collective agreement - ontario...acop and the welfare of its employees; (iv) the committee will not...
TRANSCRIPT
COLLECTIVE AGREEMENT
BETWEEN
PROVIDENCE CARE CENTRE (ATTENDANT CARE OUTREACH PROGRAM)
(hereinafter referred to as the "Employer")
AND
LIUNA LOCAL 3000 (hereinafter called the "Union")
Expiry March 31, 2021
Table of Contents
ARTICLE l .. PURPOSE111.' ••••••••••••••••••• I"" • • •••• • ••• • • •••••• • ••••••••••••••• ••• • • • •• I •• • ••••••••••••••••••• •••••••••••••••••••• l
ARTICLE 2 - UNION RECOGNITION ........................................................................................... 2
ARTICLE 3 - MANAGEMENT RIGHTS •.•.•••••.•...••.. .••...••..•••..••..•••.••••.•••.•••.•• •••••.•••...••••••••••..•••..•• 3
ARTICLE 4 - EMPLOYER-UNION RELATIONSHIP ....................................................................... 4
ARTICLE 5 - DEFINITIONS •• • I •• • ••••• ••••••••••••••••••••••• I •••••••• I ••••••••• • •••• Ill ........ . .. . ...... .... . . . ....... .... ....... . 6
ARTICLE 6 - SENIORITY •••••••••• ••••••••••••••••. ••••••••••••••••••••••••••••••••.•••••••••••••••.•••••••.•••••••••••••••••.••••• 7
ARTICLE 7 - JOB POSTINGS •.•••.••••.••.••••••.••••••.••••••••.. ' ••.••••••••••• I.' ••• '............... .. . . . ..... .... ........... . 9
ARTICLE B-LAY-OFF AND RECALL •••••••••••••••• •. ••••••.••••.•.•••••••••••• , •••••••.•••.•••.•••.•••••••.••.•••••••.••••. ll
ARTICLE 9- HOURS OF WORK .................................................................................................. lZ
ARTICLE JO- WORK SCHEDULES ............................................................................................ 13
ARTICLE 11 - OVERTIME, PREMIUM PAY, ALLOWANCES ........................................................ 16
ARTICLE 12- PAID HOLIDAYS ••••••••••.••••••.••••••.••••••••••.•• ••••••••••••••••••••••••••••.••••.• , •••••••••••••••••••••• 17
ARTICLE 13 .. VACATION •••••..••.•.••••••••••••.•••••••.•••••••..••..•••••••••••.•••••.•.• , ••••.•..•...•.•••.. ••..••.•••...•••• lB
ARTICLE 14 - LEAVES OF ABSENCE ••.••••••••.•••••••••••••.•••••••••••.••••••••••••••••••• ••••• ••••••••••••.• ••.• •• .•••••• 20
ARTICLE JS - BENEFITS •••••••••••••••••••••••••. •• •• •••••••••••••••••.•••.•••••••••••••••••••••••••••••••.••••••.•.••••••• , ••••• 24
ARTICLE l6 - GRIEVANCE PROCEDURE •.•••.••••••••••••••••.••••••••••••••••••••••••••••••• ••••••• ••••••••• .•••.••••••• 26
ARTICLE 17 -ARBITRATION PROCEDURE .............................................................................. 28
ARTICLE 18- MISCELLANEOUS ••••••••••••••••••.•••••• ••••••••••••••• , •••••••••••••••.•••.••••••••••••••••••••••••••••••••• 30
ARTICLE 19 - JOINT HEALTH & SAFETY COMMITTEE ............................................................... 30
ARTICLE 20- TRANSPORTATION ALLOWANCE ......................................................................... 30
SCHEDULE A - WAGES .......................................... .. .... ..... .. .......... .... ...... ................................. 31
ARTICLE 1 - PURPOSE
1.01 This Agreement seeks to maintain mutually satisfactory relations between Providence Care Centre (hereinafter referred to as "the Employer") and its employees employed with the Attendant Care Outreach Program (ACOP) represented by LiUNA Local 3000 (hereinafter referred to as "the Union"). The Employer and the Union are jointly referred to as "the Parties".
1.02 Employee Defined
The words "employee" or 11employees11 in this Agreement refer only to employees who are represented by the Union.
1.03 Gender-Neutral Language
The language of this Agreement is intended to be gender-neutral, with feminine and masculine pronouns used together, except when the context is intended to be genderspecific.
1.04 Term of Agreement
This Agreement covers the period April 1, 2018 to March 31, 2021.
Thereafter, it will be renewed automatically for recurring periods of one year unless either party notifies the other in writing of its desire to re-negotiate the Agreement; such written notice must be delivered no less than 30 calendar days and no more than 90 calendar days before the expiry of the Agreement currently in force.
In the latter event, the current collective Agreement will remain in force until it is renegotiated and endorsed by the parties or until it is finalized by an arbitrator.
1.05 Commencement of Negotiations
If written notice is given to re-negotiate, as described in Article 1.04, the parties wi11 commence negotiations within 25 days or within another mutually agreed-upon period.
1.06 Prohibition of Strike or Lock-Out
The Employer will not lock-out employees during the term of this Agreement. The Union will not cause, direct or condone a strike or other collective or individual action that interferes with the operation of ACOP during the term of this Agreement.
The Union will instruct and direct its members who engage in such actions to return to work and to resort to the grievance procedures of this Agreement.
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ARTICLE 2 - UNION RECOGNITION
2.01 The Employer recognizes the Union as the exclusive bargaining agent for employees of Providence Care Centre employed with Attendant Care Outreach and Endymion programs in the city of Kingston, Ontario, save and except supervisors and persons above the rank of supervisor, office and clerical employees.
2.02 Union Representation
(i) The Union will provide the Employer with the names of members of its executive committee, of members of other committees referred to in this Agreement, and of its stewards within 7 calendar days of any changes. The Employer will recognize only those employees who are so designated by the Union.
(ii) The Union will elect or appoint stewards. Stewards will be employees who have completed their probationary period.
(iii) The Employer will recognize the Union executive committee and three (3) stewards.
(iv) All Union representatives have their normal working duties to perform for the Employer. Union representatives, when required to discharge their responsibilities under this Agreement, will obtain permission from supervisors upon entering and leaving all work areas or when leaving their client care duties. Such permission will not unreasonably be withheld by the Employer.
(v) The Employer will not make any deductions from regular earnings of stewards or committee members for time spent absent from regularly scheduled duties while investigating a complaint or grievance with the Employer. This will not apply to arbitration.
(vi) Compensation will not be paid to stewards and committee members for time spent outside of regular working hours.
2.03 Union Negotiating Committee
(i) The negotiating committee selected by the Union will consist of not more than three (3) employees, one of whom will be the president of the Union or designate. Members of this committee will request a leave of absence from their supervisors.
(ii) Members of the Union negotiating committee will suffer no loss of wages when absent from regularly scheduled shifts for time spent in face-to-face bargaining with the Employer, excluding arbitration.
(iii) Members of the Union negotiating committee will receive no compensation from the Employer for time spent outside of regularly scheduled shifts.
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2.04 Union Dues
(i) Union dues, as determined by the Union, will be deducted by the Employer each pay period and remitted no later than the first of the month following the month in which dues are deducted to: LiUNA Local 3000's head office.
(ii) Dues deduction for new employees will begin in the month of hire.
(iii) The Employer will not be responsible for the deduction or remittance of Union dues for employees who are on unpaid leaves of absence.
(iv) The Union agrees to indemnify and hold harmless the Employer in respect of any suits, claims, actions, or proceedings commenced against the Employer by reason of the deduction of Union dues.
(v) In remitting such dues, the Employer shall provide a current list of employees from whom deductions were made, including their, addresses, phone numbers and employment status. The Employer shall notify the Union in writing (with a copy to the Certified Bargaining Unit) on a monthly basis of all new hires, discharges, lay-offs and recalls.
2.05 Employee List
The Employer will provide the LiUNA Local 3000 every April and October with two copies of a current list of names, phone numbers and addresses of bargaining unit employees. The list will be updated monthly.
2.06 Right to Representation
All employees have the right upon request to have a steward present at the time formal discipline is imposed and at any stage in the grievance procedure. The Employer will notify all employees of this right in advance. Should any employee wish to waive their right to representation they can request and sign the waiver form provided.
However, it is agreed that Union representation is not required when an individual manager or supervisor meets with an employee for purposes that are non-disciplinary.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 It is the exclusive right of the Employer to:
(i) maintain order, discipline and efficiency;
(ii) hire, discharge, direct, classify, transfer, promote, demote, layoff, suspend and otherwise discipline employees for cause;
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(iii) establish and enforce rules and regulations pertaining to employees, provided such are not inconsistent with the provisions of this Agreement;
(iv) manage and operate attendant care outreach and Endymion programs;
(v) determine the number of and assignment of employees and vary both as operational requirements and circumstances dictate;
(vi) determine performance standards for all employees;
(vii) determine the kinds of and location of machines and equipment and work schedules and hours of work;
(viii) determine all other matters concerning the operation of Employer that are not specifically covered in this Agreement.
(iv) manage and operate Attendant Care Outreach and Endymion programs;
ARTICLE 4 - EMPLOYER-UNION RELATIONSHIP
4.01 Prohibition of Intimidation
Neither the Employer nor the Union will engage in intimidation, discrimination, interference or coercion related to an individual's participation or non-participation in the Union.
4 .02 Prohibition of Union Solicitation
The Union will not solicit members, collect dues or conduct other Union activities on the premises of the Employer, except as specifically permitted by this Agreement or with the consent of the Employer.
4.03 Contracting Out
The Employer will not contract out any work that is usually performed by members of the bargaining unit if such contracting out causes the layoff of any employee. Contracting to an employer who is organized and who will employ on similar terms and conditions employees who would otherwise be laid off is not a breach of this Agreement.
4.04 Work of Bargaining Unit
Supervisors and persons above that rank, who are excluded from the bargaining unit, will not perform the duties normally performed by bargaining unit employees if such work results in the layoff of employees in the bargaining unit. The parties agree that this provision does not restrict the use of Team Leaders to perform bargaining unit work in
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accordance with past practice.
4.05 Bulletin Boards/Job-Posting Board
(i) The Employer will provide two (2) bulletin boards for the exclusive use of the Union. The cost and maintenance of the bulletin boards will be shared by the parties. The two boards will be located outside the Attendant Care Outreach office and at the supportive living unit.
(ii) The Union will have the right to post notices of meetings, social functions, and Union information on all Union bulletin boards. However, all other material requires approval of the Director, or designate, before posting. Such approval will not be unreasonably denied.
(iii) The Employer will provide a locked job Posting Board located outside the Attendant Care Outreach office and at the supportive living unit.
4.06 Union-Management Committee
A Union-Management Committee will meet quarterly, unless otherwise agreed between the parties.
The Union and the Employer will each name up to three (3) representatives to the committee. The chair will alternate between the Union representatives and the Employer representatives.
(i) The party chairing the meeting will prepare and distribute the agenda and minutes from the meeting;
(ii) Each party will advise the other of agenda items in writing one (1) week before a scheduled meeting (not including Saturdays, Sundays and holidays);
(iii) The purpose of the committee is to promote improvements in the functioning of ACOP and the welfare of its employees;
(iv) The committee will not discuss grievances;
(v) Employees attending the meetings will suffer no loss of pay when attending meetings during normal working hours.
4.07 Union Access to Employer's Premises
The Employer will not deny access to the ACOP main office to individuals assisting the Local in matters arising from this Agreement.
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4.08 Union Orientation
A new employee will have the opportunity to meet with a representative of the Union for a period of up to fifteen (15) minutes without loss ofregular earnings. The purpose of the meeting will be to acquaint the employee with such representation of the Union and the collective agreement. Such meetings may be arranged collectively or individually for employees by the Employer.
4.09 Human Rights
The parties agree, in accordance with the provisions of the Ontario Human Rights Code, there will be no discrimination against any employee by the Union or the Employer by reason of race, creed, colour, age, sex, sexual orientation, marital status, citizenship, ancestry or place of origin, or any other human rights ground that is not pertinent to the employment relationship.
4.10 New Classifications
The Employer will notify the Union within l 0 days when it establishes a new bargainingunit classification and the rate of pay.
The Union may contest the rate of the new classification by requesting a meeting with the Employer within 10 days. If a change in rate is mutually agreed by the parties, it will be retroactive to the date of notice to the Union.
If no Agreement on rate is reached, the matter may be submitted to arbitration within 10 days of the meeting.
ARTICLES - DEFINITIONS
5.01 Employee Status
Full-time: Employees primarily scheduled in Outreach who normally are scheduled to work 75 hours in a two-week pay period.
Employees primarily scheduled in Supportive Living who normally are scheduled to work 80 hours in a two-week pay period.
Part-time: Employees who work 88 hours or less in a two-week pay period
C.~~-1,1-~J.:. A "casual employee" is an employee who has no scheduled hours and works on a relief basis and is called in when required.
Temporary: External temporary employees may be hired for a specific term not to exceed twelve (12) months, to provide relief for employees on an approved leave of absence, vacation or to perform a special non-recurring task.
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External temporary hires are entitled to the rights and privileges of this Agreement, except those in respect of discharge, lay-off, recall and promotion. Such employees will not accumulate seniority. However, if a temporary employee is accepted into a permanent position during the period when the employee is performing a temporary position, she/he will be credited with hours worked in the temporary position towards their seniority. Such hours will not count towards hours worked to complete their probationary period in the permanent position.
5.02 Probation Period for New Employees
All new employees will be on probation for 450 hours worked. The probation period for all new employees may be extended by mutual agreement of the Employer and the Union.
A probationary employee is entitled to all the rights and privileges of this Agreement. However, the employment of a probationary employee may be terminated at any time during the probationary period. Such termination cannot be the subject of a grievance or arbitration unless the employee was terminated for reasons which are arbitrary, discriminatory or in bad faith.
5.03 Employees' Files
Employees will have reasonable access to their personnel files in the presence of their Supervisor or designate for the purpose of reviewing records of discipline and performance evaluations by booking an appointment with ACOP office. Employees can obtain copies of such records.
5.04 Records of Discipline
An employee's records of discipline or suspension will be copied to the employee and the Union steward upon issuance. In instances where an employee refuses representation, a copy of the right to refuse waiver will be provided to the LiUNA union representative. Such records will be removed from her/his personnel file twelve (12) months after the date of issuance. This applies only if the employee's record is free of discipline for 12 consecutive months.
ARTICLE 6 - SENIORITY
6.01 Except where otherwise stated in this Agreement, seniority is preference or priority for promotions, demotions, layoffs, transfers, re-hirings and all other matters measured by seniority with the Employer.
6.02 The Employer will provide the Union with a list showing the seniority in hours for part time and date for full time of all bargaining unit members. Such lists will be sent to the
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Union and be posted on Union bulletin boards by March 31st and September 30th each year.
6.03 Effect of Absence
(a) Service and Seniority If an employee' s leave without pay from the employer exceeds 30 continuous calendar days, he/she will not accumulate service or seniority.
(b) Service During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits
under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of thirty (30) continuous calendar days.
c) Payment of Subsidized Employee Benefits In addition, the employee will become responsible for full payment of subsidized employee benefits in which she is participating for the period of the leave. In the case of approved unpaid absences in excess of thirty (30) continuous calendar days, the employee will provide in advance Electronic Funds Withdrawal (EFW) covering the employer and employee portions of the premiums.
d) Accumulating Seniority During Paid Leaves Seniority shall continue to accumulate throughout the entire period of any paid leaves.
e) Accruing During Unpaid Absences Seniority shall continue to accumulate throughout the entire period of approved pregnancy and/or parental leaves.
Seniority shall also accrue for a period of thirty (30) months for any unpaid absence relating to an illness or disability or in receipt of WSIB.
f) Part-time Employees For part-time employees on leave of absence as set out in ( d) and ( e) above, seniority will accumulate on a weekly basis in accordance with the following formula:
Total hours worked over the previous 52 weeks divided by 52 or, if fewer than 52 weeks, total hours worked divided by number of weeks worked.
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6.04 Seniority Not Retained or Accumulated
An employee will lose seniority and their employment deemed tenninated when:
(i) An employee resigns;
(ii) An employee overstays an approved leave of absence or annual vacation for more than three days and fails to provide a reason satisfactory to the Employer;
(iii) An employee is discharged and not re-instated by grievance or arbitration;
(iv) When absent from work for a period of 30 continuous months due to illness or injury, subject to the Ontario Human Rights Code;
(v) An employee fails to return to work within 7 days of receiving a re-call notice by registered mail to their last known address on record with the Employer;
(vi) An employee is laid off for a period exceeding 12 months;
(vii) Uses a leave of absence for a purpose other than for which it was granted;
ARTICLE 7 - JOB POSTINGS
7.01 (a) Pennanent internal vacancies (and temporary vacancies in the Supportive Living Unit of 3 months or more) will be posted on the job posting board and intranet for seven consecutive days and will close at midnight on the final day of the posting. The Employer will also endeavor to maintain the practice of communicating via internal ACOP voicemail when a posted vacancy arises.
(b) To be considered for a posted vacancy, applicants must submit their application in a manner determined by the Employer.
(c) Vacancies will be filled based on relevant skills, ability, qualifications, trammg, experience, and client preferences. Where all such factors are considered to be relatively equal, seniority shall be the deciding factor.
(d) Job postings will include the qualifications, classification, rate of pay, job requirements and geographic area as determined by the Employer with the understanding that this may change.
(e) The successful candidate's name will be posted for seven consecutive days. Employees who post into pennanent positions need not be considered for other
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pennanent positions for a period of twelve (12) months. However, they will be considered for postings for permanent positions that involve a promotion from parttime to full-time status or increase in total part-time hours in a pay period.
(f) An employee who successfully applies for a position must assume all of the hours required in the posted position and relinquish the hours in their previous position (unless otherwise agreed between the employee, Employer and the Union).
7.02 Trial Period
(i) Successful internal bargaining unit applicants will have a trial period of up to 30 working days or 225 hours worked during which time the Employer will detennine ifthe employee can perfonn the job satisfactorily.
(ii) The employee may elect to return to her/his former position or the Employer may return the employee to her/his previous position before the trial period expires.
(iii) There will be no loss of service or seniority.
(iv) Vacancies created by the posting may be filled on a temporary basis using the availability list or call-in procedure.
7.03 Transfers and Pay
(i) An employee who posts into a higher-paying bargaining-unit classification will be paid no less that the equivalent of a one-step rate increase on the wage grid compared to her/his previous classification and rate of pay.
(ii) An employee who posts into a lower-paying bargaining-unit classification will be paid at the same pay step as her/his previous classification.
7.04 Transfer to Non- Union Position
Employees may hold non- union positions for up to 12 (twelve) months; however,
(i) their seniority will be frozen and they will not accumulate seniority for this period;
(ii) he/she may elect to return to his/her former position in the bargaining unit;
(iii) the Employer may elect to return the employee to his/her former position in the bargaining unit;
(iv) when the twelve-month period expires and the employee has not returned to the bargaining unit, the employee will lose all seniority.
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ARTICLE 8 - LAY-OFF AND RECALL
8.01 Long-term Lay-off
(a) Both parties recognize that job security should increase in proportion to length of service. In the event of a long-term (3 months or longer) lay-off, employees will be laid off in the reverse order of their seniority within their classification provided those that remain have relevant skills, ability, qualifications, training, experience to meet the client care needs and preferences.
(b) The Employer agrees to provide the Union and all affected employees with a minimum of eighty (80) calendar days' advance notice of any long-term lay-off. The employer will meet with the Union to discuss alternate methods of lay-off and to review the following; I) the reasons causing the lay-off; 2) the service which the Employer will undertake after the lay-off; 3) method of implementation including the areas of cutback, and the
Employees to be laid off; and 4) any other alternatives
The notice period may be shortened with the Agreement of the Employee, the Union, and the Employer when the Employer has vacant positions to offer employees who are under notice of layoff.
( c) An employee in receipt of a notice of long-term layoff pursuant to Article 8.1 may:
(i) Accept the layoff; or (ii) opt to retire; or (iii) displace the least senior employee in the same classification, the same
employment status (full-time to full-time or part-time to part-time), provided she/he has the relevant skills, ability, qualifications, training, experience to meet the client care needs and preferences.
(iv) Should a full-time employee not be able to displace a more junior full-time employee, the employee will be permitted to displace a less senior parttime employee in the same classification provided she/he has the relevant skills, ability, qualifications, training, experience to meet the client care needs and preferences.
( d) Employees will notify the Employer of their preferred option within 7 calendar days of receiving a notice of lay-off.
(e) A layoff includes a reduction in regularly scheduled hours for full-time employees but not a reduction in hours for part-time employees.
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8.02 Recall
The Employer and the Union agree to work jointly to minimize any adverse affects of a long-term lay-off of employees. The method of filling vacant positions will be determined jointly by the Employer and the Union as per the provisions of this Agreement.
(i) Employees who are laid off will have the right to be re-called in order of seniority for a period of one year from the date of layoff. No laid off employee will be recalled until the Employer has first completed the job posting process and no successful applicant with more seniority has been appointed.
(ii) No new employees will be hired until the recall provisions of this Agreement have been exhausted.
(iii) Vacant positions will be offered to qualified employees under the 80-day notice of layoff or on lay off.
(iv) If an employee accepts the offer of a position of the same employment status the right to recall will end.
(v) If an employee accepts the offer of a position of a lesser employment status then the right to recall will continue for the balance of the one-year period.
ARTICLE 9 - HOURS OF WORK
9.01 It is agreed and understood that the Employer is a continuous, 24 hours a day, 7 days a week operation and that services must be maintained. However, there shall be no guarantee of hours of work for any employees.
9.02 The hours of work for employees shall be scheduled by the Employer having regard to the requirements of clients.
9.03 Shift schedules will be established by the Employer consistent with an efficient operation and highest standard of service. Schedules may vary depending on situations which exist throughout the Employer's operation.
9 .04 A full-time and part-time employee may work up to 44 hours per week.
9.05 Employees employed at the Supportive Living Unit shall be allowed up to one-half hour paid lunch each shift of five (5) hours or more, subject to client needs and whenever bookings and workload allow. Employees employed in the Outreach program shall be allowed up to one-half hour unpaid lunch each shift of five (5) hours or more, subject to client needs and whenever bookings and workflow allow and must be taken off client premises.
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9.06 Every year in December, in an effort to compensate employees who travel the parties have agreed to the following, employees that travel in excess of 5000 km per year will receive a lump sum payment of $600. Employees traveling 5000 or less km per year will receive a lump sum payment of $350.
ARTICLE 10 - WORK SCHEDULES
10.01 Work assignments shall be made based on geographical location and the skills, qualifications, ability, availability of employees and client preference. Where these factors are relatively equal, seniority shall govern.
10.02 The following factors shall be considered in the scheduling of employees:
a) client preference; b) Service Plan requirements of the client; c) the skills and ability required to meet the client's needs; d) the employee's availability to fulfill the assignment according to the Service Plan
requirements;
Employees who have lost hours involuntarily will have those hours reassigned to the maximum hours lost only before seniority is considered.
10.03 The schedule of hours and days of work for each employee will be sent to each employee electronically covering at least a four (4) week schedule two (2) weeks in advance. The schedule may be changed by the Employer at its discretion in the interests of client preferences and efficiency.
10.04 Under no circumstances will employees be permitted to unilaterally change their work schedules. Employees may be permitted to exchange shifts during the same pay period among themselves, but only after requesting such change in writing and obtaining approval from the Employer in advance. No premium payment will result from the requested exchange. Shift giveaways will not be permitted.
10.05 The Employer may unilaterally make changes to the employee's scheduled shifts that is consistent with the employee's availability provided to the Employer. If the Employer makes a change in the employee's scheduled shift with less than 48 hours prior to the start of the shift, the Employer is required to notify the employee directly and by ACOP voicemail of the change.
10.06 It is the employee's responsibility to check their ACOP voicemail at least one {l) hour before the start of their first shift of the day and at 2-hour intervals after the commencement of their first shift in order to receive information from the Employer including but not limited to changes to their work schedule and client-related information (e.g. client condition, client address).
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10.07
10.08
10.09
10.10
In the event that an employee's shift is cancelled with less than four (4) hours' notice to the employee directly and through ACOP voicemail, the Employer will attempt to provide another assignment to the employee or training during\ the time period of the scheduled shift if possible. If the employee declines the work o~ training, the employee will not be paid. If the Employer is unable to replace the cancJlled hours or unable to provide training, the employee will be paid for the cancelled hour~ .
I An employee shall be guaranteed a minimum of one ( l) hour of work on each scheduled work day or call-in shift, or pay in lieu, providing the employee reports to work as scheduled without having been notified not to report. I It is understood that the Employer is not required to offer shifts. to employees that will result in overtime premium payment.
Employees are obligated to work prescheduled shifts. In addition! employees who accept a call-in shift must report for those shifts unless alternate arrangJments have been made with the approval of the Employer.
Minimum Commitment to be Available
10.11 A full-time employee will work their scheduled shifts without consideration as to their availability subject to the leave of absence provisions providdd under the collective agreement.
10.12 A part-time employee will provide a commitment to be available as provided in this Agreement but it is understood that such does not amount to a! guarantee of hours of ~~ l
I 10.13 A part-time employee's commitment to be available for scheduled shifts will be as
follows:
a)
b)
the Employer will distribute Availability Forms to all Employees. Employees will submit an Availability Form. Employees will be rkquired to accept all assignments within their stated availability unless an apprbved absence has been granted. Employees with six (6) weeks' notice, mayj request a change in availability by submitting a new availability form. Employees may only submit up to three (3) availability forms per year. I must be available for at least ten (10) days (including a weekend which is defined as a consecutive Saturday and Sunday) in a two week pa~ period unless written request is approved for a specific leave of absence. A •ilday" of availability is defined as:
i) I
Outreach Program: a minimum of six (6~ hours between 0600 hours and midnight of which four (4) hours will be consecutive
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ii) Supportive Living Unit: a minimum of eight (8) consecutive hours between 0001 hours and 2400 hours
c) availability under (b) above must include days and evenings (and nights for the Supportive Living Unit) unless otherwise agreed by the Employer;
d) must be available to work either December 24th, 25th and 26th or December 31st and January 1st. An employee may work both if he/she requests.
e) by no later than February 1 of each year, part-time employees will declare in writing, their availability for work in accordance with 1O.l3(a). Any requested changes to an employee's availability must maintain their minimum commitment to be available as noted above. The Supervisor will consider the request at their sole discretion.
Availability for Additional Shifts (applicable to part-time employees unless otherwise specified)
10.14 The following applies to shifts that become available after the schedule is posted (i.e. call in hours):
a) Before distributing call-in hours to part-time employees, full-time employees who have not been scheduled up to their full-time commitment (40 hours/week or 37.5 hours/week as applicable), will be given additional hours (up to their full-time commitment) that become available after the schedule is posted, subject to Article 10.11, and provided the employee is listed on the client schedule as being trained with regard to the particular client being serviced in accordance with client preference.
b) When distributing call-in hours to part-time employees, the employee will provide the Employer a maximum of two (2) phone numbers. The Employer will make one (1) attempt to call the employee at each number. If the employee cannot be reached, then the next employee on the call-in list will be contacted. The call-in list will be composed of employees who are listed on the client schedule as being trained with regard to the particular client being serviced and in accordance with client preference and seniority.
c) The employee will be deemed to have waived any entitlement to the call-in shift for the following reasons:
• Unable to accept the shift
• Cannot be reached • Returns the Employer call and the shift has already been filled
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d) Should the employee not work six (6) call-ins or fail to return six (6) calls in a quarter (commencing January 1) in accordance with their stated availability, the employee's employment may be deemed terminated at the discretion of the Employer. All unreturned calls will be considered non-acceptance of an available shift.
e) Should the Employer still have available hours, the Employer will offer these hours to
full-time employees up to a maximum of 44 hours per week.
f) Should the Employer not be able to meet their staffing requirements due to a situation of insufficient part-time staff being available for work on a particular day, the Employer may assign the least senior, trained part-time employee in the client specific directed care to work without regard to their availability as outlined above or, at the discretion of the Employer, assign a Team Leader to perform the assignment.
g) The Employer will endeavor to schedule by 3 pm for the next scheduled day.
10.15 Where a full-time or part-time employee has demonstrated to the satisfaction of the Employer that she/he experienced a missed shift during the application of the scheduling or call-in process, the Employer will provide the affected employee with a supernumerary shift taking into account geographical location, skills, qualifications, ability, availability of the employee and client preference.
10.16 Full-time and part-time employees who are provided with cellular phones by the Employer will ensure that the phones are fully charged and on their person during the course of the work day. When called by the Employer, the employee will respond to the call without unreasonable delay.
10.17 Full-time and part-time employees will receive alternating weekends off (a weekend is defined as 48 hours off anytime between 1500 hours Friday to 0800 hours Monday) except as otherwise agreed between the employee and the Employer.
ARTICLE 11 - OVERTIME, PREMIUM PAY, ALLOWANCES
11.01 Authorized overtime will be paid at the rate of 1.5 times the regular rate of pay, which does not include a shift premium. Employees will receive overtime pay after working 10 hours in one day or working 44 hours in one week.
Total hours worked by employees who obtain additional shifts cannot exceed the limits prescribed by the Employment Standards Act.
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ARTICLE 12 · PAID HOLIDAYS
12.01 The following are paid holidays for employees:
New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day
Civic Holiday Labour Day Thanksgiving Remembrance Day Christmas Day Boxing Day
12.02 To quaJify for holiday pay employees must work their regularly scheduled shifts immediately before and after the holiday. The sole exception will be when employees are absent from those shifts because of illness and provide the Employer with a medical certificate acceptable to the Employer.
12.03 Employees on leave of absence will not receive holiday pay.
12.04 Full-time employees on vacation or a regular day off when a holiday occurs will receive a paid lieu day at straight time provided they worked their regularly scheduled shifts immediately before and after the holiday. The lieu day will be taken at a time mutually agreeable to the Employer and the employee. The Employer may assign the date for the lieu day after 90 days of the holiday if a mutually agreeable date cannot be agreed upon.
12.05 Employees absent for more than 30 days on workers' compensation will not receive hoJiday pay.
12.06 Employees receiving holiday pay will not also receive sick pay to which they might otherwise be entitled.
12.07 Full-time employees continuously absent because of accident or illness in the 30 calendar days prior to a holiday will qualify for holiday pay upon presentation of a medical certificate acceptable to the Employer.
12.08 Employees scheduled to work on a holiday who fail to do so are not entitled to holiday pay. The sole exceptions will be for full-time employees if the Employer permits the absence or if the absence is because of illness and a medical certificate acceptable to the Employer is presented.
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12.09 Holiday Pay
Employees who work on a designated holiday will receive pay at 1 .5 times their regular rate.
(i) Full-time employees - who work on a holiday will also receive a paid lieu day at straight-time rate if they also worked their regularly scheduled shifts immediately before and after the holiday. The sole exception will be when employees are absent from those shifts because of illness and provide the Employer with a medical certificate acceptable to the Employer. The lieu day will be taken within ninety (90) days of the holiday or at a time mutually agreeable to the Employer and the employee. The Employer may assign the date for the lieu day after ninety (90) days of the holiday if a mutually agreeable date cannot be agreed upon.
(ii) Part-time employees - will receive holiday pay based on the prov1s1ons of the Employment Standards Act applicable to the twelve (12) paid holidays listed above.
(iii)Each January the Employer will post in every department a list of designated holidays and a date by which each should be taken.
ARTICLE 13 - VACATION
13.01 Full-time
Full-time employees will receive vacation pay at their straight-time rate based on continuous service as of April 30 each year.
The following schedule will apply to full-time employees:
Employees with less than 12 months' service as of April 30 in any year: Number of full months worked before April 30 x l 0 divided by 12 months.
Employees with one year continuous full-time service -- two weeks
Employees with three years' continuous full-time service -- three weeks
Employees with eight years' continuous full-time service -- four weeks
Employees with 15 years' continuous full-time service -- five weeks
Employees with 25 years1 continuous full-time service -- six weeks
13.02 Part-time Employees
Part-time employees will receive vacation pay based on: Less than 3 years of service will receive 4% of gross earnings. Three years or more will receive 6% of gross earnings.
Part-time and casual employees be eligible to draw on available vacation pay accrued throughout the fiscal year upon request. Once a year no later than the month of May, outstanding balance in vacation bank to be paid out. Payment will be made by separate
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direct deposit.
13.03 Calculation of Vacation Entitlement
Where an employee's status is changed from part-time to full-time status, his/her vacation pay entitlement as of April 30 in the year will be calculated as follows:
Nwnber of full months worked as full-time employee since transfer
Vacation entitlement in accordance with x with Art. 13 of the Agreement
The employee may, if he/she chooses, take the full-time vacation entitlement off. However, the amount of pay that the employee receives during the time off is calculated in accordance with the formula provided above.
13.04 Vacation Pay on Termination or Resignation
{i) Full-time employees who are terminated will receive vacation pay earned but not taken as apart of their termination pay.
{ii) Employees who resign their employment without giving two weeks' advance notice
to the Employer will receive vacation pay as per the provisions of the Employment Standards Act.
13.05 Vacation Period
Vacation shall, subject to the efficient operation of the Employer, or unless otherwise mutually agreed upon, be scheduled between January glh and December 14th of each year.
13.06 Vacation Scheduling
The Employer will endeavor to accommodate vacation requests; consideration will be given to the operational needs of ACOP. All vacation requests must be submitted to the Supervisor, or designate. The fiscal year is between April 1 and March 31 .
Non-Summer
1. Vacations cannot be taken between Decem her 15 and January 7.
2. Vacation requests submitted before March I for the fiscal year will be considered on the basis of seniority, subject to operational and client care needs.
3. Vacation requests submitted after March 1 for the fiscal year will be considered on a first-come basis subject to operational and client care needs, not on the basis of seniority.
Summer
1. The requirements noted above will apply to swnmer vacations requests.
2. No more than two weeks will be granted between June 1 and August 31 and must be taken in one week blocks (Monday to Sunday).
3. The approved summer vacation schedule for requests submitted before March I will be posted by April 15.
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13.07 Vacation Carry-over
Employees who for reasons satisfactory to their Director have been unable to take all of their vacation entitlement within the vacation year shall be allowed to carry over a maximum of five (5) accumulated vacation days to March 31 of the succeeding year and shall be taken at a time mutually agreed upon by the Director and employee. The Director at their discretion may permit carryover of more than five (5) vacation days under exceptional circumstances.
Where the employee and the Director are unable to mutually agree upon the scheduling, the Director will provide a minimum of 2-weeks notification and assign such vacation time off. There shall be no cash payment in lieu of annual vacation.
13.08 Interrupted Scheduled Vacation
(i) Employees whose scheduled vacation is interrupted because of illness that began beforehand and continued into the vacation will be considered on sick leave upon presentation of a medical certificate acceptable to the Employer.
(ii) Employees whose scheduled vacation is interrupted because of hospitalization will be considered on sick leave for the period of hospitalization upon presentation of a medical certificate acceptable to the Employer.
(iii) When the Employer deems that all or a portion of an employee's vacation is sick leave, all or a portion of the vacation will be re-scheduled by mutual consent. The re- scheduling cannot interfere with the existing vacation schedule.
(iv) Where an employee's scheduled vacation is interrupted due to a bereavement, the
employee shall be entitled to bereavement leave and all or a portion of the vacation will be re-scheduled by mutual consent. The re-scheduling will be in accordance with the operational needs of the program.
ARTICLE 14 - LEAVES OF ABSENCE
14.01 Employees on indefinite or extended leave must provide the Employer with two (2) weeks' notice of their return date.
14.02 Unpaid Leave
The Employer may, at its discretion, grant leaves of absence without pay and without loss of seniority to an employee for personal reasons. All requests for such leaves of absence and permission will be in writing.
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14.03 Union Business Leave
(i) Leaves of absence without pay and without loss of seniority may be granted subject to staffing requirements of the Employer, upon written request to the Employer from employees who are selected or appointed to represent the Union for Union business.
(ii) Subject to 15.2(i), a maximum of three (3) employees, excluding any employee who is an executive member of the National Board of LiUNA Local 3000, will be granted leave for any Union Education or Union Business.
(iii) Employees on Union leave will continue to be paid by the Employer for scheduled shifts excluding shift premiums. LiUNA Local 3000 will reimburse the Employer for such payments.
14.04 Maternity Leave
Such leaves will be granted as required by law.
An employee will give the Employer one month written notice of the anticipated commencement of the leave and attach a doctor's certificate indicating the expected delivery date. The employee will give the Employer written confinnation of their approved return date at least two weeks in advance.
The Employer will maintain a Supplemental Unemployment Benefit (SUB) plan for employees receiving federal employment insurance benefits while on leave. The SUB plan will pay the employee the difference between 84% of their normal weekly earnings from the Employer and the amount of employment insurance benefit plus any other earnings.
The SUB payment will not exceed 15 weeks. The employee will provide the Employer with proof that she is in receipt of employment insurance benefits.
Nonnal weekly earnings will be calculated as follows:
--·-- ---
Regular hourly rate on last day worked before leave Multiplied by:
Normal weekly hours Plus:
Any wage increase or salary increments she would have received if not on leave
---- ------- - - - -··--·--·· ---· -·-·-· ·· ___ l
The employee will be re-instated to their fonner duties at the same rate of pay and fonner clients, if possible, upon return from leave, allowing for any change in status that would have occurred had the employee not been on leave.
For purpose of seniority calculation, see Article 6.1 -Seniority Retained and accumulated.
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14.05 Parental Leave
Such leaves will be granted as required by law. A parent is defined as the natural or adoptive parent of a child.
An employee who is adopting a child will give the Employer one-month written notice of the anticipated commencement of the leave, when possible.
Leave for an adoptive parent may be extended for a maximum of six months if required by the adoption agency.
Credit for service and seniority will accumulate for the duration of the parental leave to the maximum number of weeks allowed under the Employment Standards Act. The employer will maintain its usual contributions for pension and health benefits provided the employee elects to continue her/his contributions for that period.
The employee will be re-instated to their former duties at the same rate of pay and former clients, if possible, upon return from leave, allowing for any change in status that would have occurred had the employee not been on leave.
For purpose of seniority calculation, see Article 6.1 -- Seniority Retained and Accumulated.
14.06 Bereavement Leave
Immediate Family Members:
(i) Employees will have a maximum of five paid bereavement days in the event of the death of a parent, step-parent, spouse, common-law spouse, same sex partner, son or daughter.
(ii) Employees will have a maximum of three paid bereavement days in the event of the death of a brother, sister, step-siblings, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandchild or a relative residing pennanently with the employee.
(iii) Paid bereavement days are limited to days the employee was scheduled to work. Pay will be straight-time rate and exclude shift and other premiums.
(iv) One of the paid bereavement days in (i) or (ii) may be reserved for the purpose of attending a funeral or memorial service that occurs at a later date. The remaining paid bereavement days in (i) or (ii) must be taken within seven (7) calendar days of the death of the immediate family member.
(v) Employees notified while on duty of the death of an immediate family member may leave work and will be paid for the full scheduled shift.
Aunts, Uncles. nephews. nieces
(vi) Employees are entitled to one paid bereavement day for the purpose of
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attending the funeral or memorial of an aunt, uncle, nephew or niece. The paid bereavement day is limited to a day on which the employee was scheduled to work.
(vii) Employees may have time off without pay to attend the funeral or memorial service of other relatives or non-relatives.
(viii) Employees may request additional paid or unpaid leave in all of the bereavement situations described above.
14.07 Jury Duty
Employees will be paid when absent from scheduled shifts for the following reasons: - Required to serve as a juror - Subpoenaed as a witness in a court oflaw or coroner's inquest - Required as a witness in proceedings involving the Crown
Employees will provide the Employer with proof of service and immediate notification of the date on which they must be absent. Employees will reimburse the Employer for any amounts they are paid for such duties, not including payments for travel, meals and mileage.
14.08 Sick Leave
(i) Full-time employees accumulate sick leave at the rate of one day per month after the completion of probation.
(ii) Employees who become ill or are injured while off duty will notify their immediate supervisor by noon the day prior of their return to their next scheduled shift. If no notice is given, employees will be expected to report for work for their next scheduled shift.
(iii) The employer may request a medical certificate at the Employers' cost up to $25 annually when an employee is absent for more than three consecutive days. The employer may request a certificate for less than three days if there is some questions as to the validity of the absence(s). Such medical certificates may include an FAF required by the Employer. If the immediate supervisor requests a medical certificate, it will be given to the Occupational Health Nurse or designate. Such employees must contact the Occupational Health Nurse or designate prior to returning to work. (iv) Employees under a physician's care for treatment of substance addiction will
be considered on sick leave when absent to attend a treatment program. The employee will provide the employer with a certificate of attendance for each such absence.
(v) Employees who become ill or are injured during work hours will notify the immediate supervisor before leaving.
14.09 Payout of Accumulated Sick Credits
(i) Full-time employees with more than 10 years' service who provide the Employer with two weeks' written notice of their resignation wiIJ receive fifty percent (50%) of their accumulated sick credits in cash to a maximum of 45 days.
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ARTICLE 15 - BENEFITS
15.01 Eligibility
Permanent full-time and part-time employees are eligible for the Employer's benefits plan if they regularly work 30 scheduled hours in a two-week pay period.
Enrolment in the following plans is mandatory for eligible employees: Pension, Group Life Insurance, Accidental Death and Dismemberment, Long-Term Disability.
Enrolment in the Extended Health and Dental plans may be waived upon presentation of proof of coverage elsewhere.
The waiting period for enrolment in the Extended Health and Dental plans is three months from the date of eligibility; the waiting period for enrolment in the Pension, Group Life Insurance, Accidental Death and Dismemberment and Long-Term Disability plans is six months from the date of eligibility.
The Employer assumes no liability if an enrolled employee's self-scheduled hours fall below the 30 hours in a two-week pay period that are required to maintain eligibility in the plans. The Employer assumes no liability if eligible employees fail, after notification of eligibility, to make an appointment with the Human Resources department to be enrolled in the benefits plans.
15.02 Premiums for Benefits
(i) The Employer will pay I 00% of the monthly premium for the Group Life Insurance and Accidental Death and Dismemberment plans.
(ii) The Employer will pay 75% of the monthly premium for the Extended Health, Dental and Long Term Disability plans; employees will pay 25% of the monthly premium for those plans.
Extended Health Plan Particulars
Annual deductible for employees of $25.00 for single coverage and $50.00 for family coverage Coverage for private and semi-private accommodation in hospital Vision-care coverage of $175.00 for regular eyeglasses and $200.00 for bifocal and trifocal eyeglasses every 24 months for each individual covered under the plan. The Employer will pay up to $90.00 to cover eye exams for each employee every 24 months Hearing-care coverage with a maximum coverage of $400.00 every 24 months for hearing aids. Orthotic footwear coverage of $300.00 per year.
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Dental Plan Particulars
Based on current Ontario Dental Association rates. Provides for re-call visits every nine months.
15.03 Continuation of Benefits
1) Employees may arrange for the continuation of benefits in the circumstances described below. To do so, Employees must complete a leave authorization form, have it signed by their Supervisor, and bring it to the Human Resources department for processing in advance of being on leave.
2) Employees on approved leaves of absence related to maternity, paternity, WSIB, approved medical leave and long-term disability may elect to maintain their benefits coverage provided that they maintain their 25% share of the premium costs for the duration of the leave. Payment can be made in full in advance or in monthly installments with Electronic Funds Withdrawal (EFW). Cheques must be made payable to Providence Care Centre, care of the payroll department.
The maximum period for the continuation of benefits for maternity and paternity leaves will not exceed 18 months from the date of the start of the leave.
The maximum period for the continuation of benefits for leaves related to WSIB or long-term disability will not exceed 30 months from the date of the start of the leave, except as described in section 4 below.
3) Employees on all other approved leaves of absence may elect to maintain their benefits coverage provided that they maintain the Employee's and the Employer's share of the premium costs. The maximum period for continuation of benefits will not exceed 12 months from the date of the start of the leave.
4) Employees whose employment is deemed terminated after a continuous absence of 30 months because of sickness or accident are eligible to maintain Extended Health and Dental benefits when:
(i) their employment status is full-time (ii) they have 20 years or more continuous service (iii) they are 50 years of age or more (iv) they were emolled in the plans prior to termination (v) they are in receipt of WSIB or LTD payments
Eligible employees must pay the Employee's and the Employer's share of premium costs.
Payment is to be made by monthly Electronic Funds Withdrawal (EFW).
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This entitlement will end when the Employee 1s no longer receiving disability benefits.
5) Employees who fail to maintain their monthly payments for a continuation of benefits will be sent a reminder notice by the Employer via registered mail or signature validation. The notice will indicate the date on which benefits will be suspended for non-payment if arrears payments are not made.
Re-instatement of benefits after the payment of arrears will be subject to any conditions imposed by the insurance carrier.
ARTICLE 16 - GRIEVANCE PROCEDURE
16.01 For the purposes of this Agreement, a grievance is defined as a difference ansmg between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
16.02 Mandatory Time Limits
The time limits set out in the Grievance Procedure herein are mandatory and failure to comply strictly with such time limits except by the written Agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48(16) of the Labor Relations Act.
16.03 Individual Grievance
It is 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 formal grievance until he has first given their immediate supervisor the opportunity of adjusting their complaint. Such complaint shall be discussed with their immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days following advice of their immediate supervisor's decision in the following manner and sequence:
Step No. 1
The employee may submit a written grievance signed by the employee to their immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor shall arrange a meeting for the purpose of discussing the formal grievance. The immediate supervisor will deliver their decision in writing within nine (9) calendar days following the day on which the grievance was presented. Failing settlement then:
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Step No. 2
Within (9) calendar days following the decision under Step No. l, the employee may submit the written grievance to their Director who will deliver their decision in writing within nine (9) calendar days from the date on which the written grievance was presented. The parties shall meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head is the same person. Failing settlement then:
Step No. 3
Within nine (9) calendar days following the decision in Step No. 2, the grievance may be submitted in writing to the senior manager or their designee. A meeting will then be held between the senior manager or their designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 3 unless extended by Agreement of the parties. It is understood and agreed that the Union or the senior manager or their designee may have such counsel and assistance as they may desire at such meeting. The decision of the Employer shall be delivered in writing within nine (9) calendar days following the date of such meeting. If the grievance is denied, reason for denial will be stated in writing.
16.04 Group Grievance
Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving to the Director or their designee within 9 (nine) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
16.05 Policy Grievance
A complaint or grievance ar1smg directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within 9 (nine) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could themselves institute and the regular grievance procedure shall not be thereby by-passed.
16.06 Probationary Employee
The release of a probationary employee shall not be subject to the grievance procedure unless the probationary employee is released for reasons which are arbitrary,
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discriminatory or in bad faith. A claim by an employee who has completed their probationary period that has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. 3 within nine (9) calendar days after the date the discharge or suspension is affected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
a) confirming the Employer' s action in dismissing the employee, or b) reinstating the employee with or without loss of seniority and with or without full
compensation for the time lost, or c) by any other arrangement which may be deemed just and equitable.
The Employer agrees to provide written reasons within a reasonable time to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed their probationary period, without just cause.
Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitral, such grievance may be submitted to arbitration as hereinafter provided.
16.07 Grievance Agreement Binding
All Agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and the Union and the employees.
16.08 Grievance Deemed Abandoned
Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitral, such grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned.
ARTICLE 17 - ARBITRATION PROCEDURE
17.01 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
17.02 When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party of this Agreement, and at the same time name a nominee.
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17 .03 Within nine (9) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labor for the Province of Ontario shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure.
17.04 The two nominees shall attempt to select by Agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labor for the Province of Ontario to appoint a chairman.
17.05 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add or amend any part of this Agreement.
17.06 Mandatory Time Limits
The time limits set out in the Arbitration Procedure herein are mandatory and failure to comply strictly with such time limits except by the written Agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48(16) of the Labor Relations Act.
17.07 Arbitration Decision Binding
The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.
17.08 Parties Share Cost
Each of the Parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board.
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ARTICLE 18 - MISCELLANEOUS
18.01 Employee Contact Information
It shall be the employee's responsibility to keep the Employer informed of the employee's current address and telephone number. If any employee fails to do so, the Employer will not be responsible for a failure to contact the employee. An employee shall notify the Employer without delay of any change in address or telephone number.
ARTICLE 19 - JOINT HEALTH & SAFETY COMMITTEE
19.01 A bargaining unit member shall be appointed to the Joint Health and Safety Committee as mandated under the Health and Safety Act. Terms of Reference and operating guidelines for the Committee shall be in accordance with the requirements of the Act.
The bargaining unit member shall be entitled to be paid in accordance with the Occupational Health and Safety Act, as it may be amended from time to time. The Union agrees to use its best efforts to obtain the full cooperation of members of the bargaining unit in the observation of all Safety Rules and Practices.
ARTICLE 20 -TRANSPORTATION ALLOWANCE
20.01 Employees who are required to use their own vehicles for business transportation will receive the $0.44 per business kilometer and subject to the requirements provided in the ACOP Policy & Procedure X-A-150.
20.02 Attendants working split shifts will be reimbursed for kilometers traveled from home to the next client provided the break is two hours or greater.
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SCHEDULE A - WAGES
April 1, 2018 - 1.25% wage increase
April 1, 2019 - 1.25% wage increase
April 1, 2020 - 1.25% wage increase
c w urrent age: Start Step 2
after 862.5 hrs Attendant $19.30 $19.52
Effi . A ·1 1 2018 ect1ve .pn '
Start Step2 after 862.5 hrs
Attendant $19.54 $19.76
Effi . A ·11 2019 ecttve .pn '
Start Step 2 after 862.5 hrs
Attendant $19.78 $20.01
Eff1 . A ·11 2020 ective ,pn '
Start Step2 after 862.5 hrs
Attendant $20.03 $20.26
Step 3 after 1725 hrs
$19.74
Step 3 after 1 725 hrs
$19.99
Step 3 after 1725 hrs
$20.24
Step 3 after 1725 hrs
$20.49
SIGNED AT KINGSTON, ONTARIO THIS I 1-fb DAY OF ~
FOR :l?PLOYER
;;;;>
~
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' 2011..
