Unit No. 178/178A

COLLECTIVE AGREEMENT

BETWEEN

SHELBURNE RESIDENCE NURSING HOME

-AND-

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

C.L.C.

SERVICE UNIT: FULL-TIME AND PART-TIME

EFFECTIVE: SEPTEMBER 25, 2016

EXPIRY: SEPTEMBER 24, 2019

Table of Contents

Article 1 - Purpose .................................................................................................... 1 Article 2 - Scope and Recognition .............................................................................. 1 Article 3 - Contracting out and Work of the Bargaining Unit ......................................... 1 Article 4 - Union Security .......................................................................................... 2

4.02 Union Dues ................................................................................................. 2 4.03 Employee Lists ........................................................................................... 2 4.04 Interview Period ........ · ................................................................................. 2

Article 5 - No Strikes or Lock-outs ............................................................................. 3 Article 6 - Management Rights .................................................................................. 3 .

Article 7 - Union Committee and Stewards ................................................................. 3 Article 8 - Complaints and Grievance Procedure .......................................................... 4 Article 9 - Discharge Grievance .................................................................................. 6 Article 10 - Employer's and Union's Grievances ........................................................... 6

10.01 Employer Grievance ................................................................................. 6 10.02 Union Policy Grievance ............................................................................. 7

Article 11 - Arbitration .............................................................................................. 7· Article 12 - Seniority ................................................................................................. 8

12.02 Lay-Off and Recall ................................................................................. 10 12.03 Lay-Off Procedure .................................................................................. 10

Article 13 - Loss of Seniority .................................................................................... 12 Article 14 - Permanent Transfers ............................................................................. 12 Article 15 - Temporary Transfers ............................................................................. 12 Article 16 -Job Posting & Permanent Transfers ........................................................ 13 Article 17 - Bulletin Boards ...................................................................................... 14 Article 18 - Leave of Absence .................................................................................. 14 Article 19 - Pregnancy and Parental Leave ............................................................... 15 Article 20 - Leave of Absence for Union Business ...................................................... 17 Article 21 - Bereavement Leave ............................................................................... 18 Article 22 -Jury and Witness Duty ........................................................................... 18 Article 23 - Educational Leave ................................................................................. 19 Article 24- Hours of Work ....................................................................................... 19 Article 25 -Overtime ................................................................................ .' ............. 19 Article 26 - Work Schedule .................... : ................................................................. 20 Article 27 - Lunch or Meal Periods ........................................................................... 21 Article 28 - Relief Periods ................................................... : .................................... 21 Article 29 - Minimum Reporting Allowance ............................................................... 21 Article 30 -Call Back and Call In .............................................................................. 21 Article 31 - Pay Days ............................................................................................... 21

Table of Contents

Article 32 - Paid Holidays ........................................................................................ 22

Article 33 - Vacations .............................................................................................. 23

Article 34- Sick Leave ............................................................................................ 25

Article 35 - Workplace Safety And Insurance ........................................................... 26

Article 36 - Health and Safety .................................................................................. 26

Article 37 - Health and Insurance Benefits ............................................................... 28

37.05 Vision Care ............................................................................................ 29

37.06 Hearing Aid ........................................................................................... 29

37.07 Change of Carrier .................................................................................. 29

Article 38 - Pension Plan ......................................................................................... 29

Article 39 - Uniform Allowance ................................................................................ 32

Article 40 - Rates of Pay and Premiums ................................................................... 32

40.03 New Classifications ..................... -........................................................... 32

40.04 Wage Progression ........................................................................... · ....... 32

40.05 Shift Premium ....................................................................................... 33

40.06 Weekend Premium ................................................................................ 33

40.07 Responsibility Allowance for Work Outside the Bargaining Unit ................. 33

Article 41 - Retroactive Pay ..................................................................................... 34

Article 42 - Printing of the Collective Agreement ....................................................... 34

Article 43 -Interpretation .......... ,. ............................................................................ 34

· Article 44 - Health and Safety ................................................................................. 34

Article 45 - Renewal, Amendment And Termination .................................................. 35

Schedule "A"- Shelburne Nursing Home Wage Grid ................................................. 36

Letter of Understanding- Pension ........................................................................... 36

Letter of Understanding- re: Article 3.01 ................................................................ 39

Letter of Understanding- re: Article 23 ................................................................... 40

Letter of Understanding - re: Article 3.02 ........................................................................ 41 Letter of Understanding- Resident Abuse ............................................................... 42

Letter of Understanding- Part-time PSW/HCA/NA Base Scheduling ........................... 43

Letter of Understanding - re: Article 30.03 ..................................................................... .45

Part-Time Addendum ........................................................................................................ 46

BETWEEN:

SHELBURNE RESIDENCE NURSING HOME (hereinafter called the "Employer")

OF THE FIRST PART

-and-

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA C.L.C.

ARTICLE 1 - PURPOSE

(hereinafter called the "Union") OF THE SECOND PART

1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and the employees concerned, and to provide mechanisms for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees within the bargaining unit.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 All employees of the Respondent in Shelburne save and except supervisors, persons above the rank of supervisor, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period.

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

ARTICLE 3- CONTRACTING OUT AND WORK OF THE BARGAINING UNIT

3.01 The Nursing Home shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contracting out, a lay-off of any employees other than casual part-time employees results from such contracting out. Contracting out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid off with similar terms and conditions of employment is not a breach of this Agreement.

3.02 Persons excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit which shall directly cause or result in the lay-off or reduction in hours of work of an employee in the

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bargaining unit.

3.03 In the event the Employer plans to change a vacant full-time, position to a part-time position, it will advise the Union and discuss its plans with them.

ARTICLE 4- UNION SECURITY

4.01 Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any employee because of membership or lack of membership in the Union. ·

4.02 Union Dues

(a) The Employer agrees to deduct from each employee who is in the bargaining unit, as a condition of employment, an amount equal to the regular monthly Union dues as certified by the Union during the term of this Agreement from all employees commencing in the month following the month in which they were hired.

(b) Deductions shall be made from each pay and forwarded to the Union office on or before the fifteenth of the month following the month in which the deductions are made, where practicable. The Union agrees to keep the Employer harmless and indemnified from any claims against it by an employee which arises out of any deduction under this Article.

(c) Union dues are not deducted from SUB payments and the Employer has no responsibility for union dues where an employee is off on pregnancy and/or parental leave.

(d) The amount of the Union dues remitted by the Employer on an employee's behalf, each year, shall be noted on an employee's T4 slip for that year.

(e) The Employer will supply the Union with the name, social insurance number, current address supplied by the employee and classification with the first dues deduction.

4.03 Employee Lists

The Employer will provide the Union with a monthly check-off list which will include the employee's name and amount deducted.

4.04 Interview Period

It is mutually agreed that arrangements will be made for a Union representative to interview each new employee who is not a member of the Union once during the first 30 days of employment for the purpose of informing such employee of

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the existence of the Union in the Nursing Home. The representative shall schedule the time and place on the premises of the Employer for each such interview with the agreement with the Employer. The duration of such interview shall not exceed 10 minutes. The Employer shall advise the Union monthly as to the names of the new employees.

ARTICLE 5- NO STRIKES OR LOCK-OUTS

5.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lock-outs during the term of this Agreement. The meaning of the words "strike" and "lockout" shall be as defined in The Ontario Labour Relations Act, R.S.O. 1980, as amended.

ARTICLE 6 - MANAGEMENT RIGHTS

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

(a) to determine and establish standards and procedures for the care, welfare, safety, and comfort of the residents in the nursing home;

(b) to maintain order, discipline, and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. The Employer reserves the right to introduce new rules from time to time. Such rules will be made available to the employees and to the Local Union.

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

(d) to have the right to plan, direct and control the work of the employees and the operations of the nursing home. This includes the right to introduce new and improved methods, facilities, equipment, and to con­trol the amount of supervision necessary, combining or splitting up of departments, work schedules, and the increase or reduction of personnel in any particular area or on the whole.

ARTICLE 7- UNION COMMITTEE AND STEWARDS

7.01 The Employer agrees to recognize not more than four (4) employees from the bargaining unit which employees shall serve as stewards. The Union shall select

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stewards:

One (1) day shift from Dietary/Laundry/Housekeeping

Two (2) day shift from Nursing

One (1) afternoon or night shift from Nursing

One (1) of the above will be known as Chief Steward

7.02 The Union shall have the right at any time to have the assistance of representatives of Service Employees International Union, Local 1 Canada when dealing or negotiating with the Employer. Such representatives, at Step II of the grievance procedure, shall have access to the Employer's premises upon request, in order to investigate and assist in the settlement of a grievance.

7.03 No employee shall act in the capacity referred to in 7.01 above until after she has completed the probationary period with the Employer.

7.04 The Union and the Employer acknowledge and agree that Stewards have regular duties to perform in connection with their employment; all Union activities will be carried on outside regular working hours unless otherwise mutually agreed upon. There shall be no Union activity on the Employer's time or on the Employer's premises except that which is necessary for the purpose of processing a grievance and the administration and enforcement of this Agreement.

7.05 The Union will advise the Employer in writing from time to time of the names of the employees who act as Union Stewards. The Employer need not recognize such Union Stewards until notified in writing.

7.06 Labour Management Committee

The Union and the Employer will meet at times mutually agreed upon should they feel that there is business for their consideration. Requests for such meetings shall be made at least two (2) weeks in advance of the proposed dates. Requests for such meetings shall be in writing and shall include an Agenda. Such meetings will be arranged as promptly as possible and will take place during working hours where possible. The Employer agrees to have Professional Practice Concerns as a standing item to be discussed at labour Management Meetings.

ARTICLE 8- COMPLAINTS AND GRIEVANCE PROCEDURE

8.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust his complaint.

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If an employee has an unsettled complaint regarding the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the employee may take the matter up as a grievance within seven (7) working days after the circumstances which gave rise to the complaint occurred as follows:

Step No. 1

The employee, with the assistance of her Steward if she so desires, shall present the grievance in writing to her Supervisor with a. complete description of the alleged breach including, but not limited to, the date, time, persons involved and the provisions of the Agreement which the employee believes were violated. The Supervisor's decision shall be rendered in writing within five (5) working days following the presentation of the grievance at this step. A meeting will convene between the parties within 5 working days, excluding Saturday, Sunday and holidays. All parties agree to be reasonably available, in person or by telephone, for such meeting.

Step No. 2

Failing settlement at Step No. 1, the grievance may be appealed in writing by the employee within five (5) working days after the decision is given under Step No. 1, to the Administrator or his authorized deputy. The matter will then be discussed at a meeting between the employer representatives and the Union Steward, which meeting will be convened within five (5) working days after the matter has been appealed to Step No. 2. The aggrieved may be present at such meeting if she desires or at the request of either party. The Employer representatives shall render a decision in writing within five (5) working days after presentation at this Step.

Failing settlement at Step No. 2, the grievance may be submitted to arbitration as hereinafter provided if the request is made in writing to the other party within ten (10) working days after the decision has been given at Step No. 2, failing which the grievance will be considered to have been settled or abandoned.

8.02 Any and all time limits fixed by this Article may at any time be extended by written agreement between the Employer and the Union.

8.03 All decisions arrived at between the Employer and the representatives of the Union shall be final and binding upon the Employer, the Union and the employee or the employees concerned.

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8.04 For the purposes of this Article, unless specified otherwise, Saturday and Sunday and Statutory Holidays are not counted in determining the time in which any action is to be taken or completed under the Grievance Procedure and Arbitration Procedure.

8.05 Any disciplinary action will be removed from the employee's record 18 months following the receipt of such disciplinary action provided that the employee's record has been discipline-free for 18 months. Where the disciplinary action arises from an interaction with residents, family members or another third party, such records will remain as part of an employee's permanent record.

8.06 An employee subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right, to the presence of the Union Steward, unless she requests otherwise.

ARTICLE 9- DISCHARGE GRIEVANCE

9.01 In the event of an employee who has completed her probationary period being discharged from employment, and the employee feeling that an injustice has been done the case may be taken up as a grievance.

9.02 All such cases shall be taken up within five (5) days and disposed of within seven (7) days (or such longer period as may be mutually agreed upon) of the date the employee is notified of her discharge. Such a claim by an employee who has completed her probationary period shall be treated as a grievance if a written statement of such grievance is lodged with the Administrator within four ( 4) days after the employee is notified of her discharge.

Step 1 of the Grievance Procedure may be omitted in such cases.

9.03 Such special grievances may be settled by confirming the Employer's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties.

ARTICLE 10 - EMPLOYER'S AND UNION'S GRIEVANCES

10.01 Employer Grievance

The Employer may institute a grievance consisting of an allegation of a general misinterpretation or violation of this Agreement (by the Union or any employee covered by this Agreement), in writing, at Step Number 2 of the grievance procedure, by forwarding a written statement of said grievance to the business agent of the Local Union, providing it is presented within ten (10) working days after the circumstances giving rise to the grievance occurred; the business agent of the Local Union shall give his decision in writing five (5) working days after receiving the written grievance and failing settlement, the grievance may be

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referred to arbitration by the Employer in accordance with Step Number 2 of the grievance procedure.

10.02 Union Policy Grievance

The Union may institute a grievance consisting of an allegation of a general misinterpretation or a violation by the Employer of this Agreement in writing at Step 2 of the grievance procedure, providing that it is presented within ten (10) working days after the circumstances giving rise to the grievance have originated or occurred. However, it is expressly understood that the provision of this clause may not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate and the regular grievance procedure shall not be thereby by-passed.

ARTICLE 11- ARBITRATION

11.01 Grievance Mediation and Arbitration

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

(b) Grievance Mediation will commence at a time mutually agreed, understanding that the parties will endeavour to hold such mediation within 21 days.

(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may in writing extend the time limits fixed in the grievance procedure.

(d) The parties shall agree on a mediator.

(e) Proceedings before the Mediator shall be informal and off the record. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.

(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible in advance of the Grievance Mediation Conference.

(g) The Mediator will have the authority to meet separately with either party.

(h) If no settlement is reached within ten (10) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this collective agreement. In the event

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that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration.

11.02 When either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall within thirty (30) days thereafter designate its nominee to the Board of Arbitration. The two so nominated shall endeavour, within thirty (30) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within thirty (30) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member and Chairman of the Board of Arbitration.

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

11.04 Each of the parties shall pay its own expenses including pay for witnesses and the expense of its own nominee and one- half of the expenses and fees of the Chairperson.

11.05 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpreta­

. tion, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.

11.06 The Board of Arbitration shall have no power to alter, add to or subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairperson shall govern.

11.07 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of anothergrievance. No costs of any arbitration shall be awarded to or against any party.

ARTICLE 12 - SENIORITY

12.01 (a) Seniority shall be defined as length of continuous service with the Employer and will be acquired when full-time employee has worked sixty (60) shifts and 375 hours worked for part-time and shall be determined for only those purposes expressly described herein. Hours worked as part

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of an employe~'s orientation will be considered probationary but will not be counted towards the completion of the probationary period.

(b) The Employer agrees to recognize past service for part-time employees should they become full-time employees and vice versa on the following basis:

(i) An employee whose status is changed from full-time to part-time shall receive credit for his full seniority. An employee whose status is changed from part-time to full-time shall receive credit for seniority on the basis of one (1) year of seniority for each 1,900 hours worked.

(c) Seniority shall date from the first day of the most recent employment that an employee has actually commenced work for the Employer and will accumulate for all continuous employment with the Employer.

(d)· In all cases of promotion, demotion or transfer (except in cases of disciplinary demotions) and in laying off or recalled employees, the Employer shall consider the following:

(i) seniority;

(ii) skill, efficiency and ability.

Where the factors above are equal in the judgement of the Employer factor (i) shall govern provided the employee has the qualifications to perform the work in question.

(e) A seniority list will be posted on the employee's bulletin board. After such posting, the list shall become final with respect to the Union's designated therein, except to any employee who has disputed the accuracy of her seniority date within two (2) weeks after the list is posted. If an employee disputes the accuracy of the list within two (2) weeks, the matter may then be dealt with under the grievance procedure if the list is not properly corrected.

Seniority lists will be brought up to date by the Employer on March 1st and September 1st of each year. The Employer will post such lists, and will supply the Union with two (2) copies. Also, twice yearly and together with the seniority lists, the Employer shall supply the Union with the most up to date addresses it has for all bargaining unit members.

(f) Any grievance having to do with the observation or non-observation of seniority rules as herein set out may be referred by the aggrieved employee to grievance procedure. Any such grievance shall be taken up at Step 2 of the grievance procedure.

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12.02 Lay-Off and Recall

Except in cases of emergency, the Employer shall give each full-time employee in the bargaining unit who has acquired seniority and who is to be permanently laid-off for a period of more than twelve (12) consecutive weeks' written notice of lay-off, in accordance with the following schedule:

(a) up to two years' seniority- one (1) calendar week;

(b) two (2) years' or more, but less than five (5) years' seniority - two (2) calendar weeks;

(c) five (5) years' or more, but less than ten (10) years' seniority - four ( 4) calendar weeks; and

(d) ten (10) years' or more seniority- eight (8) calendar weeks.

12.03 Lay-Off Procedure

(a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employee who have the ability and qualifications as required by law to perform the work.

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

(i) accept the lay-off; or

(ii) first bump an employee with less bargaining unit seniority within his or her bargaining unit (full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.

(iii) Chain bumping will be allowed with the understanding that an employee subject to lay-off who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.

(iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process.

(v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service .

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corresponding to that of the laid off employee is within one percent (1 %) of the laid off employee's straight time hourly wage rate.

(vi) In the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within 10% of the laid off employee's regularly scheduled bi-weekly hours within her classification.

(vii) When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit.

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

(viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation.

(ix) The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.

(x) An employee shall have the opportunity of recall from a layoff to an available opening in order of seniority, before such opening is filled on a regular basis under the job posting procedure.

(xi) It is the sole responsibility of the employee who has been laid off to notify the employer of her intention to return to work within three (3) working days (excluding Saturday, Sunday, and holidays) after being notified to do so by registered mail, addressed to the last address on record with the employer (which notifications shall be deemed to have been received on the second day following the date

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of mailing) and return to work within 10 working days after being notified. The notice shall state the job and the date and time at which the employee shall report for work. The employee is solely . responsible for her proper address being on record with the employer.

12.04 Working a position outside of the Bargaining Unit

An employee who accepts a position outside of a bargaining unit(s) shall retain her accumulated seniority and service for twelve (12) months from the date she last worked in a bargaining unit. Hours worked in such a position shall not be included in the calculation of seniority.

ARTICLE 13 - LOSS OF SENIORITY

13.01 An employee shall lose all seniority and her employment shall be deemed to be terminated if she:

(a) voluntarily resigns, retires or is discharged for just cause; or

(b) is absent from work more than thirty-six (36) months by reason of illness or other physical disability; or

(c) is absent from work without a reasonable excuse for which she is scheduled to work; or

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

(e) is off on Workers' Compensation the employment will cease once the duty to re-employ ceases in accordance with the provisions of the Workers' Compensation Act, as amended from time to time.

The Union and the Employer agree to abide by the Human Rights Code.

ARTICLE 14- PERMANENT TRANSFERS

14.01 If an employee is permanently transferred or reclassified by the Employer to a higher rated job group, she shall receive the higher of her present rate, or the starting rate of the job to which she is transferred. Job seniority for pay purposes shall date from the date the transfer becomes effective.

ARTICLE 15 - TEMPORARY TRANSFERS

15.01 When an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying position in the bargaining unit for a period

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in excess of one-half of a shift, she shall be paid the rate in the higher salary range immediately above her current rate from the commencement of the shift on which she was assigned the job.

ARTICLE 16 - JOB POSTING & PERMANENT TRANSFERS

16.01 In the event new jobs are created or vacancies occur in existing job classifications (unless the Employer notifies the Union in writing that it intends to postpone or not fill a vacancy), the Employer will post all such new jobs for a period of seven (7) calendar days and shall stipulate the qualifications, classifications, rate and department concerned in order to allow employees with seniority to apply.

The Employer agrees to provide the chief steward with a copy of each job posting. The parties agree that an administrative oversight in this regard does not void the job posting.

16.02 Where vacancies are posted for positions within the full-time bargaining unit and no applicants within the full-time unit are successful in obtaining the positions, applications submitted for such posting from part-time employees will be con­sidered prior to consideration of persons not employed by the home.

16.03 Until the vacancy is filled resulting from the job posting provisions, the Employer is free to fill the vacancy on a temporary basis as she sees fit. Once a selection is made, however, the job will be filled by the successful applicant by the start of the next posted schedule.

16.04 All applications received will be considered within seven (7) days of the end of the posting procedure. In the event one or more employees apply, the Employer shall consider the qualifications, experience, ability, skill and efficiency and seniority of the applicants. Where these factors are equal, the applicant with the greatest seniority shall fill the vacancy.

If the applicants are not qualified to perform the work required, the Employer reserves the right to immediately hire outside help.

16.05 The successful applicant shall be placed on trial in the new position for a period of 162.5 hours. Such trial promotion or transfer shall become permanent after the trial period unless:

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

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

(b) In the event of either (i) or (ii) above the employee will return to her

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,

former position and salary without loss of seniority. Any other employee promoted or transferred as a result of the rearrangement of positions shall also be returned to her former position and salary without loss of seniority.

(c) The above provisions shall also apply in the event of the transfer to a position outside the bargaining unit. It is understood however, that no employee shall be transferred to a position outside the bargaining unit without her consent.

(d) It is understood that where an employee is returned to her original job the Employer may fill the resulting vacancy at her discretion.

(e) An employee may not exercise a rightto return to a former position unless she has worked at least 37.5 hours in the new position.

16.06 The Employer shall only be required to post the original vacancy.

16.07 Upon the request of the unsuccessful applicant, the Employer will discuss with any unsuccessful applicant the manner in which the employee may improve her position and her work in order to be considered for any future vacancy.

16.08 (a) In the case of an absence due to a compensable accident or other leave of absence (except maternity leave) where the anticipated length of absence is six (6) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure.

(b) Where the anticipated absence is less than six (6) months, or where the absence is due to maternity leave, the Employer may fill the position at his/her discretion.

(c) If the position is filled by a part-time employee, the part-time employee shall retain her status and all the benefits in accordance with the part-time Collective Agreement Addendum.

ARTICLE 17- BULLETIN BOARDS

17.01 The Employer agrees to supply and make available to the Union for the posting of seniority lists and Union notices one (1) bulletin board in such place so as to inform all employees in the bargaining unit of the activities of the Union.

All postings must first receive the approval of the Administrator or designate before being posted. Such approval shall not be unreasonably withheld.

ARTICLE 18- LEAVE OF ABSENCE

18.01 The Employer may grant or refuse a request for a leave of absence without pay

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for extenuating personal reasons, provided that she receives at least one (1) months' notice in writing, unless impossible, and that such leave may be arranged without undue inconvenience to the normal operations of the Nursing Home. Applicants when applying must indicate the date of departure and specify the date of return.

18.02 If leave of absence is granted, the employee shall be advised in writing with a copy to the Chief Steward.

18.03 Employees who are on leave of absence will not engage in gainful employment while on such leave, and if an employee does engage in gainful employment while on such leave, she will forfeit all seniority rights and privileges and shall cease to be an employee of the Employer.

18.04 An employee who has been granted a leave of absence of any kind, and who overstays her leave, unless she obtains permission or provides a satisfactory explanation, shall be considered to have terminated her employment without notice.

18.05 To qualify for leaves of absence as stipulated above the employee must have completed nine (9) months of employment with the Employer and it is expressly understood, no benefit except as hereinafter provided shall accrue to or be paid to any employee on leave of absence.

18.06 Unpaid leave of absence shall not count as service to advance an employee up the steps of the wage grid in a job classification. However, a leave of absence because an employee is in receipt of benefits under the Workplace Safety and Insurance Act shall count as service for wage progression purposes.

18.07 The employee shall provide the employer with documentation to support the purpose of the leave. Where an applicant does not adhere to this provision, she will not be eligible for the leave of absence.

ARTICLE 19- PREGNANCY AND PARENTAL LEAVE

19.01 Effective September 1, 2001, an employee must complete ten (10) months of continuous service prior to the expected date of birth to be paid a supplemental employment insurance benefit.

An employee on pregnancy leave who is in receipt of Employment Insurance pregnancy leave benefits shall be paid a supplemental employment insurance benefit.

That benefit will be the equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings and the sum of her weekly rates of employment insurance benefits. In any week, the total amount of SUB payments and the weekly rate of E.I. benefits will not exceed seventy-five

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percent (75%) of the employee's regular weekly earnings.

Vested Interest- Employees do not have a right to SUB payments except for supplementation of E. I. benefits during the unemployment period as specified in the plan.

Other Income - Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.

Such payment shall commence after the two (2) week employment insurance waiting period and shall continue while the employee is in receipt of such benefits for a maximum period of seventeen (17) weeks.

The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours.

The regular hourly rate shall be calculated to include all of the employee's insurable earnings as defined by the Employment Insurance System.

The SUB top-up by the Home will not take into account EI insurable earnings from sources other than this facility.

Credits for service for the purpose of salary increments, vacations or any other benefit included and prescribed under the E.S.A. shall continue and seniority shall accumulate during pregnancy and parental leave.

19.02 Effective January 1, 2009, an employee must complete ten (10) months of continuous service immediately preceding the date of the birth of the child or the date the child first came into care or custody of the employee to be eligible to be paid a supplemental Employment Insurance Benefit.

An employee on parental leave who . is in receipt of Employment Insurance parental leave benefits shall be paid a supplemental Employment Insurance Benefit.

That benefit will be the equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings (which for part-time employees shall include any in-lieu payment, if applicable) and the sum of her weekly rates of Employment Insurance Benefits. In any week, the total amount of SUB payments and the weekly rate of E.I. benefits will not exceed seventy-five percent (75%) of the employee's regular weekly earnings.

Vested Interest - Employees do not have a right to SUB payments except for supplementation of E. I. benefits during the unemployment period as specified in the plan.

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Other Income - Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.

Such payment shall commence after the two (2) week employment insurance waiting period and shall continue while the employee is in receipt of such benefits for a maximum period of ten (10) weeks.

The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate, on her last day worked prior to the commencement of the leave times her normal weekly hours. ·

The regular hourly rate shall be calculated to include all of the employee's insurable earnings as defined by the Employment Insurance System.

The SUB top-up by the Home would not take into account E. I. insurable earnings from sources other than this facility."

ARTICLE 20- LEAVE OF ABSENCE FOR UNION BUSINESS

20.01 The Employer shall grant leave of absence to not more than one (1) employee at any one time to a maximum aggregate of fifteen (15) days per year for the purpose of attending Union Conventions, Seminar and Education Classes. The Union agrees that such leave will not unduly affect the proper operation of the nursing home.

20.02 Requesting such leave of absence, the Union shall give the Employer, whenever possible, twenty-one (21) days' notice before the schedule is posted. But in any event, the Union must give twenty-one (21) days clear notice to the Employer to be confirmed by the Union in writing.

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

20.04 Upon application by the Union in writing, the Nursing Home will give reasonable consideration to a request for leave of absence, without pay, to an employee, elected or appointed to full-time Union office. It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of one (1) year from the date of appointment unless extended for a further specific period by agreement of the parties. Seniority and service shall accumulate during such leave to a maximum provided, if any, under the provisions of the Collective Agreement. It will become the responsibility of the employee for full payment, one month in advance, of any applicable benefits in which the employee is participating during such leave of absence. It is agreed that for the purpose of Workplace Safety & Insurance Benefits coverage, such employees are deemed to be employed by the Union.

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ARTICLE 21 - BEREAVEMENT LEAVE

21.01 (a) Upon the death of an employee's spouse, (to include same sex partner), child or stepchild, an employee shall be granted leave up to a maximum of five (5) consecutive calendar days without loss of pay.

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

(c) It is agreed that pay for such days of absence is limited to the days actually missed from work as per the employee's scheduled working days.

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

(e) An employee will not be eligible to receive payment under the terms of Bereavement Leave for any period in which she is receiving payments for holiday pay or vacation pay.

NOTE: It is understood that if an employee is on sick leave that the bereavement leave will not be charged against sick leave accumulated.

(f) Where it is necessary because of distance, the employee may be provided up to four ( 4) days additional unpaid leave.

(g) In the event of a delayed internment an employee may save one (1) of the days identified above without loss of pay to attend to the internment. To qualify for the leave the employee must give the Employer as much notice of the day of leave as possible.

(h) Where an employee claims an entitlement to a bereavement leave of absence, such person shall be required to provide reasonable documentary proof of the death of a family member in order to support the claim for the leave or pay.

ARTICLE 22- JURY AND WITNESS DUTY

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

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

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

(c) deposits with the Nursing Home the full amount of compensation received, excluding mileage, travelling and meal allowance, and an official receipt thereof.

ARTICLE 23- EDUCATIONAL LEAVE

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

23.02 Where employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full cost associated with the courses.

ARTICLE 24 - HOURS OF WORK

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

24.02 The regular work shift for fulltime employees shall be seven and one-half (7 1/2) working hours per day exclusive of meal periods.

ARTICLE 25- OVERTIME

25.01 Overtime shall be paid for all hours worked over seven and one-half (7 1/2) hours in a shift or seventy-five (75) hours bi-weekly, at the rate of time and one-half the employee's regular rate of pay.

25.02 (a) From time to time employees may change shifts with appropriately qualified employees, with prior approval of the Employer or her designate. The Employer reserves the right to request a signed statement from such employees and shall not be responsible or liable for overtime rate claims and non-compliance with any provision in this Collective Agreement that might arise or accrue as a result of the exchange of shifts. Such permission shall not be unreasonably withheld.

(b) Where an employee exchanges shifts with an appropriately qualified employee, there shall be no additional costs to the Employer. The employee shall not accrue any additional benefits as a result of such an exchange o~ shifts.

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25.03 Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked, but may take time off equivalent to overtime by mutual agreement under the following circumstances.

(a) The time off must be taken within two (2) pay periods after it has been earned.

(b) If there is no agreement on when the time is to be taken, then it will be paid out.

(c) The time off must be taken in blocks of time not less than seven and one half (7 1/2) hours. Any accrued time which is less than seven and one half (7 1/2) hours will be automatically paid out.

(d) Overtime can only be accumulated within two (2) pay periods.

25.04 There shall be no pyramiding of premium pay, overtime pay, sick pay, holiday pay, benefits or payments.

ARTICLE 26- WORK SCHEDULE

26.01 Work schedules covering a two (2) week period will be posted one (1) week in advance. Employee's request for specific days off must be submitted to the Immediate Supervisor two (2) weeks in advance of posting.

26.02 Employees who are scheduled to work less than seventy-five (75) hours in a two (2) week period will not qualify for overtime on an assigned day off as per the posted schedule until they have completed seventy-five (75) hours of work in the scheduled two (2) week period.

26.03 The Employer will endeavour to arrange shifts such that there will be a minimum of twenty-four (24) hours between the beginning of shifts and changeover of shifts, and forty ( 40) hours if there is one (1) day off, and sixty-four (64) hours if there are two (2) days off between the changeover of shifts. In the event employees of their own accord, and for their own personal convenience arrange to change shifts, the conditions in Article 25.02 shall apply in all respects.

26.04 No employee shall be scheduled to work more than six (6) consecutive days without being given two (2) or more days off work. The overtime rate of one and one-half (11/2) times the employee's applicable hourly rate shall be paid for any days worked over six (6) consecutive days, except in the case of an exchange of shifts between employees in which case the conditions in Article ·25.02 shall apply in all respects. In counting days under this provision, no account shall be taken of a day on which an employee works as a result of accepting a call-in shift.

26.05 The Employer will endeavour to arrange shift schedules such that all employees

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will receive one (1) weekend off in three (3).

26.06 The Chief Steward is to receive a copy of all work schedules as they are posted.

ARTICLE 27- LUNCH OR MEAL PERIODS

27.01 Lunch or meal periods will be uninterrupted, except in cases of emergency. Proper facilities will be provided for employees who bring their own lunch, and locker facilities will be provided.

ARTICLE 28 - RELIEF PERIODS

28.01 Employees will be allowed fifteen (15) minutes relief in each half of a seven and one-half (7 1/2) hour shift, without reduction in pay and without increasing the regular working hours.

ARTICLE 29- MINIMUM REPORTING ALLOWANCE

29.01 If an employee reports for work at the regularly scheduled time for her shifts and no work is available, such employee will be entitled to a minimum of four (4) hours pay at the employee's regular rate provided that:

(a) The employee has not been previously notified by the Employer to the contrary, either orally or by message left at the employee's residence.

(b) If requested by the Employer, the employee shall perform a minimum of four (4) hours of such available work as the Employer may assign.

29.02 Article 29.01 shall be waived and not binding upon the Employer in case of any labour dispute or emergency such as fire and power shortage which disrupt the operation of the nursing home, nor shall it apply to employees returning to work without notice after absence or where an employee has failed to keep the Home informed of her current address and telephone number.

ARTICLE 30 - CALL BACK AND CALL IN

30.01 "Call In" shall mean the calling in to· work at the Employer's request of an employee on an assigned day off as per the posted schedule.

30.02 All call-in of shifts shall be fn order of seniority on a rotational basis of those employees on the availability list, at non-overtime rates of pay, before securing an agency replacement.

ARTICLE 31- PAY DAYS

31.01 The Employer agrees that wages will be paid bi-weekly. The normal bi-weekly pay period shall be Sunday through Saturday inclusive. Employees will be paid wages for each pay period, including any overtime or premium pay due the

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employee for such pay period by direct deposit.

31.02 (a) Upon termination or layoff, the employee will be paid his final pay and her vacation pay on the regular pay day for that pay period within which she terminated or was laid off.

(b) Employees will endeavour to give a minimum of two (2) weeks' notice of termination of employment.

ARTICLE 32- PAID HOLIDAYS

32.01 Employees who have completed their probationary period shall receive the following holidays with pay:

New Year's Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day

Christmas Day Boxing Day (effective 2000) One (1) Float Day (to be taken anytime by mutual agreement)

32.02 The birthday for employees who have one year of seniority and the anniversary date of an employee's employment will be recognized as paid float holidays which are to be taken on the birthday or the anniversary date, or within thirty (30) days following the birthday or the anniversary date.

32.03 In order to qualify for holiday pay an employee must:

(i) have worked her full scheduled shift immediately preceding and immediately following the holiday except when an employee is absent from the preceding and/or following shifts due to illness, verified by a certificate of a medical doctor or nurse practitioner satisfactory to the Employer;

32.04 Where one (1) of the above named paid holidays falls on a Saturday or Sunday, an alternative day may be designated by the Employer as the paid holiday.

32.05 Holiday pay will be computed on the basis of the number of hours the employee would otherwise work had there been no holiday, at her regular rate of pay.

32.06 An employee who works on a holiday will be paid holiday pay plus one and one-half (11/2) times her regular hourly rate for the number of hours she works on the holiday or shall be paid one and one-half (1 1/2) times her regular hourly rate for the number of hours she works on the holiday and shall be given an alternative day off with pay in lieu. All hours worked on the night shift which begins on the day before a paid holiday shall be paid the premium rate. The night shift which begins on the paid holiday,

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however, will not be eligible for the premium rate.

32.07 Any employee scheduled to work on a holiday, and who does not report for work, shall forfeit her holiday pay, unless the absence is due to illness verified by a certificate from a medical doctor or nurse practitioner.

32.08 If one of the above-named holidays occurs on an employee's regular day off, or during her vacation period, the employee will receive an additional day off in lieu · thereof within two (2) weeks either side of the holiday, unless otherwise arranged between the employee and the supervisor, or the employee shall receive a day's pay. These options shall be at the discretion of the Employer.

32.09 All paid holidays which fall during a part-time employee's probationary period will be paid to the employee in accordance with the Collective Agreement on the completion of the probationary period.

32.10 If another Federal, Provincial or Municipal holiday should be proclaimed during the term of the collective agreement, such additional holiday would replace one of the designated holidays in the collective agreement.

ARTICLE 33- VACATIONS

33.01 (a) Employees shall be entitled to vacation according to the following schedule:

Length of Service a. less than 1 year b. 1 year to 3 years c. 3 years to 8 years d. 8 years to 15 years e. 15 years and over f. 23 years and over

Vacation Time 1 week 2 weeks 3 weeks 4 weeks 5 weeks 6 weeks

Vacation Pay 4% 4% 6% 8% 10% 12%

Effective the vacation year 2016, the 6 week benefit threshold will be 22 years.

(b) Employees will be covered by Article 33.01(a) with the understanding that all references to years of service for the purpose of calculating vacation pay shall be in accordance with Article 33.03.

33.02 (a) For the purpose of calculating vacation time entitlement, the employee's seniority as of May 31st shall be used.

(b) When an employee reaches the required seniority to advance to the next level of vacation pay, they will then begin to accrue at the higher percentage.

(c) Vacation pay is paid atthe applicable percentage (or percentages) of the

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employee's wages for the period ending May 31st.

33.03 Seniority for all full-time and part-time employees will be calculated on the basis of one (1) year being equal to 1900 hours worked and paid by the Employer. (It is understood that hours worked and paid for will include payment for vacation, statutory holidays, bereavement leave, sick time, but not premium pay such as overtime).

33.04 (a) Vacation must be taken throughout the vacation year with the exception of the time period between December 15th and January 15th. Employees shall apply by March 1st for their vacation for the upcoming vacation year. Vacation schedules shall be posted by May 1st.

(b) Vacations shall be granted on a seniority basis and the needs of the Home.

Effective April 13, 2015, notwithstanding the previous sentence, no employee will be entitled to take more than three (3) weeks' of vacation in the summer period (the thirteen week period commencing with the first Monday coinciding with, or following, Victoria Day) until all other employees have had the opportunity to take at least one week of vacation in that period. An employee who requires a longer vacation period because he/she is vacationing on another continent shall be granted an exception to the rule set out in the previous sentence.

(c) Vacations shall be paid to all employees in advance of their holiday on a separate cheque on the first pay period after May 31st.

33.05 Full-time employees will be paid vacation pay under the following conditions:

(i) A request must be made in writing, delivered to the employee's supervisor no later than the Friday of the week before the payroll period in which the leave is to commence,

(ii) The request will specify, in dollars, the gross amount to be paid to the employee from her vacation bank,

(iii) Vacation pay requested as required in paragraph (ii) will be paid on the pay day which corresponds to the week of vacation leave. Where a number of weeks of vacation leave are sought, payment will be made on the payday that corresponds to the first week of leave in the series. Payments will be subject to payroll deductions,

(iv) Vacation requests may never exceed the amount accrued in the bank at the time of the request.

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ARTICLE 34 - SICK LEAVE

34.01 Pay for sick leave is for the sole and only purpose of protecting employees against loss of income and will be granted to all employees on the following basis:

(a) Each full-time employee who has completed her probationary period shall be credited with one (1) day sick leave on the completion of each month of active employment with the Employer to a maximum of fifty (50) days. Employees hired following "date of ratification" will be credited with

three (3) days' sick leave on the completion of the probationary period and shall be credited with one (1) day sick leave thereafter on the completion of each month of active employment with the Employer to a maximum of fifty (50) days.

(b) Sick leave credits may only be used in the case of an absence from work due to illness or injury. Absence for injury compensable under the provisions of the Workplace Safety and Insurance Act shall not be charged against sick leave credits.

(c) The Employer reserves the right to request a medical certificate but will not do so unreasonably.

(d) An employee who will be absent due to personal illness or injury:

(i) for the day shift, shall endeavour to notify the Employer at least two (2) hours prior to the commencement of the shift but in any event not less than one (1) hour prior to the commencement of the shift unless impossible.

(ii) for the evening and night shift, shall notify the Employer at least two (2) hours· prior to the commencement of the shift unless impossible.

Failure to give such notice may result in loss of sick leave benefits for that day of absence.

(e) The Employer will notify the employees of their accumulation of sick leave on request.

34.02 Full-time employees transferring to part time shall retain sick leave credits accumulated at the time of transfer but shall not use such sick leave credits.

34.03 In the event the Nursing Home requires an employee to undergo a medical examination, the employee will be given reasonable paid time off to see her physician or nurse practitioner or to undergo the examination in the home, whichever the employee prefers. Where the employee chooses to use her own

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physician or nurse practitioner and, in the opinion of the Home, the report is inadequate and a further consultation is required, then the second visit will be on the employee's time or during working hours without pay.

Note: Not applicable to annual medical examination or medical certificates that may be requested.

34.04 (a) Annual Medical

The Employer agrees that no employee will be required to undergo an annual medical examination nor be required to produce a medical certificate related thereto. In the event the Ministry of Health requires verification of the annual medical examination, the matter will be forwarded to M. Teplitsky, or an independent arbitrator if M. Teplitsky cannot or is unwilling to act, forthwith for a decision.

(b) Sick Leave Certificate

If the Employer requires a sick leave certificate in accordance with past practice or the collective agreement and the doctor or nurse practitioner charges the employee for such certificate outside OHIP, the Employer will pay for the certificate. In the alternative, the Employer may require an employee to attend an independent physician other than the employee's own physician to provide a sick leave certificate. In such circumstances the Employer shall pay for any medical fees charges beyond OHIP in relation thereto.

ARTICLE 35 -WORKPLACE SAFETY AND INSURANCE

35.01 Employees absent due to illness or injury which is covered by the Workplace Safety and Insurance Act will be governed by the Workplace Safety and Insurance Act as amended from time to time.

ARTICLE 36- HEALTH AND SAFETY

36.01 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness. Accordingly, a labour management Health and Safety Committee will be established in accordance with the provisions of the Occupational Health and Safety Act. The Union will elect or appoint 3 employees, any 2 of whom will sit on the Health and Safety Committee with the third of them designated as an alternate. One of the 2 on the Committee will be a Certified Worker Member.

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

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36.03 Violence

(a) The parties agree that violence shall be defined as any incident in which an employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse. The parties agree that such incidents will not be condoned. Any employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub-article (a) only, employees as referred to herein shall mean all employees of the Employer.

(b) The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to employees who have faced workplace violence. These policies and procedures shall be communicated to all employees.

(c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review.

(d) The Employer agrees to provide training and information on the prevention of violence to all employees who come into contact with potentially aggressive persons. This training will be done during a new employee's orientation and updated as required.

36.04 Injured Workers Provisions

At the time an injury occurs, the injured worker's employer shall provide transportation for the worker (if the worker needs it) to a hospital or a physician located within a reasonable distance or to the worker's home. The employer shall pay for the transportation.

36.05 Infectious Diseases

The Employer and the Union desire to arrest the spread of infectious diseases in the Home.

To achieve this objective, the Joint Occupational Health and Safety Committee may review and offer input into infection control programs and protocols including surveillance, outbreak control, isolation, precautions, worker education, and training and personal protective equipment.

The employer will provide training and ongoing education in communicable disease recognition, use of personal protective equipment, decontamination of equipment, and disposal of hazardous waste.

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36.06 No Harassment

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

Where a bargaining unit member complains of harassment by another bargaining unit member, she shall bring such complaint to the attention of the Employer and the Union. The Employer and the Union will then initiate a complete and joint investigation of the complaint and report the findings back to the complainant who shall be accompanied by a Steward. If the complaint directly or indirectly involves the complainant's supervisor or a Steward she may contact an alternate person in management or the Union, as the case may be, to ensure that the complaint is handled in a discreet, confidential and timely fashion.

Should the complainant not be satisfied with the response she is entitled to file a grievance under the terms of this Collective Agreement.

ARTICLE 37- HEALTH AND INSURANCE BENEFITS

37.01 All health and insurance premium costs paid by the Employer shall prorate in accordance with the provision for proration found in the part-time addendum.

37.02 The Employer agrees to pay one hundred (100) percent of the premium for $25,000 life insurance for each employee. If the employee is otherwise covered the Employer shall not be obligated to contribute.

37.03 The Employer will provide a Major Medical Plan for employees covered by this Agreement who have completed their probationary period providing a Drug Card with a $7.50 dispensing fee cap and $1.00 deductible per prescription. The Employer agrees to pay one hundred (100) percent of the billed single/family rate, whichever is applicable, for employees who participate in the plan. If an employee is otherwise covered, the Employer shall not be obligated to contribute. Reimbursement for prescribed drugs covered by the Plan will be based on the cost of the lowest cost interchangeable drug, unless there is a documented adverse reaction to the drug or where the employee's doctor stipulates in writing that there are other medical reasons why the lowest cost interchangeable drug cannot be prescribed.

37.04 The Employer agrees to contribute fifty (50) percent of the billed premium for eligible participating employees for the Blue Cross #9 dental plan, or its equivalent based on a one-year lag on the ODA fee schedule. The cap on the

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dental plan shall be $2,000 per individual and per family member. Effective two months following the month of ratification, the dental plan will be based on a one-year lag on the ODA fee schedule. Fluoride treatments will be covered only for persons under the age of 18 years. For persons 18 years and older, the dental recall coverage is once every 9 months. If an employee is otherwise covered, the Employer shall not be obligated to contribute.

37.05 Vision Care

The Employer will provide a Vision Care Plan (similar to the Blue Cross #9 Plan) and agrees to pay one hundred percent (100%) of the billed single/family premium for employees who participate in the plan. If an employee is otherwise covered, the Employer shall not be obligated to contribute.

The vision care plan shall provide $235.00 per 24 month period. Effective month following ratification (Dec 6, 2016), increase to $260.00. Effective October 2017, coverage to include eye exams. Effective October 2018, increase to $285.00.

37.06 Hearing Aid

The Employer will provide a $300.00 Hearing Aid Benefit one hundred percent (100%) Employer paid.

37.07 Change of Carrier

The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargained for. Any problems with respect to the insurer acknowledging or honouring any claims is a matter as between the Employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier.

37.08 During an absence not paid by the Employer exceeding thirty (30) continuous calendar days, the employee will become responsible for full payment of subsidized employee benefits in which he/she is participating for the period of the absence.

ARTICLE 38 - PENSION PLAN

The Nursing Homes and Related Industries Pension Plan

1. In this Article, the terms used shall have the meanings as described:

38.01 "Plan" means the Nursing Homes and Related Industries Pension Plan, being a

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multi-employer plan.

"Applicable Wages" means the basic straight time wages for all hours worked, including:

(i) the straight time component of hours worked on a holiday;

(ii) holiday pay, for the hours not worked; and

(iii) vacation pay.

All other payments, premiums, allowances etc. are excluded.

"Eligible Employee" means full-time and part-time employees in the bargaining unit who have completed nine hundred and seventy-five (975) hours of service.

38.02 Each Eligible Employee covered by this collective agreement shall contribute from each pay period an amount equal to four percent ( 4%) of applicable wages to the Plan. The Employer shall match such contributions, the amount being four percent (4%) of applicable wages.

38.03 The employee and Employer contributions shall be paid to the Plan within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions are attributable.

38.04 The Union acknowledges and agrees that other than making its contributions to the Plan as set out in this article, the Employer shall not be obligated to contribute towards the cost of benefits provided by the Plan, or be responsible for providing any such benefits.

The Union and Employer acknowledge and agree that under current pension legislation, and/or regulations, the Employer has no requirement to fund any deficit in the Plan, but is required to contribute only that amount as required by the collective agreement in force between the parties.

It is understood and agreed by the Employer and the Union that should the current pension legislation or regulations be changed so that the Employer's obligation to contribute to the Plan exceeds the amount specified in the collective agreement then in force, the parties will meet directly to finalize methods to relieve the employer of this increased obligation to the extent that any such obligations exceeds that which the employer would have if the Plan were a defined contribution plan.

38.05 The Employer agrees to provide to the Administrator of the Plan, on a timely basis all information required pursuant to the Pension Benefits Act, R.S.O. 1990, Ch P.8, as amended, which the Administrator may reasonably require in order to properly record and process pension contribution and pension benefits. ·

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The information required to be provided by the employer may be provided in the form normally maintained by the Employer, whether on computer disc, manual records, or otherwise. In the event such information is not readily available without review of other information not relevant to the Plan, the Plan shall make arrangements with the Employer for access to the required information. This may include the Employer providing such information at reasonable cost to the Plan. If the Administrator and Employer are unable to agree on the form of such access, a mutually acceptable third party, such as a firm of accountants or auditors, shall be retained at the expense of the Plan to obtain such information from the Employer's files.

Such information shall be provided only on enrolment of an employee or with the monthly remittances.

Any additional information requests beyond that noted above may be provided, if possible, by the Employer, it being understood that any additional costs of such request shall be borne by the Plan.

For further specificity, the items required for each eligible employee by article 38.05 of the agreement are:

(i) To Be Provided Once Only at Plan Commencement

Date of Hire

Date of Birth

Date of first Remittance

Seniority List (for the purpose of calculating past service credit)

(ii) To Be Provided with each Remittance

Name

Social Insurance Number

Monthly remittance

' Pensionable Earnings

(iii) To Be Provided Once, and if Status Changes

Address as provided to the Home

Termination date when applicable

(iv) To Be Provided once if they are Readily Available:

31

Gender

Marital Status

38.06 Where legislation or the Plan prohibits an employee from contributing toNHRIPP because of age, an amount equivalent to the deductions in Article 38.02 will be directed to a Mutual Fund of the employee's choice.

ARTICLE 39- UNIFORM ALLOWANCE

39.01 Employees who are required to wear a uniform at the request of the Employer shall be paid a yearly uniform allowance of 7.0 cents per hour worked. The allowance shall be payable for the first pay period of January of each year and payable on a separate cheque. No person who is an employee at the time of ratification shall subsequently lose ~ntitlement to the allowance by virtue of a change in the requirement to wear a uniform.

ARTICLE 40- RATES OF PAY AND PREMIUMS

40.01 Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and hourly rates of pay.

40.02 The probationary rate for all employees shall be twenty cents ($0.20) below the start rate.

40.03 New Classifications

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

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

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

40.04 Wage Progression

For the period September 25, 1996 up to day of ratification April 6, 2000,

32

employees within their position classification will progress from the "start rate" to the "one year rate" and so on, on the basis of 1,950 hours worked at the "start rate" to the "one year rate" and so on. Effective the day following the day of ratification, employees within their position classification will progress from the "start rate" to the "one year rate" and so on, on the basis of 1,900 hours worked at the "start rate" to the "one year rate" and so on. Hours worked and paid for, and hours not worked and paid for by the Employer, and hours not worked and paid for under the Workers' Compensation Act shall be considered hours worked for the purposes of computing eligibility to progress to the next higher rate within their position classification.

40.05 Shift Premium

All employees who are required by the Employer to rotate two (2) or more shifts during a two (2) week work schedule shall receive a shift premium of 25 cents for each hour worked on the afternoon or night shift only, unless this is the employee's normal shift. Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premium will not form part of an employee's straight time hourly rate.

40.06 Weekend Premium

Effective the first full pay period after December 23, 2015, twenty-five ($0.25) cents per hour worked weekend premium payable between the start of the shift commencing on or about 2300 hours Friday, and the end of the shift ending on or about 2300 hours Sunday. Effective the first weekend after the date of ratification (December 6, 2016), increase to thirty ($0.30) cents. Effective the first weekend after September 25, 2017 increase to thirty-five cent~ ($0.35).

40.07 Responsibility Allowance for Work Outside the Bargaining Unit

(a) When the Employer temporarily assigns an employee to carry out the responsibilities of a salaried employee outside of the bargaining unit for a period in excess of 1/2 shift, the employee shall receive an allowance of seven dollars and fifty cents ($7.50) for each shift from the time of the assignment. Effective September 25, 2017, eight dollars ($8.00).

(b) Where an RN is absent from her normal shift, and the Employer temporarily assigns an RPN to carry out some additional responsibilities of the absent RN for a period in excess of 1/2 shift, the employee shall receive an allowance of seven dollars and fifty cents ($7.50) for each shift. Effective September 25, 2017, eight dollars ($8.00).

(c) Where there is neither an RN nor a Supervisory employee (or above),

33

who is a Registered Nurse in the building and there is an RPN in the building, the above-noted allowance will apply to an RPN who is designated to be in charge of the building.

It is understood and agreed that only one of the above-noted premiums will apply at any one time.

40.08 Food Service Worker Premium

Effective the first pay period following September 25, 2017 a ten ($0.10) cent per hour premium is payable to a Dietary Aide who has completed the Food Service Worker Progr~m as set out in Section 78 of Regulation 79/10 under the Long Term Care Homes Act. If the parties to the SEIU Central bargaining process extend this premium to other Dietary Aides during the life of this renewal, it will be adopted at Shelburne.

ARTICLE 41- RETROACTIVE PAY

41.01 Retroactive increase shall be paid within two full pay periods. Retroactive wage increases shall be paid only to those employees, employed on the date of ratification (December 6, 2016), who have been employed during the retroactive period and in such amounts as corresponds to the employee's actual hours paid.

ARTICLE 42 - PRINTING OF THE COLLECTIVE AGREEMENT

42.01 The Employer shall pay one half of the cost of printing the Collective Agreement and shall receive a minimum of 15 copies.

ARTICLE 43- INTERPRETATION

43.01 Except where otherwise specified in the Agreement, the reference to a number of days within which any matter shall be dealt with is to be in terms of calendar days.

ARTICLE 44 - HEALTH AND SAFETY

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

The parties further agree that suitable subjects for discussion at the joint committee under 7.06 will include aggressive residents.

34

ARTICLE 45- RENEWAL, AMENDMENT AND TERMINATION

45.01 This Agreement shall continue in effect until September 24, 2019 and shall continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other in writing, within ninety (90) days prior to the expiration date, that it desires to amend or terminate this Agreement.

45.02 In the event of such notification being given as to amendment of the Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification or such other period of time which is agreeable to the parties.

45.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, this Agreement shall automatically be extended until_ consl!mmation of a new -­Agreement, or completion of the proceeding prescribed under the Labour Relations Act, 1980 of the Province of Ontario, and the Hospital Labour Disputes Arbitration Act, 1980, as amended, whichever should first occur .

.. --___ :;;· __ : ____ --

IN WITNESS WHEREOF the parties hereto have hereunto caused this Agreement to be executed by their duly authorized representatives this J1h day of F-ebru.o.":j 2017.

--- -- -- -- - -:::----- --.--- ·-· --;:::_;.:.. --- -~ ----- -- _. - - -----· ---- - -. ---- -. ~- ?'" -- -:.--- -

-- ~ -----------

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

DT:Is

35

·...::: ...,._._;;_:::._ --

SHELBURNE RESIDENCE NURSING HOME

- ~--

SCHEDULE "A"- SHELBURNE NURSING HOME WAGE GRID

1.4% 1.4% 1.4%

first full pay first full pay first full pay period period period

following following following

CURRENT Sept 25/16 Sept 25/17 Sept 25/18 HCA&PSW

Prob 17.19 17.43 . 17.67 17.92 Start 17.39 17.63 17.88 18.13 1 18.44 18.70 18.96 19.23 2 19.47 19.74 20.02 20.30 3 20.48 20.77 21.06 21.35

NA Prob 17.01 17.25 17.49 17.73 Start 17.22 17.46 17.70 17.95 1 18.26 18.52 18.78 19.04 2 19.12 19.39 19.66 19.94 3 20.29 20.57 20.86 21.15

Cook Prob 17.74 17.99 18.24 18.50 Start 17.94 18.19 18.44 18.70 1 19.01 19.28 19.55 19.82 2 20.09 20.37 20.66 20.95 3 21.13 21.43 21.73 22.03

Basic Aides Prob 16.78 17.01 17.25 17.49 Start 16.99 17.23 17.47 17.71 1 18.01 18.26 18.52 18.78 2 18.88 19.14 19.41 19.68 3 20.09 20.37 20.66 20.95

36

t1

CURRENT 0.10 1.4% 0.10 1.4% 0.15 1.4%

Special first full pay Special first full pay Special first full pa Adjustments period Adjustments period Adjustments period

for RPNs only following for RPNs only following for RPNs only following RPN Sept 25/16 Sept 25/17 Sept 25/1~ Prob 22.72 22.82 23.14 23.24 23.57 23.72 24.05 Start 22.92 23.02 23.34 23.44 23.77 23.92 24.25 1 23.72 23.82 24.15 24.25 24.59 24.74 25.09 2 24.53 24.63 24.97 25.07 25.42 25.57 25.93 3 25.33 25.43 25.79 25.89 26.25 26.40 26.77

0.30 1.4% 0.30 1.4% special first full pay special first full pay RNs per

adjustments period adjustments period ONAwage for RNs only following for RNs only following grid

CURRENT Sept 25/16 Sept 25/17 of July 1/18 RN Prob 27.54 27.84 28.23 28.53 28.93 29.49 start 27.74 28.04 28.43 28.73 29.13 29.69 1 year 28.95 29.25 29.66 29.96 30.38 30.97 2 year 29.9 30.20 30.62 30.92 31.35 31.98 3 year 31.48 31.78 32.22 32.52 32.98 33.69 4 year 32.77 33.07 33.53 33.83 34.30 35.05 5 yeare 34.35 34.65 35.14 35.44 35.94 36.73 6 year 35.87 36.17 36.68 36.98 37.50 38.34 7 year 38.88 39.18 39.73 40.03 40.59 41.60 8 year 42.03 42.33 42.92 43.22 43.83 44.95

37

LETTER OF UNDERSTANDING- PENSION

1. The parties agree that if they are unable to agree on the amount owing by the Employer to the Plan, or the amount owing by the Plan to the Employer, an auditor from the firm of Orenstein and Partners will be retained to adjudicate the issue, and the auditor's cost will be shared equally by the Employer and the Plan.

An Arbitrator, chosen by the parties, will have jurisdiction on this issue, should either party find this process unsatisfactory._

2. The Union undertakes to consult with the Employer prior to effecting any changes in the administration of the Plan which may impact the Employer either financially or administratively. To this end the Employer and the Union will form a committee consisting of three members from each side.

3. In consideration of the Employer forthwith paying those contributions which have not been "matched" by the employee prior to January 22, 1993, the Union acknowledges that the Employer is not responsible for any problems which arise from the failure to collect the Employee matching contribution.

4. The Union agrees that the Trustees appointed by them shall ensure that the funds transferred from the Employer for and on behalf of their employees to the Plan will be invested in accordance with the applicable legislation.

5. The Union further undertakes to provide actuarial valuation and investment performance statements to the Employer as they become available to the Union or required by law, whichever is the most frequent.

DATED THIS ~l'*'- DAY-OF f~ruct~ 2017.

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

-~-

:riLrwJjj~

~IV~. ~~~-

38

SHELBURNE RESIDENCE NURSING HOME

LETTER OF UNDERSTANDING- RE: ARTICLE 3.01

BETWEEN

SHELBURNE RESIDENCE NURSING HOME

-and-

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

The parties agree that the maintenance functions currently contracted out will not be subject to Article 3.01.

DATED THIS ~l-\"' DAY OF "f~'oru.a.~ 2017.

SERVICE EMPLOYEES INTERNATIONAL SHELBURNE RESIDENCE NURSING UNION LOCAL 1 CANADA i I HOME

(~-'h&V~ ~cr~·

.. I

39

LETTER OF UNDERSTANDING- RE: ARTICLE 23

BETWEEN

SHELBURNE RESIDENCE NURSING HOME

-and-

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

Re: Article 23

For greater clarity, articles 23.01 and 23.02 do not apply to employees who upgrade qualifications pursuant to government requirements to maintain their employment.

DATED THIS &I~ DAY OF "fe_'oru._<A~ 2017.

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

i~aa_J~ -il:t£ , /]uk -lcarili

I ... -

40

SHELBURNE RESIDENCE NURSING HOME

LETTER OF UNDERSTANDING- RE: ARTICLE 3.02

BETWEEN:

SHELBURNE RESIDENCE NURSING HOME

AND:

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

It is agreed that Article 3.02 shall not apply to the position of Dietary Supervisor. It is further agreed that, apart from any fluctuations in the census of the Home, there shall be no reduction in bargaining unit hours or layoff as a result of the creation of this position.

DATED THIS 6ll-\h DAY OF Rbuo.~ 2017 .

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

-

LOrwJd~

.. I

41

SHELBURNE RESIDENCE NURSING HOME

LETTER OF UNDERSTANDING- RESIDENT ABUSE

BETWEEN:

SHELBURNE RESIDENCE NURSING HOME

AND:

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

The parties agree that residents have a right to live in an environment that is free from abuse and that the abuse of residents by employees will not be tolerated. The Union agrees to cooperate with the Employer to promote an abuse free environment for all residents.

DATED THIS d~ DAY OF 'fe_'Ofua~ 2017.

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

'\../

, Bw-= 1~

42

SHELBURNE RESIDENCE NURSING HOME

LETTER OF UNDERSTANDING- PART-TIME PSW/HCA/NA BASE SCHEDULING

BETWEEN:

SHELBURNE RESIDENCE NURSING HOME

AND:

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

1. The Parties agree that some changes will be made to the way in which part time HCA/PSW/NA (hereafter Aides) in the Nursing Home will be scheduled.

2. The schedule for part time Aides will be revamped to accommodate a base schedule for part time Aides.

· 3. The Employer agrees to meet with a Union committee selected by the part time Aides. The Committee will consist of 3 part time Aides, preferably one from each shift of the day and the Chief Steward who may be assisted by a Union Representative from time to time. The Committee will review the base schedule drafted by the Employer and make recommendations on it, recognizing that it is the Employer's right to schedule under the collective agreement.

4. Once the base schedule is prepared, part time Aides will be given an opportunity to select a line from the base schedule, based on what is available. Base schedules will be assigned by seniority in light of what is available.

5. Once the process in 4 is complete, a date will be set for the introduction of the base schedule, no later than the second week of January, 2011.

6. Fourteen days prior to first time a schedule is posted using the base schedule employees will provide the Employer with a list of dates and shifts for which they are available to work beyond their base schedule. The Employer will develop a form to complete and a policy which employees will follow to provide their availability.

7. In providing her availability, an employee may not restrict her availability for weekends contrary to the collective agreement. However, the Employer will endeavour to schedule part-time aides one weekend in two.

8. Thereafter, employees will be required to update their availability for each subsequent schedule no later than fourteen (14) days prior to the date that schedule is to be posted. If there are no changes in availability, however, no updates are required. If an employee does not provide a timely update, her last availability form on file will be used for the purpose of scheduling.

9. When the posted schedule is being prepared and the Employer knows that there are shifts to be worked on that schedule that must be filled, the Employer will assign

43 (?)J

those shifts to part-time aides in order of seniority based on availability provided above.

10. Shifts will not be assigned which would lead to overtime or otherwise violate the collective agreement. Part time Aides may be scheduled up to 75 hours biweekly under the Letter, but a part time aide does not become full time by virtue of hours assigned under this Letter. Part-time employees become full time by successfully posting into a full-time vacancy.

11. Where shifts are not filled after the process in paragraph 9, then the Employer will assign those shifts in reverse order of seniority.

12. Once the processes in 9, 10 and 11 are complete, the Employer will post the schedule as required in the collective agreement.

13. Once the base schedule is developed, all job postings will include both the hours to be worked and shifts of the position, as these are known at the time of the vacancy. The parties recognize that the base schedule may be subject to change arising from changes in funding, in work routines or in the way work is organized.

14. DATED THIS &l*' DAY OF ~~ 2017.

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

dl~ttP~ ~~-

44

SHELBURNE RESIDENCE NURSING HOME

LETTER OF UNDERSTANDING RE: ARTICLE 30.03

BE1WEEN:

SHELBURNE RESIDENCE NURSING HOME

AND:

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

For a period of six months post ratification or date of an award, the parties agree to the following on a trial basis. Upon completion of the trial period, parties are free to renew, cancel or modify this provision.

When an employee on a scheduled day off is called in to work one half hour or less before the starting time and the employee commences work within one hour of the call, then the employee will be paid as if the entire shift had been worked provided she completes the shift for which she was called in. When an employee on a scheduled day off is called in to work during a shift, and the employee commences work within one hour of the call, then the employee will be paid from the time of her acceptance of the shift provided that she completes the shift for which she was called in. Where an employee's residence on record with the Employer is more than 60 km away from the Home, such employee will be permitted an extra 15 minutes of travel in this provision.

DATED THIS Dl~ DAY OF ~~

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

.......

d!~&v~ ~f'M,~ •

45

2017.

SHELBURNE RESIDENCE NURSING HOME

PART-TIME ADDENDUM

The terms and conditions of the full-time bargaining unit collective agreement attached to this Addendum will apply to the part-time unit, save and except as modified by this Addendum in the following manner:

1. Article 2 - Scope and Recognition

(a) All employees of Shelburne Residence Nursing Home Ltd. in Shelburne regularly employed for not more than 24 hours per week and students employed during the school vacation period, save and except supervisors, persons above the rank of supervisor, office and clerical staff.

(b) An unscheduled part-time employee is a person who does not work a regular schedule, or who does so only for a specified period. Such employee shall also be expected to provide the Home with his/her availability to work and to accept offers of work under 30.02,

(i) on a consistent basis (ie no less than once in each month), and

(ii) at least two (2) weekends per month

failing which such employee may be released from employment. The number of such employees in each job class at any one time shall be determined by the Home based on the judgement of the Supervisor as to the need for such staff.

2. Article 7 - Union Committee and Stewards

7.01 -As per the full-time agreement with the following addition:

There shall be no more than 4 stewards altogether from both bargaining units.

3. Article 8 - Complaints and Grievance Procedure

References to working days shall be Monday to Friday inclusive excluding statutory holidays.

4. Article 21 - Leave of Absence for Union Business

21.01 -As per full-time bargaining unit. Add however "there shall be no more than one (1) employee at any one time to a maximum aggregate of 15 days per year on this leave in both bargaining units combined".

21.04 -As per the full-time bargaining unit. Add "however, there shall not be more

46

than one (1) employee on such leave at the same time in both bargaining units combined".

5. Article 35 - Sick Leave

35.01- The employer reserves the right to request a medical certificate but will not do so unreasonably.

35.02 - An employee who will be absent due to personal illness or injury:

(i) For the day shift will endeavour to notify the employer at least 2 hours prior to the commencement of the shift but in any event not less than one hour prior to the commencement of the shift unless impossible. (ii) For the evening and night shift shall notify the employer at least two hours prior to the commencement of the shift unless impossible.

35.03- Full-time employees transferring to part-time shall retain sick leave credits accumulated at the time of transfer but shall not use such sick leave credits.

35.04- In the event the Nursing Home requires an employee to undergo a medical examination, the employee will be given reasonable paid time off to see her physician or to undergo the examination in the Home, whichever the employee prefers. Where the employee chooses to use her own physician and where, in the opinion of the Home, the physician's report is inadequate and a further consultation is required, than the second visit will be on the employee's time or during working hours without pay.

Note: Not applicable to annual medical examination or medical certificates that may be requested.

ARTICLE - 34.04 (a) of the Full Time Agreement shall apply.

6. Prorata Benefits Proration Formula

Effective January 1, 1996, the following language shall apply:

Accrual and payment of paid holidays and all benefits including shared cost arrangements for all employees shall be on a prorata basis of hours regularly worked in relation to seventy-five (75) hours bi-weekly.

The calculation of proration percentage shall be determined by dividing the hours paid in the previous predetermined six (6) month period by 975 and then multiplying by 100.

47

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

Hours paid in calculating proration formula will include Worker's Compensation and Sick Leave.

When an employee is on:

(a) Pregnancy leave;

(b) Parental leave; or

(c) Approved leave of absence in excess of thirty (30) continuous calendar days.

Proration upon return shall be based on the percentage (%) in effect prior to commencement of leave.

Employees who regularly work more than sixty-six (66) hours bi-weekly, shall have one hundred percent (100%) of the Employer portion of insured benefits paid.

Holiday and vacation entitlement for employees who regularly work more than sixty­six (66) hours bi-weekly but less than seventy-five (75) hours bi-weekly shall be based on provisions for employees regularly working seventy-five (75) hours.

N.B. Holiday pay for employees who regularly work less than seventy-five (75) hours will be paid according to each employee's pro-rata entitlement at the time of the holiday. To illustrate, if an employee's hours in a six month period (January to June or July to December) are 487.50, her proration is calculated as follows: 487.50+975 x 100=50. Such employee's proration percentage is 50. Her holiday pay would be 50°/o of 7.5 paid hours or 3.75 paid hours.

New Hires

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

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

The only exception to this calculation will be an employee who successfully bids or otherwise obtains a seventy-five (75) hour bi-weekly position. In this instance, an

48

employee who qualifies will immediately receive entitlement up to one hundred percent (100%) of the Employer's paid share of premiums and benefits.

49