 working days @ 100% of payperiod but less than 2 years 75 working days @ 66 2/ 3% of pay
2 years but less than 3 years
3 years but less than 4 years
4 years but less than 5 years
5 years but less than 6 years
6 years but less than 7 years
20 working days @ 100% of pay
65 working days @ 66 2/ 3% of pay
30 working days @ 100% of pay
55 working days @ 66 2/ 3% of pay
40 working days @ 100% of pay
45 working days @ 66 2/ 3% of pay
50 working days @ 100% of pay
35 working days @ 66 2/ 3% of pay
60 working days @ 100% of pay
25 working days @ 66 2/ 3% of pay
7 years but less than 8 years 70 working days @ 100% of pay
15 working days @ 66 2/ 3% of pay
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8 years but less than 9 years
Over 9 years
80 working days @ 100% of pay
5 working days @ 66 2/ 3% of pay
85 working days @ 100% of pay
An Employee who has exhausted paid sick leave benefits but remains
unable to return to work may request an unpaid leave of absence.
If an Employee exhausts the 85 paid sick days and does not return to
work, the Employee will not be entitled to paid sick leave benefits for
any subsequent fiscal year until such time as the Employee returns towork.
22.02 Medical certificates must be submitted for absences due to illness or injury forperiods of more than three ( 3) working days. The Employer may requestmedical evidence of ability to report to work in any instance where anemployee's absence for medical reasons exceeds the average for all
employees of the Centre. Such evidence may be requested from theEmployee's own doctor. Where the Employee' s doctor fails to provide such
medical evidence, or the evidence provided is not satisfactory to theEmployer, the Employer may request that the Employee' s condition bereviewed by a doctor agreed upon between the Centre and the Employee.
22. 03 An employee off work due to an illness or injury sustained at work and whohas been awaiting approval of a claim for WSIB for a period longer than onecomplete pay period may apply to the Employer for payment equivalent tothe lesser of the benefit that would be received from WSIB if the claim was
approved, or the benefit to which they would be entitled to under sick leavebenefits. Payment will be provided only if the Employee provides evidence ofdisability satisfactory to the Employer and a written undertaking satisfactoryto the Employer that any payments will be refunded to the Employerfollowing final determination of the claim by WSIB. If the claim for WSIB is
not approved, the monies paid as an advance will be applied towards the
benefits to which the Employee would be entitled under the sick leave plan.
Any payment under this provision will continue for a maximum of theEmployee' s available sick leave benefits.
22.04 The Employer agrees to continue to remit the Employer's portion of premium
payment for those insured benefits under Article 25 as applicable, while anEmployee is on short term sick leave ( including the Employment InsurancePeriod, if applicable) and beyond to a maximum of thirty ( 30) months from thetime the absence commenced. Employees who are on temporary layoff orunpaid leave may continue to participate in the benefit plans subject to theterms of the insurance plans provided that the Employee advises the Employer
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in writing of her intention to continue to participate in the insurance plans andprovided that the Employee assumes responsibility to pay the full benefitpremium cost(s) for such plan( s).
ARTICLE 23 - LEAVES OF ABSENCE
23. 01 Pregnancy Leave
a) Pregnancy leave will be granted in accordance with the provisions of theEmployment Standards Act, 2000 except where amended in this
provision.
b) The service requirement for eligibility for pregnancy leave shall bethirteen ( 13) weeks of continuous service.
c) The Employee shall give the Centre at least four ( 4) weeks written
notification of her intention to take pregnancy leave and the noticeshould set out the date of commencement of her leave of absence and
the expected date of return. The Employee shall furnish the Centre with
the certificate of a legally qualified medical practitioner stating that she ispregnant and the due date of the child. Where circumstances change
such that the date of the commencement of the pregnancy leaveoriginally anticipated by the Employee changes, the Employee shall
notify the Centre thereof as soon as possible.
Article 23. 01( d) is applicable to regular full- time employees and regular part
time employees only)
d) Effective upon confirmation by the Employment Insurance Commissionof the appropriateness of the Centre's Supplemental Unemployment
Benefit ( SUB) Plan, an Employee who is on pregnancy leave as providedunder this agreement who is in receipt of Employment Insurance
pregnancy benefits pursuant to the Employment Insurance Act, shall bepaid a supplemental employment benefit equivalent to the differencebetween 84% of her regular weekly earnings and the sum of her weeklyEmployment Insurance benefits and any other earnings. The Employee
shall provide the Centre with her Employment Insurance cheque stub as
proof that she is in receipt of Employment Insurance pregnancy benefitsand such benefits shall continue while the Employee is in receipt of suchbenefits for a maximum period of fifteen ( 15) weeks. The Employee's
regular weekly earnings shall be determined by multiplying the regularhourly rate on the last day worked prior to the commencement of theleave times her normal weekly hours. The Centre shall register this
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provision with the Employment Insurance Commission as part of the SUB
Plan.
e) The pregnancy leave shall be granted for a period up to seventeen ( 17) weeks. Should the Employee elect to take a pregnancy leave for aperiod of less than seventeen ( 17) weeks, the Employee shall give four
4) weeks written notice to extend the pregnancy leave up to amaximum of seventeen ( 17) weeks prior to the expiry of the approvedleave.
f) The Employee shall reconfirm her intention to return to work on the date
originally approved in subsection ( c) or ( e) above by written notificationreceived by the Centre at least two ( 2) weeks prior to the expiry of theleave of absence for pregnancy. Subject to any changes to theEmployee's status which would have occurred had she not been on
Pregnancy Leave, the Employee shall be reinstated to the position theEmployee most recently held with the Employer, if it still exists, or to acomparable position, if it does not.
g) An employee may change the end date of her pregnancy leave bycomplying with the requirements of the Employment Standards Act, 2000.
23. 02 Parental Leave
a) Where an Employee with at least thirteen ( 13) weeks of continuous
service becomes a parent as the result of the birth of a child, or a child
coming into the Employee's custody, care and control for the first time, such Employee is entitled to parental leave of absence of up to thirty-five35) weeks if the Employee also took pregnancy leave and thirty-seven37) weeks otherwise. A " parent" also includes a person with whom a
child is placed for adoption and a person who is in a relationship of somepermanence with the parent of the child and who intends to treat the
child as his or her own.
The Employee shall give the Centre written notification at least four ( 4)
weeks of the date of the commencement of the leave of absence and ofthe expected date of return. If, because of late receipt of confirmation
of a pending adoption or other unanticipated circumstance over whichthe Employee had no control, the Employee finds it impossible to request
the leave of absence in writing, the request may be made verbally andsubsequently verified in writing. The cumulative total of pregnancy leaveand parental leave shall not exceed fifty-two ( 52) weeks.
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b) An Employee shall reconfirm her intention to resume employment with
the Centre in writing four ( 4) weeks prior to the expiry of the parentalleave. Subject to any changes to the Employee's status which wouldhave occurred had she not been on parental leave, the Employee shall
be reinstated to the position the Employee most recently held with theEmployer, if it still exists, or to a comparable position, if it does not.
Article 23.02( c) is applicable to regular full- time employees and regular part
time employees only)
c) Effective upon confirmation by the Employment Insurance Commissionof the appropriateness of the Centre's Supplemental Unemployment
Benefit ( SUB) Plan, an Employee who is on parental leave as provided
under this agreement who is in receipt of Employment Insurance
parental benefits pursuant to the Employment Insurance Act shall be
paid a supplemental unemployment benefit. That benefit will be
equivalent to the difference between 84% of her regular weekly earningsand the sum of her weekly Employment Insurance benefits and anyother earnings. The Employee shall provide the Centre with her
Employment Insurance cheque stub as proof that she is in receipt of
Employment Insurance parental benefits and such benefits 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 bedetermined by multiplying the regular hourly rate on the last day workedprior to the commencement of the leave times her normal weekly hours. Where more than one Employee is caring for a child for whom theparental leave is requested, the benefits of the sub plan can be divided
between the Employees or claimed by one ( 1) Employee.
An Employee does not have a right to SUB payments except forsupplementation of E. I. benefits for the unemployment period as
specified in this article. Payments such as guaranteed annual
remuneration, deferred remuneration or severance pay are not reducedor increased by payments received under this article.
d) An employee may change the end date of her parental leave bycomplying with the requirements of the Employment Standards Acts2000,
23. 03 Pregnancy/ Parental Leave — Credit for Service and Seniority, Continuation ofBenefits
During the pregnancy/ parental leave approved under this article, credit for
service and seniority shall continue to accrue for the purposes of salaryincrements, vacation leave entitlement, sick leave or any other service credits.
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For full-time Employees on pregnancy/ parental leave, the Employer shall
continue to make its contributions for benefits premiums on behalf of eligibleEmployees provided that the Employer has received written notice of the
Employee's intention to participate in benefit plans during such leave and theEmployee provides payment for her share of the premium costs required under
this collective agreement. For part-time Employees, seniority and service
accumulation shall be based on an average of the previous six months regular
hours worked by a part-time Employee.
In the event of an increment or general wage increase, retroactive or
otherwise, falling due during the period of the pregnancy/ parental leave theEmployee's rate of pay and the payments under the SUB plan shall berecalculated and adjusted accordingly, effective the date of the increase.
23.04 Compassionate Leave
a) Applicable to Regular full- time employees only
Compassionate leave will be granted to employees in the event of a
death in the family as follows:
i.) Up to five ( 5) days leave with pay on the death of a spouse, child, parent or guardian in conjunction with the day of thefuneral;
ii.) Up to three ( 3) days leave with pay on the death of a brother, sister, grandparent, grandchild, father- in- law, mother-in- law,
brother- in- law, sister-in- law, son- in- law, or daughter- in- law in
conjunction with the day of the funeral;
iii.) Additional leave of absence without pay may be granted at thediscretion of the Employer for purposes relating to the makingof funeral arrangements.
Where an Employee' s scheduled vacation is interrupted due to
bereavement, the Employee shall be entitled to compassionate leave in
accordance with the above provision. The portion of the Employee' s
vacation which is deemed to be bereavement leave under the aboveprovision will not be counted against the Employee's vacation credits.
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b) Applicable to Regular part time employees only
For Regular Part time employees, the employee shall receive payunder article 23. 04 ( i) and ( ii) above only for the days that theemployee was scheduled to work following the death of a relative.
23.05 Educational Leave
a) The parties acknowledge the importance of continuing professional andeducational development opportunities. All employees are encouraged to
review the Staff Development Policy of the Center and to discusseducational and professional development opportunities with their
supervisor(s).
b) Upon written request to the Program Administrator, a leave of absence
without pay may be granted to an Employee enrolled in a course of post- graduate study. Such leave may be granted for a period of up to one ( 1) year during which time, the Employee on Educational Leave will continue toaccumulate seniority but shall have no other entitlement to benefits underthis collective agreement. Subject to the carrier's approval and the carrier's
exclusions, the Employee on Educational Leave may maintain coverage inthe health and dental benefits plans ( excluding Long Term Disability) whichmay be in place from time to time by making arrangements to pay theEmployer the full benefit premium cost(s) for such plan( s). Failure to
provide full payment will result in the discontinuance of coverage. If the
employee decides not to continue with benefit coverage during the leave, the employee shall indicate such in writing with a minimum of thirty ( 30) days notice to the Employer.
c) The Union and the Employer mutually agree to encourage participation byEmployees in the affairs of their respective professional associations and in
particular to encourage active participation in the continuing education .
programmes which may be sponsored by any such professional association.
d) Leave of absence with pay for the purpose of attending work relatedprofessional meetings or courses will be granted and travel expenses paid
according to the approval of the Employer. Attendance at such meetingsand courses shall be distributed equitably amongst all the Employees whowork part-time or more.
e) In addition to the foregoing, it is understood and agreed that no overtimewill be paid to an Employee attending such course or meeting on her owntime, for hours spent in such courses in excess of ordinary working hours, unless the Employer has approved payment of such hours as overtime inadvance.
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It is further understood that persons selected as delegates may berequested by the Employer to provide a short lecture upon their returnpertaining to the special lectures or seminars attended at such conventions.
f) If an Employee is a member of the executive of a provincial or national
professional association related to her employment with the Employer, she
shall be entitled to five ( 5) days leave of absence with pay in each calendaryear for the purpose of attending meetings subject to the operationalrequirements of the Employer.
g) Employees who attend approved meetings or courses on their own time are
entitled to equivalent time off in lieu.
23. 06 Leave for Union Matters
The Employer agrees to permit a cumulative total of up to two ( 2) Stewards aleave of absence without pay of up to four ( 4) days each in each calendar yearto attend conventions of the Ontario Public Service Employees Union or the
Union, subject to a written notice of fifteen ( 15) working days. An Employee
may be granted a leave of absence without pay and without accumulation ofseniority for a period not to exceed twenty-four ( 24) months in order to enterthe employment of the Ontario Public Service Employees Union. On completion
of this leave the Employee will be guaranteed the first available bargaining unitposition for which she is qualified in their place of employment. The Employee
shall notify the Employer in writing of her intent to return to the first availablebargaining unit position for which she is qualified or not to return to OCTC, notless than thirty (30) days prior to completion of the initially approved leave.
23. 07 Pre -Paid Leave Program
The Employer agrees to introduce a pre -paid leave program funded solely bythe Employee, subject to the following terms and conditions:
a) The plan is available to Employees wishing to spread four ( 4) years' salary over a five year ( 5) period, in accordance with Part LXVIII of theIncome Tax Regulations, Section 6801, to enable them to take a one ( 1)
year leave of absence following the four ( 4) years of salary deferral. Inaddition the plan may be established to spread two ( 2) years' salaryover a two and one-half ( 2 1/ 2) year period to enable an employee to
take six (6) months leave following two years of salary deferral.
b) The Employee must make written application to the Program
Administrator at least six ( 6) months prior to the intended
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commencement date of the program ( i. e. the salary deferral portion), stating the intended purpose of the leave.
c) No more than one Employee may be absent at any one time. The year
for purposes of the program shall be April 1 of one year to March 31 the
following year or such other twelve-month ( 12) period as may be agreedupon by the Employee, the Union and the Employer.
d) Written applications will be reviewed by the Program Administrator ordesignate and will be given priority on the basis of leaves for formalstudies related to the profession. Applications for leaves requested for
other purposes will be given the next level of priority on the basis ofseniority.
e) During the four (4) years of salary deferral, 20% of the Employee's gross
annual earnings will be deducted and held for the Employee and will notbe accessible to the employee until the year of the leave or uponwithdrawal from the plan.
f) The manner in which the deferred salary is held shall be at the discretionof the Employer.
g) All deferred salary, plus accrued interest, if any, shall be paid to theEmployee -at the commencement of the leave or in accordance with such
other payment schedule as may be agreed upon between the Employerand the Employee.
h) All benefits shall be kept whole during the four ( 4) years of salary
deferral. During the year of the leave, seniority will accumulate. Service
for the purpose of vacation and salary progression and other benefits willbe retained but will not accumulate during the period of leave. The
Employee shall become responsible for the full payment of premiums for
any health and dental plans in which he/ she is participating. Contributions to the Hospitals of Ontario Pension Plan will be in
accordance with the plan. The Employees will not be eligible to
participate in the disability income plan during the year of the leave.
i) An Employee may withdraw from the plan any time during the deferralportion provided three ( 3) months' notice is given to the Program
Administrator. Deferred salary, plus accrued interest, if any, will bereturned to the Employee, within a reasonable period of time.
j) If the Employee terminates employment, the deferred salary held by theCentre plus accrued interest, if any, will be returned to the Employee
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within a reasonable period of time. In the case of the Employee's death,
the funds will be paid to the Employee's estate.
k) The Centre will endeavour to find a temporary replacement for theEmployee as far in advance as practicable. If the Centre is unable to
find a suitable replacement, it may postpone the leave. The Centre will
give the Employee as much notice as is reasonably possible. The
Employee will have the option of remaining in the Plan and rearrangingthe leave at a mutually agreeable time or of withdrawing from the Planand having the deferred salary, plus accrued interest, if any, paid out toher within a reasonable period of time.
1) The Employee will be reinstated to their former position and job dutiesunless the position has been discontinued, in which case the Employee
shall be given a comparable job, if possible, or the layoff provisions willbe applied.
m) Final approval for entry into the pre -paid leave program will be subject tothe Employee entering into a formal agreement with the Employer inorder to authorize the Employer to make appropriate deductions from
the Employee's pay. Such agreement will include:
1. a statement that the Employee is entering the pre -paid leaveprogram in accordance with Article 23. 07- of the Collective
Agreement;
2. the period of salary deferral and the period for which the leaveis requested;
3. the manner in which the deferred salary is to be held.
The letter of application from the Employee to the Employer to enter the
pre -paid leave program will be appended to and form part of the writtenAgreement.
23. 08 Discretionary Leave
Applicable to Regular Full time employees only
An Employee may take up to three ( 3) days per annum for the purposes of
discretionary leave for the following reasons:
a) Essential appointments which cannot be scheduled outside workinghours; Medical, dental, or legal appointments for an employee or an
employees' spouse or child;
b) sickness or surgery of child, spouse or parent or other dependent
c) a family emergency.
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Per annum" shall refer to April 1 to March 31.
Discretionary leave is non -cumulative and the leave must be approved by theemployee's immediate supervisor.
23. 09 Personal Leave
The Employer may grant a leave of absence without pay to any Employee forany other reason provided that the Employee has exhausted all availableaccrued vacation leave credits with the exception of a request for the
observance of a generally recognized religious holiday not provided for by theCentre and with the exceptions of Family Medical Leave, Emergency LeaveDeclared Emergencies, Personal Emergency Leave, and Reservist Leave
provisions under the Employment Insurance Act, 2000. The granting of suchrequests shall be subject to operational requirements but such requests shall
not be unreasonably denied.
Notwithstanding paragraph one ( 1) above, should the Employer schedule an
agency -wide holiday shut down requiring employees to be off work,
employees will have the option to take the time in one of the following ways: a) vacation, and/ or
b) personal leave without pay, and/ orc) banked time that is earned
23. 10 Emergency Leave Days
The parties acknowledge that the paid leave provisions of this Agreement,
including sick leave, compassionate leave and discretionary leave, constitute agreater right or benefit than the ten ( 10) unpaid Emergency Leave daysprovided by the Employment Standards Act, 2000 of Ontario. If, for anyreason, a bargaining unit member would not be entitled to paid leave incircumstances that would constitute reason for unpaid Emergency Leave underthe Employment Standards Act, then the bargaining unit member shall beentitled to utilize any remaining Emergency Leave they may have in accordancewith the qualifying terms and conditions of the Act. Individuals who utilize paid
leave for situations that qualify as unpaid Emergency Leave will be deemed tohave utilized Emergency Leave.
23. 11 Inclement Weather
A member of the bargaining unit who is unable to report for work due toinclement weather resulting in hazardous road conditions has the right to usepersonal leave, float, or vacation leave, or banked time, to replace lost time due
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to inclement weather. The employee must notify their immediate manager ifthey are unable to report to work.
ARTICLE 24 - PROTECTION OF EMPLOYEES
24.01( a) An employee who is authorized to use her car on approved Centre
business will be reimbursed by the Employer for mileage and parkingexpenses. All other travel expenses must be pre -approved by theEmployer in order to obtain reimbursement. Mileage will be reimbursed
at the rate of forty-three cents per kilometre ( 434/ km). Claims for
reimbursement must be made on the claims forms with supportingreceipts, where applicable.
b) Mileage Calculations
For the purpose of mileage calculations, the normal place of work shall
be the Centre. The calculation of business mileage shall be:
i) at the beginning of the workday, those kilometres in excess of theamount between the Employee's home and normal place of work; or,
ii) if the distance to the first designated stop is less than the distancebetween the Employee' s home and the Centre then the businessmileage would commence after the first scheduled stop.
iii) at the end of the workday, should the distance home from thelast scheduled stop be greater than the distance from home tothe Centre then the Employer will pay the difference.
iv) An employee who resides within the Municipality of the City ofOttawa ( MCO), whose normal place of work includes two or
more office locations, at least one of which is situated outside
the MCO and to which the employee was/ is unilaterally assigned
by the Centre, will be paid mileage for travel to and from theoffice location outside of the MCO. Such mileage payment will
be the lesser of the following:
a) The distance between the employee's office locationoutside of the MCO and the nearest OCTC office within
the MCO; or
b) The distance between the employee's home and theiroffice location outside of the MCO.
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c) Supplementary Business Insurance
The business portion of automobile insurance premiums arising from theuse of the Employee's automobile on Employer business shall be paid bythe Employer upon production of a receipt from the insurance carrier upto a maximum of one hundred dollars ($ 100). Payment shall be
provided effective the Employee's next policy renewal. It is understoodand agreed that employees using their personal vehicle(s) on Centre
business shall maintain third parry liability insurance for such vehicle witha minimum of one million dollars ($ 1, 000, 000) coverage and show proof
of such to the employer upon request for this insurance premium
reimbursement.
24.02 The Employer agrees to underwrite the cost of providing liability insurance inrespect of individual Employees, and to save such Employees harmless in
respect of any such actions, or causes of actions, which may be instituted as aresult of such Employee's discharge of her duties while in the employ of theEmployer.
ARTICLE 25 — INSURANCE PLANS
Article 25 applies to Regular Full- time Employees only with the exception of HOOPP
25. 01 Pension Plan
Each employee shall join the Hospitals of Ontario Pension Plan ( HOOPP)
in accordance with the regulations of the Plan.
25. 02 Eligibility
Upon completion of an employee's probationary period and as a condition ofemployment all employees must participate in the benefits programs provided
for in this article unless proof of coverage is provided to the employer.
25. 03 Benefit entitlements and premium levels for the physiotherapists currentlyemployed at the Centre on October 11, 2006 shall be on the basis of the
Collective Agreement expired on March 31, 2004. ( See Appendix " D'). All
other employees shall be covered as per the provisions outlined below.
25. 04 Group Life Insurance
The Employer shall contribute on behalf of each eligible Employee eightypercent ( 80%) of the billed monthly premium under the Group Life InsurancePlan, provided the balance of the monthly premium is paid by the Employee.
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25. 05 Dental Plan
Effective October 2, 2014 the Employer shall contribute on behalf of each
eligible Employee eighty percent ( 80%) of the billed monthly premium underthe Dental Plan, provided the balance of the monthly premium is paid by theEmployee.
25. 06 Extended Health Care Plan
The Employer shall contribute on behalf of each eligible Employee seventy— five percent ( 75 %) of the billed monthly premium under the Extended HealthCare Plan, provided the balance of the monthly premium is paid by theEmployee.
25. 07 Long Term Disability Plan
The Employer shall contribute on behalf of each eligible Employee one
hundred percent ( 100 %) of the billed monthly premium under the LongTerm Disability Plan.
25. 08 Upon request by the Union, the Employer shall provide to the Union the
pertinent information of the benefit programmes contracted for and in effect forEmployees covered herein. The Employer may at any time substitute anothercarrier for any plan provided the benefits conferred thereby are not in totaldecreased. Before making such substitution, the Employer shall notify theUnion to explain the proposed change.
25.09 Employees who retire between age 55 and age 65 may maintain coverage inthe Extended Health Care and Dental Plans, except long term disability, bymaking arrangements to pay the full benefit premium cost(s) for such plan( s) subject to the carrier's exclusions under the plan. Failure to provide payment
will result in the discontinuance of coverage. The employee shall provide the
employer with thirty ( 30) days written notification prior to retirement of theirdesire to maintain coverage.
ARTICLE 26 - GENERAL
26. 01 Each new Employee shall, at the time of hiring, receive an offer letter statingclassification, employment status, salary, program and work location but maybe subject to change. Any alteration in an employee's program and/ or worklocation will be done on the basis of seniority within the classification.
26. 02 A copy of the Collective Agreement shall be provided to all new employees attime of hire.
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26.03 The cost of printing the collective agreement shall be shared equitablybetween the Employer and the Union.
26.04 Any term of this agreement may be revised by the mutual consent of theparties hereto in writing and becomes effective when such provision has beenratified and signed by their respective principals. Each of the parties shall file
a copy of such revision with the Ontario Ministry of Labour.
ARTICLE 27 — SALARIES
27.01 Salary rates and arrangements for the payment of Employees shall be as setforth in Schedule " C" ( Full- time Employees), Schedule " E" ( Part-time
Employees) and Schedule " B" ( Benefits for Full- time Employees working . 8 FTEor more), attached hereto and forming part of this agreement, which such ratesshall remain in full force and effect for the term of this agreement. Anniversarydate and placement on the grid shall be subject to Article 14 and in accordancewith Article 27.02 ( a), ( b), ( c), ( d), and ( e)
27.02 ( a) Salary increments for regular full- time Employees will be provided on anannual basis on the employee's anniversary date.
b) A regular part-time Employee whose status is altered to regular full- time
will assume their same level on the full- time salary scale. The
anniversary date for salary increment would be adjusted to includerecognition of the employee's number of hours of work alreadyaccumulated within the level.
c) A regular part-time Employee shall be advanced on the salary scale afterfifteen hundred ( 1500) hours worked since their last progression on the
scale.
d) A regular full-time Employee whose status is altered to regular part-timewill assume her same level on the scale and she shall be credited with
the number of hours of work already accumulated within the level for thepurposes of salary increments.
e) A temporary or casual Employee- whose status is altered to regular full- time or regular part-time shall have her recent related clinical experience
within the Centre and outside the Centre recognized on the basis set out
in Article 27.03 herein. In addition, her service with the Centre for the
purpose of determining her anniversary date for salary incrementpurposes shall be recognized, providing such service is unbroken, on thebasis of Article 27. 02 ( a), ( b), or (c) above, as appropriate.
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27. 03 Claim for recent related clinical experience if any, shall be made in writing bythe Employee at time of hiring. The Employee shall co-operate with the
Employer by providing verification of previous experience if necessary so thather recent related clinical experience may be determined and evaluated. Having established the recent related clinical experience, the Employer will
recognize such experience on the basis of a minimum of one ( 1) yearly
increment on the scale for every two ( 2) years of experience, except where
such experience has been at a related pediatric facility, in which case the
Employer will recognize such experience on the basis of one ( 1) yearlyincrement on the scale for each year of experience.
To be eligible for the above the new Employee must have related clinical
experience in the five ( 5) years immediately preceding her application foremployment.
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ARTICLE 28 — DURATION
28. 01 This agreement shall remain in full force and effect until midnight, the31st
dayof March 2016 and shall continue in effect thereafter, from year to year, for
further periods of one year, unless either party shall have given written noticeof termination, or written notice of proposals for revisions to this agreement, to
the other party, within the ninety ( 90) days prior to the expiration date of thisagreement, or of any yearly period thereafter. In the event of a written notice
of termination or proposals of amendment having been given by either party asherein provided, negotiations shall be proceeded with during the notice period, with a view to completing a new agreement.
28. 02 Should such negotiations extend beyond the expiration date, this agreementshall not expire, but shall continue in full force and effect until an agreement is
reached or a decision is rendered by the Board of Arbitration as provided for inthe Hospitals Labour Disputes Arbitration Act, (Ontario) as amended.
IN WITNESS WHEREOF, THE PARTIES HERETO have caused this agreement to be
signed by their duly authorized r resents fives at the City of Ottawa, in the Provinceof Ontario, this day of e4kw, 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
FOR THE OTTAWA CHILDREN' S
TREATMENT CENTRE
24. & Oz, --s
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SCHEDULE " A" PLACEMENT STUDENTS
Clarification Note:
The parties agree that clinical placement students performing work as part of aprogram of study, interns, students fulfilling the requirements of the OntarioSecondary School Diploma and students employed in Saturday programs, March
Break and summer camps are excluded from the bargaining unit as defined in Article1. 01.
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SCHEDULE " B" BENEFITS FOR FULL-TIME STAFF ON .8FTE AND ABOVE
Extended Health Same benefits as full- time
Including Dental)
Group Life Pro -rated for Actual Salary
Long Term Disability Pro -rated for Actual Salary
HOOPP Based on hours worked
Paid Holidays
Article 18)
Vacation
Article 19)
Sick Leave
Article 22)
SeniorityArticle 14)
Anniversary Increase
Same benefits as full- time
Based on pro -rated . 8 FTE
Based on pro -rated . 8 FTE
Based on pro -rated . 8 FTE
Based on 1950 hours worked
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SCHEDULE " C" SALARY SCHEDULE
OCTC OPSEU SALARY
SCALE
POSITION DATE TOTAL
ANNUAL
INCREASE
START STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
PHYSIOTHERAPIST April 1, 2010 29.91 31. 97 34. 04 36. 12 38. 17 41. 46
April 22, 2013 2. 75% 30.73 32.85 34. 98 37. 11 39. 22 42. 60
April 1, 2014 1. 4% 31. 16 33.31 35.47 37. 63 39. 77 43. 20
April 1, 2015 1. 4% 31. 60 33. 78 35. 97 38. 16 40. 33 43. 80
OCCUPATIONAL April 1, 2010 29. 91 31. 97 34. 04 36. 12 38. 17 41. 46
THERAPIST April 22, 2013 2. 75% 30.73 32.85 34. 98 37. 11 39. 22 42. 60
April 1, 2014 1. 4% 31. 16 33. 31 35.47 37.63 39. 77 43. 20
April 1, 2015 1. 4% 31. 60 33. 78 35.97 38. 16 40. 33 43. 80
SENIOR April 1, 2010 31. 60 33. 77 35. 98 38. 17 40. 32 43. 80
PHYSIOTHERAPIST
Pay Note: Current April 22, 2013 2. 75% 32.47 34.70 36. 97 39. 22 41.43 45. 00
incumbents will remain on the April 1, 2014 1. 4% 32. 92 35. 19 37.49 39. 77 42. 01 45. 63
Sr. Physiotherapy pay scale. April 1, 2015 1. 4% 33. 38 35.68 38. 01 40. 33 42. 60 46. 27
It is understood that the PPL
stipend is not appricable and
on departure of the current
incumbents the Sr.
Physiotherapist pay scale willbe deleted.
SOCIAL WORKER BSW April 1, 2010 29.46 30. 57 32. 38 34. 17 35.98 37.78
April 22, 2013 2. 75% 30. 27 31. 41 33. 27 35. 11 36.97 38. 82
April 1, 2014 1. 4% 30. 69 31. 85 33. 74 35.60 37.49 39. 36
April 1, 2015 1. 4% 31. 12 32. 30 34. 21 36. 10 38.01 39. 91
SOCIAL WORKER - MSW, April 1, 2010 34. 39 36. 27 38. 15 40.04 41. 93 43. 80
SPEECH AND LANGUAGE April 22, 2013 2.75% 35. 34 37. 27 39. 20 41. 14 43. 08 45. 00
PATHOLOGIST AND April 1, 2014 1. 4% 35. 83 37. 79 39. 75 41. 72 43.68 45. 63
PSYCHOMETRIST April 1, 2015 1. 4% 36. 33 38. 32 40. 31 42. 30 44.29 46. 27
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POSTION DATE TOTAL START STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ANNUAL
INCREASE
PSYCHOLOGIST - April 1, 2010 47.36 49.95 52. 54 55. 15 57. 74 60. 35
UNSUPERVISED
Pay Note: Psychologist April 22, 2013 2. 75% 48.66 51. 32 53. 98 56.67 59. 33 62. 01
Supervised) shall be placed April 1, 2014 1. 4% 49.34 52.04 54. 74 57.46 60. 16 62. 88
at the start April 1, 2015 1. 4% 50.03 52.77 55. 51 58.26 61. 00 63. 76
rate of the Psychologist
Unsupervised) pay scale andwill remain at that rate until
meeting the requirements forlicensing from the Collegeof Psychologist of Ontario.
BEHAVIOR ANALYST Feb. 25, 2013 34.35 36. 16 38. 08 40.09 42. 19
New position- Feb.25, April 22, 2013 2. 75% 35.29 37.15 39. 13 41. 19 43. 35
2013
April 1, 2014 1. 4% 35.78 37.67 39. 68 41.77 43. 96
April 1, 2015 1. 4% 36.28 38.20 40. 24 42.35 44. 58
RECREATION THERAPIST April 1, 2010 28. 19 29. 47 30. 76 32.08 33.42 34. 69
AND BEHAVIOUR April 22, 2013 2. 75% 28.97 30.28 31. 61 32.96 34. 34 35. 64
MANAGEMENT April 1, 2014 1. 4% 29. 38 30.70 32. 05 33.42 34. 82 36. 14
CONSULTANT April 1, 2015 1. 4% 29. 79 31. 13 32. 50 33. 89 35. 31 36. 65
EARLY CHILDHOOD April 1, 2010 26. 58 26. 68 27. 80 28.91 30. 06
CONSULTANT, April 22, 2013 2. 75% 27.31 27.41 28. 56 29. 71 30. 89
COMMUNICATION April 1, 2014 1. 4% 27.69 27.79 28. 96 30. 13 31. 32
DEVELOPMENT April 1, 2015 1. 4% 28.08 28. 18 29. 37 30.55 31. 76
COUNSELOR AND
BEHAVIOR MANAGEMENT
COUNSELOR AND
OUTREACH WORKER
PRESCHOOL TEACHER April 1, 2010 24.28 25. 05 26. 12 27.28 28. 38
AND April 22, 2013 2. 75% 24.95 25. 74 26. 84 28.03 29. 16
ELECTRONICS April 1, 2014 1.4% 25.30 26. 10 27. 22 28.42 29. 57
TECHNICIAN April 1, 2015 1. 4% 25.65 26.47 27. 60 28.82 29. 98
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POSITION DATE TOTAL START STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ANNUAL %
INCREASE
FAMILY RESOURCE April 1, 2010 23. 80 24.86 25. 92 26. 95 28. 00
WORKER AND ASSISTANT April 22, 2013 2. 75% 24.45 25. 54 26. 63 27.69 28. 77
COORDINATOR April 1, 2014 1. 4% 24.79 25.90 27.00 28. 08 29. 17
TECHNICAL SERVICES April 1, 2015 1. 4% 25. 14 26. 26 27.38 28. 47 29. 58
PROGRAM ASSISTANT - April 1, 2010 21. 98 22. 81 23. 66 24.49 25. 31
OT. PT, IDP, SLP April 22, 2013 2.75% 22.58 23.44 24.31 25. 16 26. 01
ASSISTANTS, April 1, 2014 1. 4% 22.90 23.77 24. 65 25. 51 26. 37
COMMUNICATION April 1, 2015 1. 4% 23. 22 24. 10 25. 00 25. 87 26. 74
DISORDER ASSISTANTS)"
OUT OF HOME RESPITE April 1, 2010 21. 00 21. 93 22. 95 23. 81 24. 72
ASSISTANT AND April 22, 2013 2.75% 21. 58 22. 53 23. 58 24.46 25.40
PRESCHOOL April 1, 2014 1. 4% 21. 88 22.85 23. 91 24.80 25. 76
PROGRAM ASSISTANT" April 1, 2015 1. 4% 22. 19 23. 17 24. 24 25. 15 26. 12
ATTENDANTS April 1, 2010 20. 29 21. 18 22. 09 23. 01 23. 86
April 22, 2013 2. 75% 20. 85 21. 76 22. 70 23. 64 24. 52
April 1, 2014 1. 4% 21. 14 22.06 23. 02 23. 97 24. 86
April 1, 2015 1. 4% 21. 44 22.37 23. 34 24. 31 25. 21
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SCHEDULE "' D" PAY NOTES:
1. In addition to their respective grid rates all Professional Practice Leaders will
receive a stipend in the amount of $1. 36 per hour.
SCHEDULE " E" WAGES PAYABLE TO REGULAR PART-TIME, TEMPORARY/ &
CASUAL EMPLOYEES
1. It is understood and agreed that Regular Part-time, Temporary and CasualEmployees shall be paid in accordance with the scale set forth in Schedule " C"
herein. Such Employees shall receive a salary calculated on the basis of anhourly rate in accordance with the step in the scale in which such an Employeeis placed.
2. Percentage in Lieu of Benefits
Regular part-time employees shall receive in lieu of all fringe benefits ( beingthose benefits to an employee, paid in whole or in part by the Centre as part ofdirect compensation or otherwise save and except salary, vacation pay, jury andwitness attendance, supplemental Employment Insurance Benefit plan, and
compassionate leave ( but including holiday pay) an amount equal to fourteenpercent ( 14 %) of their regular straight time hourly rate for all straight timehours paid. Effective October 2, 2014 for regular part-time employees who are
members of the Pension Plan the percentage in lieu of benefits is twelve
percent ( 12%).
Temporary employees shall receive in lieu of all fringe benefits ( being thosebenefits to an employee, paid in whole or in part by the Centre as part of directcompensation or otherwise save and except salary, vacation pay, jury andwitness attendance, ( but including holiday pay) an amount equal to fourteenpercent ( 14 %) of their regular straight time hourly rate for all straight timehours paid.
It is understood and agreed that the regular part-time/ temporary employee'shourly rate ( or straight time hour rate) in this agreement does not include theadditional fourteen percent ( 14 %) or effective October 2, 2014, twelve percent
12%) which is paid in lieu of fringe benefits and accordingly the fourteenpercent ( 14 %) or effective October 2, 2014, twelve percent ( 12%) add on
payment in lieu of fringe benefits will not be included for the purposes of
computing vacation pay, overtime payment or any other premium payment.
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3. A Regular Part-time, Temporary or Casual Employee who works on a statutoryholiday shall receive payment at the rate of one and a half times the hourlyrate.
4. A regular part-time employee working . 6 Full Time Equivalent or more but lessthan . 8 Full Time Equivalent who has completed her probationary period maypurchase Extended Health Care and Dental Plans coverage provided that the
Employee pays the full benefits premium costs for such plans subject to the
terms of such plans. An employee who elects not to enroll in Extended Health
Care and Dental Plan coverage and subsequently wishes to enroll, will be
required to complete a health assessment to determine eligibility. Eligibility forenrollment will be determined by the carrier and will be subject to the termsand conditions of the plan and all its limitations/ exclusions.
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APPENDIX "A" Ten and Eleven month aupointments
Letter of Understanding
between-
Ottawa Children' s Treatment Centrehereinafter "The Employer')
and-
The Ontario Public Service Employees Union and its Local 484hereinafter "The Union')
RE: Ten and eleven month appointments
The Parties agree that the hours of work for 10 and 11 month positions shall remain
status quo.
Signed at Ottawa, Ontario, the day of be. rn_ 4 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
M
f
1•. - Ayv c
S
FOR THE OTTAWA CHILDREN' S
TREATMENT CENTRE
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APPENDIX " B" Sick Leave
Letter of Understanding
between-
The Ottawa Children' s Treatment Center (OCTC)
hereinafter "The Employer')
and-
The Ontario Public Service Employees' Union and Its Local 484
hereinafter "The Union')
RE: Sick Leave
The Parties agree that physiotherapists currently employed by OCTC on October 11, 2006will continue to be entitled to a retirement gratuity as per the former ARTICLE XIX —SICK
LEAVE ( e) contained in the OPSEU Physiotherapist Collective Agreement expired on March
31, 2004 and as amended below. However, the parties agree that entitlements for this
retirement gratuity shall be frozen effective November 1, 2006 and it is understood that nofurther accumulation in the value of the gratuity shall apply.
Years of service shall be calculated up to the end of the first month following date ofratification.
Number of Years Annual Salary Days of Accumulated
of Service X as of October 11, 2006 X Sick Leave
Maximum 20) ( Maximum 200)
20 2 200
Signed at Ottawa, Ontario, the day of 2015
FOR THE ONTARIO PUBLIC FOR THE OTTAWA CHILDREN' S
SERVICE EMPLOYEES' UNION TREATMENT CENTRE
o kj luvA
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APPENDIX "C" Physiotherapist — Parental leave sub -plan
Letter of Understanding
between-
Ottawa Children's Treatment Centrehereinafter "The Employer')
and-
The Ontario Public Service Employees Union and its Local 484hereinafter "The Union')
RE: Physiotherapist — Parental leave sub -plan
The parties agree that the Parental leave sub -plan ( 15 weeks) as outlined in the
Collective Agreement expired on March 31, 2004 shall be grandfathered for the
Physiotherapists who were employed on or before October 11, 2006.
Signed at Ottawa, Ontario, the ?A
day of 2015
FOR THE ONTARIO PUBLIC FOR THE OTTAWA CHILDREN' S
SERVICE EMPLOYEES' UNION TREATMENT CENTRE
J
Collective Agreement — OCTC and OPSEU Local 484
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APPENDIX "'D" Benefit Entitlement and Premium Levels for Physiotherapists
Letter of Understanding
between-
Ottawa Children's Treatment Centre
hereinafter "The Employer'l
and-
The Ontario Public Service Employees Union and its Local 484hereinafter "The Union'l
RE: Benefit Entitlement and Premium Levels for Physiotherapists
The parties agree that benefit entitlement and premium levels for physiotherapistsemployed at the Centre on October 11, 2006, shall be on the basis of the CollectiveAgreement which expired March 31, 2004, as follows:
1. Each Employee shall join the Hospitals of Ontario Pension Plan ( HOOPP) in
accordance with the regulations of the Plan.
2. Each new Full- time Employee shall join the Group Life Insurance Plan, whenshe has completed her probationary period, on a 20% shared cost basis for
premiums.
3. Each new Full- time Employee shall join the Dental Care Plan, when she has
completed her probationary period effective October 2, 2014 at a 20% shared
cost basis for premiums if she is not already covered by another dental plan.
4. Each new Full- time Employee shall join the Long Term Disability Plan, when shehas completed her probationary period at a no cost basis.
5. The Employer shall contribute on behalf of each eligible Employee seventy-fivepercent ( 75%) of the billed premium under the Extended Health Care Plan
provided the balance of the monthly premium is paid by Employees throughpayroll deduction.
6 Upon request by the Union, the Employer shall provide to the Union the
pertinent information of the benefit programmes contracted for and in effect forEmployees covered herein. The Employer may at any time substitute anothercarrier for any plan provided the benefits conferred thereby are not in total
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decreased. Before making such substitution, the Employer shall notify theUnion to explain the proposed change.
7. Employees who retire between age 55 and age 65 may maintain coverage inthe Extended Health Care and Dental Plans, except long term disability, bymaking arrangements to pay the full benefit premium cost(s) for such plan( s) subject to exclusions under the plan.
Signed at Ottawa, Ontario, the -eday of 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
11, i'Al
l
FOR THE OTTAWA CHILDREN' S
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APPENDIX " E" Group Life and Optional Life Insurance for a Part -TimeEmployee
Letter of Understanding
Between
The Ottawa Children' s Treatment Centre
hereinafter "The Employer")
And
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union")
RE: Group Life and Optional Life Insurance for Part -Time Employee
The parties agree to grandfather the one ( 1) current part-time employee who
participates in group life and optional life provided the employee pays the fullbenefits premium costs for such coverage and provided the employee remains a
regular part-time employee of OCTC. The Union will be provided with the
employee's name.
Signed at Ottawa, Ontario, the eclay o e 150
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
FOR THE OTTAWA CHILDREN' S
TREATMENT CENTRE
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APPENDIX " F" Reduction of Permanent Full Time Occupational Therapy
positions
Letter of Understanding
between-
The Ottawa Children' s Treatment Centre
hereinafter "The Employer")
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union")
RE: Reduction of Permanent Full Time Occupational Therapy positions to . 9 FTE forMary Bouthillier
This agreement is a grand -parented arrangement originally signed on January 19, 2002 for the above noted employee.
The parties agree that the above referenced employee who has reduced her hours
of work to 0. 9 FTE shall maintain her status as regular full- time employees subject
to the following conditions:
CONDITIONS:
1. The days made available by reducing to a . 9 FTE, if not taken as a day offevery second week, must be taken within each fiscal quarter. Scheduling ofdays off will have to be established with the immediate manager.
April 1 to June 30 6.5 days
July 1 to September 30 6.5 days
October 1 to December 31 6. 5 days
January 1 to March 31 6. 5 days
2. At no time should the accumulated days added to holiday time exceed fiveconsecutive weeks in any fiscal quarter.
3. Salary, pension and benefits will be pro -rated to a . 9 FTE.
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It is understood that in the future, management has the option of reversing thepositions back to a 1FTE, if necessary, for operational planning.
Signed at Ottawa, Ontario, the day om 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
FOR THE OTTAWA CHILDREN' S
TREATMENT CENTRE
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APPENDIX " G " Regular Full Time and Regular Part Time employees
applying for a posted temporary position
Letter of Understanding
between-
The Ottawa Children' s Treatment Centre
hereinafter "The Employer")
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union')
Re: Regular Full Time and Regular Part Time employees applying for a postedtemporary position.
Regular Full Time
1. A Regular Full- time ( RFT) Employee may apply for posted temporarypositions. If a RFT Employee is the successful candidate in accordance with
Article 10. 02 of the OCTC/ OPSEU Collective Agreement expiring ( March 31,
2016), the employee will be temporarily transferred to the posted temporaryposition. On conclusion of the temporary position the Employee will bereturned to his/ her former RFT position. For greater clarity, if the RFT
Employee applies for a temporary position that is 1. 0 FTE or less, the RFTwho accepts the temporary position agrees to temporarily vacate her homeposition and work the FTE of the posted temporary position subject toparagraph three ( 3) below.
2. When a RFT employee accepts the offer and assumes a temporary position, the following benefits would apply for the duration of the temporary position:
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TahIP 1
Employee Status at time Posting or combined hours Benefit entitlement in the
of posting temporary osition
8 to 1. 0 RFT Temporary 1. 0 Employee benefits would
be that of a regular full
time employee.
1. 0 RFT Temporary . 8 FTE but Employee benefits would
less than 1. 0 FTE be pro -rated in accordance
with Schedule " B" of the
OCTC/ OPSEU Collective
Agreement.
8 RFT to 1. 0 RFT Temporary Part -Time ( less Employee benefits would
than . 8 FTE) be adjusted to reflect
Schedule " E" of the
OCTC/ OPSEU Collective
Agreement.
3. If a RFT employee successfully applies for a Temporary Part -Time positionwithin their current classification ( e.g. PT, OT etc.) and the Employee advises
the Employer in writing that he/ she wishes to maintain a Regular Full TimeEquivalent by combining hours from his/ her Permanent position with the Part - Time hours form the temporary position, the Employer will review the requestand determine the feasibility of granting such request, subject to operationalrequirement. The combined hours cannot exceed that of one ( 1) full time
equivalent. The decision to grant such a request will be at the Employer's
discretion. If the request is granted benefits will be determined as per Table 1
above. On conclusion of the temporary position, the employee will be
returned to his/ her former RFT position.
Regular Part -Time
4. If a Regular Part Time ( RPT) employee successfully applies for a TemporaryPart -Time ( TPT) position and the Employee advises the Employer in writingthat he/ she wishes to combine hours from his/ her RPT position with the Part -
Time hours form the temporary position, the Employer will review the requestand determine the feasibility of granting such request, subject to operationalrequirements. The decision to grant such a request will be at the Employer's
discretion. The combined hours cannot exceed that of a one ( 1) Full Time
equivalent.
5. When a RPT employee accepts and assumes the temporary position inconjunction with his/ her RPT status, the following salary and benefits wouldapply for the duration of the temporary position:
Collective Agreement — OCTC and OPSEU Local 484 64Fvnirinn Mnrrh ' 41 ) ni i;
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Table 2
Employee combined status Salary Benefit Entitlement
RPT position Maintain rate of pay for Maintain regular part-time
position held in the RPT benefits as per Schedule
classification E" RPT Employees of the
OCTC/ OPSEU Collective
Agreement
TPT Salary scale for posted Employee benefits would
TPT classification, with be as per Schedule " E:
placement on grid as Temporary Employee ofdefined by OCTC/ OPSEU the OCTC/ OPSEU
Collective Agreement Collective Agreement
On conclusion of the temporary position, the employee will be returned to his/ herformer RPT position.
Signed at Ottawa, Ontario, the _ 7 day of 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
k AA G-I v'
V, 1
FOR THE OTTAWA CHILDREN' S
Collective Agreement — OCTC and OPSEU Local 484Gvnirinn Mnrrh ' 41 ) nir.
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
65
APPENDIX " H" Pay EQuity
Letter of Understanding
between-
The Ottawa Children' s Treatment Centre
hereinafter "The Employer')
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union')
Re: Pay Equity
The parties agree to establish a Pay Equity Committee to negotiate a Pay EquityPlan in accordance with the Pay Equity Act
Signed at Ottawa, Ontario, the day o 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
FOR THE OTTAWA CHILDREN' S
TREA MENT CENT E
S
Collective Agreement — OCTC and OPSEU Local 484Fvnirinn Mnrrh ' Al ) nl A
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
APPENDIX " I" lob Postings
Letter of Understanding
between-
The Ottawa Children's Treatment Centre
hereinafter "The Employer')
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union')
Re: Job Postings
It is hereby understood that until the formal launch of Sharepoint at OCTC, when avacancy is to be filled, including temporary positions expected to exceed six ( 6) months or a new position is created, such vacancy shall be posted for a period ofseven ( 7) working days by the Employer on its designated -posting bulletinboards( s). Following implementation of Sharepoint job postings will be posted inaccordance with Article 10. 01.
Signed at Ottawa, Ontario, the eday o 2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNIONi
FOR THE OTTAWA CHILDREN' S
Collective Agreement — OCTC and OPSEU Local 484Fynirinn Marrh 31 _ 7f11 f
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APPENDIX "J" Shift Premium
Letter of Understanding
between-
The Ottawa Children' s Treatment Centre
hereinafter "The Employer')
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union')
Shift Premium
Effective October 2, 2014 employees regularly employed in the Applied BehaviorAnalysis Services and Supports Program ( ABA) shall be paid a shift premium of onedollar ($ 1. 00) per hour for each hour -worked and scheduled by the Employer after4: 30 p. m. provided that such hours exceed two ( 2) hours if worked in conjunction
with the day shift.
Effective March 30, 2016 the shift premium shall increase to $ 1. 80
It is understood that the Shift Premium shall not be included in any payments basedon the wage rate ( such as, but not limited to, percentage in lieu of benefits,
vacation pay, overtime.)
Premium payment shall be calculated and paid under
Collective Agreement only, even though hours workedhours under more than one ( 1) provision. In such
premium will be applied.
Collective Agreement — OC -FC and OPSEU Local 484
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
one ( 1) provision of this
may be premium paymentcircumstances the highest
This Letter of Understanding will not terminate upon the expiry of the CollectiveAgreement. Nothing herein precludes an amendment to the Letter of Understandingin collective bargaining, including arbitration.
Signed at Ottawa, Ontario, the
FOR THE ONTARIO PUBLICSERVICE EMPLOYEES' UNION
day of Clea4xk 2015
FOR THE OTTAWA CHILDREN' STREATMENT
CENIE
S
Collective Agreement — OCTC and OPSEU Local 484
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
APPENDIX " K" Weekend Premium
Letter of Understanding
between-
The Ottawa Children' s Treatment Centre
hereinafter "The Employer'')
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union')
Re: Weekend Premium
Effective October 2, 2014 employees regularly employed in the Applied BehaviorAnalysis Services and Supports Program ( ABA) shall be paid a weekend premium ofone dollar ($ 1. 00) per hour for each hour worked and scheduled by the Employer
between 2400 hours Friday to 2400 Sunday.
Effective March 31, 2015 the weekend premium shall increase to $ 1. 50.
Effective March 30, 2016 the weekend premium shall increase to $ 2. 35.
It is understood that the Weekend Premium shall not be included in any paymentsbased on the wage rate ( such as, but not limited to, percentage in lieu of benefits, vacation pay, overtime).
Premium payment shall be calculated and paid under one ( 1) provision of this
Collective Agreement only, even though hours worked may be premium paymenthours under more than one ( 1) provision. In such circumstances the highest
premium -will be applied.
Collective Agreement — OCTC and OPSEU Local 484 70
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This Letter of Understanding will not terminate upon the expiry of the CollectiveAgreement. Nothing herein precludes an amendment to the Letter of Understandingin collective bargaining, including arbitration.
Signed at Ottawa, Ontario, the day of eGr-nti. 015
FOR THE ONTARIO PUBLICSERVICE EMPLOYEES' UNION
FOR THE OTTAWA CHILDREN' STRE TMENT CENT E
Collective Agreement — OCTC and OPSEU Local 484
Uncontrolled copy of 4- 484- 5528-20160331- 15 CA
71
APPENDIX " L" Lump Sum Payments
Letter of Understanding
between-
The Ottawa Children' s Treatment Centre
hereinafter "'The Employer")
and-
The Ontario Public Service Employees Union and its Local 484
hereinafter "The Union")
RE: Lump Sum Payment 2011
A lump sum payment is payable to all employees based on the employment statusi. e. Regular Full -Time, Regular Part- time, Casual and Temporary) as of April 1,
2011.
Lump sum payments are based on an employee' s years of service with OCTC as ofApril 1, 2011.
Employees must have been employed on April 1, 2011 to be entitled to the April 1,
2011 lump sum payment.
For Regular Full -Time employees who did not work a full 12 months in the referenceperiod of April 1, 2010 to March 31, 2011, the lump sum payment will be calculatedon the same basis as for Regular Part -Time, Casual and Temporaryemployees, for example:
Regular full- time employee hired January 2011; worked 450 hours up toMarch 31, 2011:
450 hours @ $ 0. 33 per hour paid = $ 148. 50
The lump sum payment for Regular Full -Time employees will be prorated based onemployees' FTE, for example:
80 FTE with 8 years of service; receives 80% of $855. 00 = $ 684.00
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72
For employees who held more than one status in the reference period of April 1,
2010 to March 31, 2011, the lump sum payment will be calculated on the samebasis as for Regular Part -Time, Casual and Temporary employees as set out in thetable below.
Payment to be made within four (4) full pay periods following issuance of theBoard' s award.
The payment is not to be taken into account for the calculation of any otherentitlement under the terms of the Collective Agreement ( including, but not limitedto, pension, percentage in lieu, vacation, SUB, etc.) The payment is subject to
statutory deductions and is to be paid on a separate cheque/ deposit.
Years of Service as Full- Regular Part -Time, Casual and Temporary Lumpof April 1, 2011 Time Sum( to a maximum of the full- time entitlement)
LumpSum The premium portion of overtime/ premium pay hours
does not count towards the calculation of paid hours.
For example, one hour paid at premium pay is equal toone hour paid for the purpose of this calculation.
Employees on pregnancy and/ or parental leave and/ ordisability will be credited for hours worked in anamount equal to their accumulation of seniority duringsuch leaves.
Start 638 0. 33 per hour paid for the period of April 1, 2010 to
March 31, 2011
1 Year of Service 662 0. 34 per hour paid for the period of April 1, 2010 to
March 31, 2011
2 Years of Service 690 0. 35 per hour paid for the period of April 1, 2010 to
March 31, 2011
3 Years of Service 717 0. 37 per hour paid for the period of April 1, 2010 toMarch 31 2011
4 Years of Service 745 0. 38 per hour paid for the period of April 1, 2010 to
March 31, 2011
5 Years of Service 772 0. 40 per hour paid for the period of April 1, 2010 to
March 31 2011
6 Years of Service 800 0. 41 per hour paid for the period of April 1, 2010 to
March 31, 2011
7 Years of Service 827 0. 42 per hour paid for the period of April 1, 2010 to
March 31, 2011
8 Years of Service 855 0. 44 per hour paid for the period of April 1, 2010 toMarch 31 2011
Collective Agreement — OCTC and OPSEU Local 484C ir7.-ire NA k 21 7( li r-
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73
RE: Lump Sum Payment 2012
A lump sum payment is payable to all employees based on the employment statusi. e. Regular Full -Time, Regular Part-time, Casual and Temporary) as of April 1,
2012
Lump sum payments are based on an employee' s years of service with OCTC as ofApril 1, 2012.
Employees must have been employed on April 1, 2012 to be entitled to the April 1,
2012 lump sum payment.
For Regular Full -Time employees who did not work a full 12 months in the reference
period of April 1, 2011 to March 31, 2012, the lump sum payment will be calculatedon the same basis as for Regular Part -Time, Casual and Temporary employees, forexample:
Regular full- time employee hired January 2012; worked 450 hours up toMarch 31, 2012
450 hours @ $ 0. 33 per hour paid = $ 148. 50
The lump sum payment for Regular Full -Time employees will be prorated based onemployees' FTE, for example:
80 FTE with 8 years of service; receives 80% fo $ 855. 00 = $ 684.00
For employees who held more than one status in the reference period of April 1,
2011 to March 31, 2012, the lump sum payment will be calculated on the samebasis as for Regular Part -Time, Casual and Temporary employees as set out in thetable below.
Payment to be made within four (4) full pay periods following issuance of theBoard's award.
The payment is not to be taken into account for the calculation of any otherentitlement under the terms of the Collective Agreement ( including, but not limitedto, pension, percentage in lieu, vacation, SUB, etc.) The payment is subject to
statutory deductions and is to be paid on a separate cheque/ deposit.
Collective Agreement — OCTC and OPSEU Local 484
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iv
Years of Service as Full- Regular Part -Time, Casual and Temporary Lumpof April 1, 2012 Time Sum(to a maximum of the full- time entitlement)
LumpSum The premium portion of overtime/ premium pay hours
does not count towards the calculation of paid hours.
For example, one hour paid at premium pay is equal toone hour paid for the purpose of this calculation.
Employees on pregnancy and/ or parental leave and/ ordisability will be credited for hours worked in anamount equal to their accumulation of seniority duringsuch leaves.
Start 638 0. 33 per hour paid for the period of April 1, 2011 toMarch 31, 2012
1 Year of Service 662 0. 34 per hour paid for the period of April 1, 2011 to
March 31, 2012
2 Years of Service 690 0. 35 per hour paid for the period of April 1, 2011 to
March 31, 2012
3 Years of Service 717 0. 37 per hour paid for the period of April 1, 2011 toMarch 31, 2012
4 Years of Service 745 0. 38 per hour paid for the period of April 1, 2011 toMarch 31, 2012
5 Years of Service 772 0. 40 per hour paid for the period of April 1, 2011 toMarch 31, 2012
6 Years of Service 800 0. 41 per hour paid for the period of April 1, 2011 toMarch 31, 2012
7 Years of Service 827 0. 42 per hour paid for the period of April 1, 2011 to
March 31, 2012
8 Years of Service 855 0. 44 per hour paid for the period of April 1, 2011 toMarch 31, 2012
Signed at Ottawa, Ontario, the 5Aday of eczm2015
FOR THE ONTARIO PUBLIC
SERVICE EMPLOYEES' UNION
FOR THE OTTAWA CHILDREN' S
Collective Agreement — OCTC and OPSEU Local 484Gvnirinn Mnrrh Z1 ") Mr,
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75