collective agreement between ontario public … agreement between ontario public service employees...

Collective Agreement

between

Ontario Public Service Employees Union on behalf of its Local 441

and

Leeds & Grenville Rehabilitation & Counselling Services

Full-Time/Part-Time

DURATION: April1, 2007- March 31, 2010

~1\ OPSEU WUsEFPO

Uncontrolled copy of 4-441-271-20100331-18

Sector 18 4-441-271-20100331-18

ARTICLE

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INDEX

PAGE

PURPOSE....................................................... 1

UNION RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

DUES DEDUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

UNION RIGHTS AND ACTIVITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

NO S1RIKES OR LOCK-OUTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

GRIEV AN"CE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

ARBITRATION.................................................. 9

PERSONNEL FILES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PROBATIONARY EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

JOB VACAN"CIES................................................ 14

LAYOFF AND RECALL........................................... 16

GENERAL LEAVES OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

BEREAVEMENT LEA VB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

JURY DUTY AND COURT ATTENDAN"CE. . . . . . . . . . . . . . . . . . . . . . . . . . 20

UNION LEA VB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

PREGNAN"CY/P ARENT AU ADOPTION LEA VB . . . . . . . . . . . . . . . . . . . . . 21

PRE-PAID LEAVE........................................... 21

PROFESSIONAL DEVELOPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

SICK LEA VB .................................................... · 25

HOURS OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

OVERTIM:E...................................................... 27

STATUTORY HOLIDAYS......................................... 28

VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

PENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

·sALARIES . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

HEALTH & SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

NO CONTRACTING OUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

GENERAL....................................................... 35

Uncontrolled copy of 4-441-271-20100331~18

ARTICLE

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PAGE

DURATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

.SCHEDULE "A" - SALARY SCALE:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

LEITER OF UNDERSTANDlNG- Parity Adjustment. . . . . . . . . . . . . . . . . . 40

LEITER OF UNDERSTANDJNG- Davison Avenue- Evening Shift . . . . . 41

LEITER OF UNDERSTANDJNG- Pension Plan Participation. . . . . . . . . . . 42

LEITER OF UNDERSTANDJNG- Davison Avenue. . . . . . . . . . . . . . . . . . . 43

LEITER OF UNDERSTANDJNG- Davison Avenue- Night Awake Position .. 44

LETfER OF AGREEMENT- Article 23 -Hours of Work. . . . . . . . . . . . . . . 45


ARTICLE 1 - Purpose

COLLECTIVE AGREEMENT

Between

Leeds & Grenville Rehabilitation and Counselling Services

(hereinafter called the "Employer")

And

Ontario Public Service Employees Union And its Local 441

(hereinafter called the "Union")

1.01 It is the desire of the Union and the Employer to provide efficient and economical

administration and services, both parties agree that for such purposes it is essential to

maintain harmonious relations between the Employer and to promote the morale, well-.

being and security of all employees represented by the Union; to provide procedures

for dealing with grievances; to promote cooperation, joint discussions and negotiations

in all matters pertaining to wages, hours of work and working conditions.

ARTICLE 2 - Union Recognition

2.01 The Employer recognizes the Union as the exclusive bargaining agent for all

employees of Leeds & Grenville Rehabilitation & Counselling Services save and

except student and vocational placement workers, Administrative Assistant, Personnel,

Accountant, Managers and those above the rank of Manager.

2.02 Regular Full-time Employee: is an employee hired by the employer in a continuing

position and who is regularly scheduled to work thirty-five or thirty-seven and one

half(35 or 37.5) hours in a one (1) week period, as appropriate.

2.03 Regular Part-time Employee: is an employee hired by the employer and who 1s

regularly scheduled to work less than thirty-five (35) hours in a one (1) week period

and does not include evening, night and weekend casual staff or those individuals

working on a contract basis.


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2.04 Casual Employee: is an employee hired by the Employer who is not a regular full

time, regular part-time, contract or temporary employee.

2.05 Contract Employee: is an employee hired to work on a full-time or part-time basis for

a specific period and/or a special project not to exceed fourteen (14) months, or for the

duration of replacement for LTD. However, by mutual agreement such period may be

extended beyond fourteen (14) months.

2.06 Temporary Employee: is an employee hired by the employer for a period of up to sixty

calendar (60) days to meet temporary work load requirements which cannot be

satisfied by regular hours of work and normal overtime.

2.07 Temporary and contract employees shall be terminated from employment with the

Employer when the term, task, or special project for which they were hired has been

completed unl~ess the period has been extended by mutual agreement of the Employer

and the Union. Such agreement shall not be unreasonably withheld by either party.

2.08 Regular full and part-time employees on a temporary assignment or in a contract

position will return to their original position prior to the reassignment/contract at the

conclusion of the reassignment/ contract.

2.09 Protected Employee: is an employee hired to fill a specific position within specific

funding requirements and guidelines. Protected employees shall enjoy the full

entitlements of the Collective Agreement with the exception of Article 14 (Layoff), for

a period of three years at which time their status changes from protected to regular

full-time/part-time.

2.10 Probationary Employee: An employee who has not completed the probationary period

in accordance with Article 12.

2.11 Notwithstanding any other provision of this collective agreement, part-time, casual,

contract and/or temporary employees shall enjoy only the benefits specifically

identified for these classes of employees.


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ARTICLE 3 - Management Rights

3.01 The union recognizes and acknowledges that, in the interest of efficient operation and

highest standard of service, it is the exclusive function of the Employer to supervise,

direct and manage the Employer's operations and without limiting the generality of the

foregoing, such functions include:

a) determine the nature and kind of business conducted by the employer, the kinds and locations of operations, equipment and materials to be used, the methods and techniques of work, the number and types of employees to be employed, job ratings and classifications, hours of work and work schedules and the extension, limitation, curtailment or cessation or any part thereof;

b) select, hire, assign, transfer, direct, promote, demote, classify, lay-off and recall employees;

c) maintain order, discipline and efficiency and in connection therewith to make, enforce and alter from time to time rules and regulations, policies procedures and practices to be observed by employees, suspend, discharge or otherwise discipline employees;

d) exercise any of the rights~ powers, functions or authority which the employer had prior to the signing of this agreement except as those rights, powers, functions or authorities are specifically modified by this agreement.

e) Have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment.

3 .02 The employer agrees that it will not exercise its functions in a manner inconsistent with this agreement.

ARTICLE 4- No Discrimination

4.01 The union and the employer agree that there will be no discrimination, interference,

restraint, or coercion, exercised or practiced by either of them or their

representatives upon any employee because of participation or non participation in

the union.

4.02 The employer, employees and the union agree to conduct their affairs in accordance

with the provisions of the Human Rights Code.


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4.03 The union further agrees that there shall be no solicitation of members, collection

of dues or other union activity on the premises of the employer except as permitted

·by this Agreement, or specifically authorized in writing by the employer.

ARTICLE 5 - Dues Deduction

5.01 The employer shall deduct union dues from the wages of all employees covered by

this Agreement.

5.02 The employer shall forward such deduction to the union not later than the 15th day

of the month following the month in which the deduction was made, accompanied

by a list of the names of the employees from whose wages the deductions have been

made. The employer shall provide the union with a list of new employees and

employees who have terminated in the preceding month.

5.03 Dues deductions shall be in the amounts as shall, from time to time, be prescribed

by the Secretary/Treasurer of the union by letter to the employer.

5.04 The employer agrees to report annual total union dues deducted on the employee's

T-4 slips.

5.05 Upon the mailing of the dues, the union agrees to save the employer harmless from

all and any claims and liability which may be made or arise as a result of such

deductions and payment.

ARTICLE 6 - Union Rights and Activities

6.01 Stewards The employer agrees to recognize not more than four(4) employees as stewards for

the purpose of representing employees. Stewards shall be elected by and from

amongst employees in the bargaining unit and, once elected, the union shall notify

the employer in writing of the name of the steward. In the event that a stewards

employment with the employer ends for whatever reason, that individual ceases to

be a steward.


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The steward in attendance during the grievance procedure and the grievor shall

receive their regular straight time pay for all regularly scheduled working hours lost

due to attendance at such grievance meetings with representatives of the employer.

6.02 Negotiating Committee The employer agrees to recognize a negotiating committee consisting of three (3)

employees from the bargaining unit, plus the union Staff Representative for the

purpose of amending or renewing the collective agreement. As soon as possible

prior to the commencement of negotiations, the union will give the employer

written notice of the name of such committee members.

Such committee members shall receive their straight time pay for all regularly

scheduled working hours lost due to attendance at negotiating meetings with the

Employer up to and including conciliation. Upon reference to arbitration, the

negotiating committee members shall receive unpaid time off with no loss of credits

or benefits for the purpose of attending ar~itrating hearings. The parties shall

endeavour when necessary to schedule meetings outside of regular working hours to

facilitate the attendance of a board member.

6.03 Labour/Management Committee a) It is the expressed intent of the parties that a Labour/Management Committee be

established to serve as a vehicle for ongoing communication between unionized staff and management.

b) Up to three (3) representatives of each party shall meet once every two (2) months or at the express request of either party.

c) Matters of general and mutual interest may be discussed, however, matters that are properly the subject of a grievance or negotiations for the amendment or renewal of this agreement shall not be discussed.

d) Each party shall notify the other of the proposed agenda items in writing one (1) week in advance of the meeting.

e) The three (3) committee members shall receive their straight· time pay for all regularly scheduled working hours lost due to attendance at Labour/Management Committee meetings with representatives of the employer that are scheduled during the employee's regularly scheduled working hours.


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6.04 The Union will notify the Employer within one (1) month of union representative

changes, including stewards, committee members and Staff representatives with

respect to the appointment/committees contained in this Article.

6.05 The union acknowledges and agrees that stewards and committee members as

referred in this Article have regular duties to perform in connection with their

employment. Employees shall notify the Chief Executive Officer before leaving

the workplace, indicate the approximate length of the absence and advise the Chief

Executive Officer upon their return with respect to meetings covered under the

scope of this Article.

6.06 The employer agrees that the four (4) stewards shall be granted up to two (2) hours

meeting time every three (3) months and the employee's schedule will be adjusted

accordingly.

6.07 In addition to the above, the employer shall also recognize a union Staff

Representative who may assist these employees in the discharge of their union

duties.

6.08 An employee shall have the right to request that a union representative be present at

any meeting which is held for disciplinary purposes. Such meeting will only be

convened when requested representation is available. The employer shall also have

the right to one additional representative at such meetings.

6.09 The parties shall share equally the costs of printing sufficient copies of this

agreement to provide one (1) to each member of the bargaining unit and

management.

6.10 The employer shall schedule each new employee for an orientation meeting with a

Union representative· and provide the employee with a copy of this agreement.

6.11 The employer will provide bulletin boards for the purpose of posting notices related

to job postings and union business.


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6.12 All correspondence between the parties, arising out of this Agreement or incidental

thereto shall pass to and from the Chief Executive Officer, or designate, and the

employee's Unit Steward or the Staff Representative of the union unless otherwise

provided herein.

ARTICLE 7 -No Strikes or Lockouts

7.01 In view of the orderly procedure established by this agreement for the settling of

disputes and the handling of grievances, as provided in the Ontario Labour

Relations Act,· as amended, the union agrees that, during the lifetime of this

agreement, there will be no strike, slowdown or stoppage of or interference with

work or service, either complete or partial, and the employer agrees that there will

be no lockout of employees.

ARTICLE 8 - Grievance Procedure

8.01 Any dispute involving the application, interpretation, administration, or alleged

violation of this agreement, including any question as to whether a matter is

arbitrable, may be made the subject of a grievance and an earnest effort shall be

made to settle such grievance as quickly as possible.

8.02 An employee who believes he/she has a complaint or a difference shall first discuss

the complaint or difference with his/her manager within ten (1 0) working days of

first becoming aware of the complaint or difference or ought reasonably to have

become aware of the circumstances giving rise thereto.

8.03 If any complaint or difference is not satisfactorily settled by the manager within ten

(1 0) working days of the discussion it may be processed within an additional ten

(1 0) working days in the following manner:

8.04 Step 1 The employee may file a grievance in writing with his/her Manager. The written

grievance, signed by the employee shall state the nature of the grievance, the Article

or Articles of the agreement alleged to have been violated and the redress sought.


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8.05 Within ten (1 0) working days of the receipt of the grievance, the Manager will

arrange a meeting with the grievor and his/her steward.

8.06 Step 2 If the employee is dissatisfied with the decision of his/her immediate manager, this

written grievance, signed by the employee, must be presented to the C.E.O., or

his/her designate, by the grievor within ten (1 0) working days from the date of

receipt of the immediate manager's reply in the first step of the grievance

procedure.

Within ten (10) working days of receipt of the grievance, the C.E.O., or his/her

designate, will arrange a meeting, if necessary, with the grievor and his/her steward

and the Union's Staff representative. Within ten (10) working days ofthis meeting,

the C.E.O., his/her designate, shall render a decision in writing.

8.07 Failing satisfactory settlement of the grievance at this stage, the grievance may be

submitted for mediation/ arbitration as per Article 9.

8.08 If the parties fail to reply to a grievance within the time limits set out at any stage in

the grievance procedure, the grievance may be submitted to the next stage of the

grievance procedure.

8.09 Notwithstanding s. 48(16) of the Ontario Labour Relations Act, as amended, the

time limits detailed in the grievance and arbitration procedures, unless extended by

mutual written agreement, are mandatory and must be strictly adhered to.

8.10 The employee, at his/her option, may be accompanied and represented by a union

representative at each stage of the grievance procedure. Management undertakes to

inform the employee at each stage of the right to have representation.

8.11 Any complaint, grievance as outlined in Article 8, which is not made known in

accordance with the terms of this Article or which is not processed through to the

next step of the grievance procedure or carried through to arbitration in accordance


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with this Article, shall be deemed to have been dropped by the party initiating the

grievance and, therefore, can no longer be processed through the grievance

procedure or carried through to arbitration.

8.12 Unjust Discharge/Suspension/Discipline Where an employee feels that he/she has been unjustly discharged, suspended or

disciplined, the employee may file a grievance at Stage One of the grievance

procedure within seven (7) working days of receiving his/her notice of discharge.

8.13 Union/Employer Policy Grievance A grievance of general application by the union or the employer affecting the

parties may be submitted at Step 1 of the grievance procedure. Such grievances

must be submitted within ten (1 0) working days after the incident giving rise to the

grievance.

Procedure for filing Employer Grievances A grievance by the Employer shall be given to the local President of the Union or

the unit steward in . writing, and shall commence at Step 2 of the grievance

procedure. If not settled at this Step, then the mater may be processed to

mediation/arbitration in the same manner as an employee grievance. Such

grievance must be submitted within fifteen (15) working days after the incident

giving rise to the grievance.

ARTICLE 9- Mediation and Arbitration 9.01 After the grievance procedure as set out in Article 8 has been exhausted, and before

an arbitrator or Arbitration Board is contacted under this Article, either party may

seek the services of a mediator to assist in resolving the parties differences. It is

agreed that the selection of a mediator will only be done on the written consent of

both parties. In the event that the use of a mediator is agreed upon, the referral of

the grievance in question shall be delayed until after the mediation meeting has

taken place and only if the mediation has failed to resolve the dispute. The parties

shall share equally in the expenses of the mediator.


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9.02 Should either party wish to refer a grievance to arbitration, written request for

arbitration shall be made by mail and/or fax to the other party within fourteen (14)

calendar days of receipt of the last written disposition. If no such written request

for arbitration is received within the time limit then it shall be deemed to have been

abandoned.

9.03 The party requesting arbitration shall indicate in its written request, the name of its

nominee to the Arbitration Board.

9.04 Within fourteen (14) calendar days thereafter, the other party shall answer by mail

and/or fax by indicating the name and address of its nominee to the Arbitration

Board. The two (2) nominees shall then select an impartial chairperson, so that the

Arbitration Board will be composed of one (1) person appointed by the employer,

one (1) person appointed by the union and a third person to act as chairperson

chosen by the other two (2) members of the Board.

9.05 If either party fails to appoint a nominee within the time limits set out above, or if

the two (2) nominees fail to agree upon a chairperson within ten (1 0) working days

of their appointment or within such time as may be agreed upon, the Minister of

Labour of the Province of Ontario may be asked to nominate a person to act as

chairperson upon request of either party ..

9.06 In the event that arbitration proceedings are invoked, the matter before the Board

shall be the written grievance, identified in Article 8.03.

9.07 The decision of the majority shall be the decision of the Board. Where there is no

majority decision, the decision of the chairperson shall be the decision of the Board.

The decision of the Board of Arbitration shall be final and binding and enforceable

on all parties, but in no event shall a Board of Arbitration have the power to change

this Agreement, or to alter, modify or amend any of its provisions or to substitute

any new provisions for any existing provisions, nor to give any decision

inconsistent with the terms and provisions of this Agreement.


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9.08 Each party shall pay:

a) the fees and expenses of its nominee to the Board of Arbitration; and b) one-half(Yz) ofthe fees and expenses ofthe chairperson.

9.09 Single Arbitrator By mutual agreement, the parties may elect to have a single arbitrator hear the

matter in dispute instead of a three-person Board. In such case, the party wishing to

submit the issue to arbitration shouldindicate in its notice of intent to arbitrate, that

it would like the matter heard by a single arbitrator. The recipient of the notice

shall inform the other party within ten (1 0) days of receipt of the notice if it is

agreeable or not to the matter being heard by a single arbitrator. If so, the parties

shall endeavour to select th~ single arbitrator. Failing agreement within thirty (30)

days or such time as agreed by the parties, Clause 8.04 shall be followed. The

single arbitrator shall be bound by all clauses of Article 8 in the same manner as a

Board of Arbitration, with the necessary changes being made.

ARTICLE 10- Personnel Files 10.01 Upon written notification to the Chief Executive Officer, an employee shall have

access to his/her personnel file in the presence of the Chief Executive Officer or

designate and shall be entitled to view the entire contents.

10.02 The Employer shall provide an employee with dated, written reasons for any

disciplinary action and with a copy of any adverse report. Any reply by the

employee shall become part of the employee's record.

10.03 Letters of reprimand and related correspondence shall not be referred to or used

against an active employee after a period of 3640 consecutive hours of work during

which the employee has not received any further disciplinary warning or notation.

10.04 The employer shall provide an employee a copy of each performance appraisal

conducted by the employer. In addition, a copy of the appraisal shall be placed in

the employee's record and form part of that record. Any reply by the employee

shall become part of the employee's record. The employer will not rely on or refer


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to adverse comments on a performance appraisal if subsequent appraisals do not

show a continuation of the problem twenty-four (24) months after the occurrence of

the original problem.

ARTICLE 11 - Seniority 11.01 a) Seniority for full-time employees shall mean the length of continuous full-time

service (hours worked based on 1820 or 1950 per year as applicable) in the employ of the employer since the date oflast hire.

b) Seniority for part-time and casual employees shall mean the number of hours worked in the employ of the employer since the last date ofhire.

c) If a contract employee is hired into a permanent position in the same classification, they shall be credited with fifty percent (50%) of their contract hours or 3 months, whichever is less, for all entitlements with the exception of

·probationary period where they shall be considered as a new employee.

11.02 It is understood that no employee shall be able to accumulate more than 1820 or

1950 regular hours of seniority/service, as applicable, in any year.

11.03 The employer shall post and update annually at all office sites on or before April

15th of each year, with copies to the union, separate full-time, part-time and casual

seniority lists. Corrections, disagreements to be submitted to Management by May

15th.

11.04 An employee shall lose his/her seniority and shall be deemed to have terminated

his/her employment when he/she:

a) voluntarily quits his/her employment;

b) is discharged for just cause and is not reinstated through the grievance procedure;

c) does no work for the employer for a period of twelve (12) months plus a day unless the employee is off on long term disability;

d) upon being recalled from a layoff, fails to report to work within five (5) working days from the date of notification by the employer;


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e) fails to return to work upon termination of an authorized leave of absence unless the employee provides a reason for such failure that is acceptable to the employer;

f) retires;

g) accepts gainful employment while on leave of absence unless permission is granted by the employer.

h) is a casual employee who has been requested to work and has not been

available for whatever reason for a consecutive period of three (3) months or

has cancelled a scheduled work shift two (2) times over a three (3) month

period.

11.05 Seniority and Employment Termination for being Absent from Work Without Notifying the Employer An employee who is unable to report for work will be expected to notify the

employer by the time he/she is due to report to work. Any employee who is absent

three (3) consecutive working days without notifying the employer, unless such

notification was not reasonably possible, shall be discharged.

11.06 Part time and casual employees shall accumulate seniority on the basis of 1 ,820

hours worked equals one (1) year.

11.07 All seniority accumulated under this agreement shall be retained and transferred

with the employee if she/he changes status from full time to part time or vice versa.

ARTICLE 12 - Probationary Employees 12.01 All new employees shall serve a probationary period of nine hundred and ten (910)

or nine hundred and seventy-five (975) hours, as applicable, before acquiring

seniority rights under this agreement. In order to complete an assessment, the

probationary period may be extended by the employer for an additional three (3)

months. During the probationary period or extended probationary period, the

probationary employee shall not accrue seniority until he/she has successfully

completed the probationary period. Upon the successful completion of the


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probationary period, the probationary employee's seniority shall then date back to

his/her first date of current employment with the employer.

12.02 All casual and contract employees hired into regular part-time or full-time positions

must complete nine hundred and ten (91 0) or nine hundred and seventy-five (97 5)

hours, as applicable, as per new employee in 12.01

12.03 During the probationary period or extended probationary period, the termination of

a probationary employee shall be at the sole discretion of the employer and does not

constitute a difference between the parties. Further, it is understood that the labour

arbitration doctrine of just cause does not apply in the termination of a probationary

employee.

12.04 Throughout the probationary period, the employer agrees to advise the employee of

any concerns with his/her employment.

ARTICLE 13- Job Vacancies 13.01 When job vacancies occur in the bargaining unit and the employer has decided to

fill same, such vacancy will be posted on the bulletin board for a period often (10)

working days. Bargaining unit employees will have the first opportunity for filling

bargaining unit vacancies. The requirement to post a vacancy only applies to the

original vacancy.

13.02 For the purpose of this Article, vacanctes do not include temporary·

appointments/assignments of 6 months or less or contract assignments of fourteen

(14) months or less unless extended by mutual agreement. In the event the contract

assignment is to continue beyond fourteen (14) months but the extension has not

been agreed to, the employer shall fill the vacancy in accordance with this Article.

13.03 Such posted notice shall contain the nature of the position, required qualifications

and knowledge, required education, required skills, physical demands, hours of

work, wage or salary rate or range and location, and other content as determined by

the employer.


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13.04 The employer will determine the successful candidate to a job posting by

considering the qualifications, knowledge, education, skill and present ability of the

individual to perform the required work. Where these factors are relatively equal,

the employee with the greatest seniority will be awarded the position.

An employee selected on this basis will be given a ten (10) day orientation period

from the first day of work in the new position. If an employee fails to meet the

requirements for the job at any time during the orientation period, or if the

employee wishes to relinquish the position at any time during the orientation

period, he/she will be returned to his/her former position.

13.05 If no current bargaining unit employee applies or meets the requirements for the job .

posting, the employer will be free to fill the job at the employer's discretion.

13.06 In the event that an employee covered by this Agreement should be promoted to a

position outside the bargaining unit and later applies for and is successful in a

competition for a position within the bargaining unit. The employee shall be

granted the seniority they had accrued or accumulated at the time they left the

bargaining unit.

13.07 Incumbents of existing excluded positions may enter the bargaining unit with no

seniority in the event the position is reclassified as a bargaining unit position.

13.08 The above noted conditions in this Article do not apply for positions designated for

Protected Employees.

13.09 The employer agrees that where a casual employee is called upon to work a shift,

after having not worked any shifts for the employer for a period equal to or in

excess of three (3) continuous months, said employee shall be provided a minimum

of one (1) hour orientation period prior to the commencement of the shift. The

purpose of the orientation period is to familiarize the casual employee with issues


16

of relevance pertaining to the clientele and/or operations within the Leeds &

Grenville Rehabilitation and Counselling Service.

13.10 a) Temporary, Casual and Contract employees shall not be considered as an internal applicant for job posting purposes. However, such employees may apply for posted positions and they shall be considered and treated as an external competitive job search applicant. Contract employees shall have their hours in their current contract considered for the purposes of the external job competitions.

ARTICLE 14- Layoff and Recall

14.01 If circumstances arise which might warrant the layoff of more than seven (7) working days of employees covered by this Agreement, the employer shall notify the union forthwith. Upon receipt of such notice, the union may request a meeting with the employer to discuss:

i) the reasons for layoff; ii) alternative actions to avoid or minimize the scope oflayoff; iii) the individuals affected and details of the actual layoff plans.

14.02 Where practicably possible, regular full and regular part-time employee shall

receive two (2) months' notice of layoff or pay in lieu thereof but in no event will

they receive less than their Employment Standards Act entitlement. The notice

period will begin when the employee receives official written notice. Copies of all

such notices shall be provided to the union. Casual employees who are laid off

shall be entitled to the notice of termination and severance pay provisions of the

Employment Standards Act.

14.03 a) In the event of a layoff, employees shall be laid off, subject to the provisions which follow, in reverse order of seniority, provided that employees being retained are willing and qualified and physically able to do the work.

b) An employee shall be entitled to displace the most junior employee who occupies a position in the same classification.

c) If no such position is available, he/she shall be entitled to displace the most junior employee in another non-protected classification who occupies a position for which she is qualified, and who has less seniority than him/herself. In the event the displacing takes place in a lower paid classification, the

Uncontrolled cDpy of 4-441-271-20100331-18

17

displacing employee shall be paid the maximum of the lower paid classification but in no case will he/she be paid more than his/her rate at the time of lay-off ..

14.04 Employees who are laid off shall be placed on a recall list for a period of twelve (12)

months and shall retain but not accrue seniority.

14.05 Employees on lay-off will be recalled in order of seniority subject to the following:

i) operational needs of the employer;

ii) when an employee is laid off, he/she shall notify the employer of his/her wish to be recalled either to the first position for which he/she is qualified, or to the first position in his/her own classification;

iii) no new employees shall be hired until those laid off have been given the opportunity of recall.

14.06 When recalling an employee after lay-off, he/she shall be notified by and/or

personally by telephone mail and shall return to work within five (5) working days

from the date of delivery of the notice by mail at his/her last noted address or

telephone number on file with the employer, unless on reasonable grounds he/she is

unable to do so.

14.07 The laid off employee will promptly notify the employer of any change in his/her

address and/or telephone number.

14.08 An employee who is recalled and reinstated or has displaced to a position with a

lower rate of pay than the position which he/she occupied at the time of lay-off

shall be given the first opportunity consistent with his/her qualifications and

seniority to return to a vacant position at a rate of pay which is closer to the rate of

pay for his/her former position.

14.09 The employer may transfer or re-assign employees who remain on the job after a lay-off.


18

ARTICLE 15 - General Leaves of Absence 15.01 At its sole discretion, the employer may grant leave of absence without pay for a

. 15.02

maximum period of one (1) year. In making its decision as to granting such leave,

without limiting its scope, the employer will consider among other things the

program and client needs of the agency. It is understood that an employee shall

submit their written request one (1) month in advance of their anticipated leave

date. In the event the requested leave is for a period of one (1) month or more, such

written notice shall be at least two (2) months in advance of the anticipated leave

date.

With the exception of Pregnancy/Parental/ Adoption Leave, the employer's

payments toward all group insurance benefits will be suspended for any leave

period under 15.01 in excess ofthirty (30) calendar days. They will be reinstated

upon the return of the employee to duty. If the employee wishes continuation of

these benefits during such a leave, it will be his/her responsibility to pay the cost of

these group insurance benefits at the current rate of the full premium, including the

employer portion, for a maximum time of one (1) year.

15.03 Unless on Employment Insurance Sick Benefits, STD, LTD or W.S.LB , when a

leave of absence is granted under this Article for a period of more than thirty (30)

consecutive days, the employee's seniority shall be maintained at the level attained

as of the first day of the leave of absence; but seniority shall not accrue during the

leave of absence.

15.04 The Employer recognizes that there may be occasiOns of extreme weather or

hazardous conditions. In such circumstances employees may be permitted to take

these days off with pay providing that their accrued vacation, float days, altered

hours of work or overtime is reduced correspondingly. Employees shall be

expected to notify the employer as soon as possible in advance of their inability to

attend work.


19

15.05 The employer may grant an employee up to a maximum of three (3) days per fiscal

year, leave of absence with pay for special or compassionate reasons and no such

request shall be unreasonably denied. In making its decision as to granting such

leave, without limiting its scope, the employer will consider among other things the

program and client needs of the agency. Employees shall be expected to notify

the employer as soon as possible in advance of their inability to attend work.

ARTICLE 16 - Bereavement Leave 16.01 Leave of absence, without loss of pay or benefits shall be granted as follows:

a) at the employee's discretion, a period of up to five (5) working days, in the case of death of the employee's spouse (including common-law), parent (including step-parent or foster parent), child (including step-child or ward), brother or sister;

b) at the employee's discretion, a period of up to three (3) working days, in the case of death of the employee's mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, grandchild, or a relative permanently residing in the employee's household or with whom the employee permanently resides

c) for a period of one (1) working day, in the case of death of the employee's aunt, uncle, niece or nephew.

d) The employee, at his/her discretion may choose to utilize one (1) day of the bereavement leave entitlement at a later date to attend to events related to the death.

e) A common law relationship is a current relationship where the parties have cohabitated for a continuous period of one (1) year or more and does not include previous common law relationships.

16.02 Where the burial of the family member occurs in a distant destination, the

employee shall be granted three (3) additional days unpaid leave for the purpose of

extended travel related to the death.

16.03 In the event that the death occurs while the employee is on vacation, the vacation

shall be rescheduled by the number of days of bereavement leave entitlement at a

time to be mutually agreed upon by the employer and the employee.


20

16.04 There shall be no pyramiding or duplication of this benefit.

ARTICLE 17 - Jury Duty and Court Attendance 17.01 An employee who is selected for service as juror or who is subpoenaed as a witness

to appear in any Court of Law, shall not lose pay at his/her regular straight time

hourly rate, for all regularly scheduled hours which the employee would otherwise

have worked because of such attendance provided that the employee:

a) informs the employer immediately upon being notified that the employee will be required to attend Court;

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

c) deposits with the employer the full amount of compensation received for such attendance, excluding mileage, traveling and meal allowances and an official receipt thereof; and

d) should the employee present himself as a juror and not be selected, then he is required to return to the employer's premises to complete his remaining normally scheduled work day.

17.02 There shall be no pyramiding or duplication of this benefit.

17.03 A probationary employee who is selected or subpoenaed in accordance with this

Article shall have his/her probationary period suspended until such time as the jury

duty or court attendance ends and the probationary employee returns to his/her

regular work.

ARTICLE 18- Union Leave 18.01 The employer, upon two (2) weeks' written notice from the union, shall grant leave

of absence without pay to up to two (2) employees appointed by the union to attend

union functions for an aggregate of fifteen (15) scheduled - work days in a calendar

year, providing that the granting of such leave does not unduly interfere with the

efficient operation of the facility.

18.02 When an employee is elected as the union's President or First Vice President

(Provincially), the union shall immediately following such election advise the


21

employer of the name of the employee so elected. Leave of absence shall be

granted from the employee's place of employment and the union shall reimburse the

employer for the pay and benefits of the employee in question.

18.03 Where an employee is elected as an Executive Board Member or Executive Officer

of OPSEU, such employee shall be granted leave of absence or time off as required

to exercise the duties of this appointment upon receipt of reasonable notice and the

union shall reimburse the employer for the pay and benefits of the employee in

question.

ARTICLE 19- Pregnancy/Parental/Adoption Leave 19.01 The leave of absence shall be in accordance with the provisions of the Employment

Standards Act.

19.02 During an employee's pregnancy leave or parental leave, the employer shall

continue to make the employer's contributions for any benefit plan unless the

employee provides the employer a written notice that the employee does not intend

to pay the employee's contributions, if any.

19.03 An employee on pregnancy leave or parental leave shall have vacation credits,

seniority and service continue to accrue.

19.04 An employee returning from a leave of absence under this section shall be assigned

to her former classification and be paid at the rate she would have attained had the

employee worked throughout the leave.

19.05 Paternity Leave An employee shall be granted up to three (3) days leave with pay upon the birth or

adoption of a child.

ARTICLE 20- PRE-PAID LEAVE 20.01 The Prepaid Leave Plan has been developed to afford full-time employees a one

time per employee opportunity of taking a one (1) year leave of absence and to


22

finance the leave through deferral of salary from the previous years in an

appropriate manner.

20.02 The parties agree to the implementation of the Self-Funded Leave Plan as outlined below:

Eligibility: All full-time staff who have completed their probationary period and who have

more than one year of full-time service.

20.03 The employee shall assume the responsibility of making herself/himself aware of

the implications of the Plan including any income tax implications. Employees

must confirm that they have received external financial advice and are aware of any

financial implications.

20.04 Application: Written applications shall be submitted to the Director, who will consider the

application and ensure the participation will not be detrimental to the service

provided by the Agency. Should two individuals' applications be in conflict to the

services of the Agency, seniority shall govern. Denial by the Employer shall not be

considered a violation of this Agreement.

All employees wishing to participate in the Plan shall be required to sign an

agreement supplied by the Director authorizing deductions before final approval for

participating will be granted.

20.05 Seniority: An employee participating in the Plan shall accrue seniority for the duration of the

leave and will retain the seniority previously acquired to their credit.

20.06 The deferral period over which salary is deferred and accumulated, the amount

thereof and the period in which leave is granted and repayment of such deferred

salary and interest occurs shall be four (4) years deferral up to one-fifth (1/5) of

annual salary in each year followed by one (1) year ofleave.


23

During the Self-Funded Leave year, the employee may engage in such plans of

education and employment as he/she chooses, except that he/she may not be

employed as an employee of the Employer.

20.07 Withdrawal and Death: A participant may, with the approval of the Employer, withdraw from the Plan only

in extenuating circumstances or in cases of severe financial hardship. Requests for

withdrawal must be submitted in writing, detailing the reason(s) for withdrawal.

Under no circumstances may a participating member withdraw from the Plan on or

after commencement of the leave or within three (3) months prior to

commencement of the leave.

When a request for withdrawal is approved, the Employer shall pay to the employee

a lump sum amount equal to monies deferred plus interest accrued with applicable

tax adjustments to the date of withdrawal from the Plan within sixty (60) days of

the approving of the withdrawal.

Should an employee die while participating in the Plan, any balance in the

employee's account at the time of death shall be paid to the employee's estate or a

named beneficiary.

20.08 Payment: The amount of salary withheld by the Employer shall be deposited in a "trust

account" for each individual at the time of regular salary payments. Such "trust

account" will be maintained at a fmancial institution chosen by the Employer,

where interest will be declared not less frequently than on a monthly basis. Interest

shall be paid out to the employee in accordance with the Income Tax Act (as may be

amended from time to time).

A ledger reference of each individual employee's contribution shall be maintained

by the Employer, and copies of all statements will be forwarded to the employee.


24

During the leave year, salary contained in the employee's trust account, shall be

payable at the commencement of the leave in one lump sum or in such manner and

on such periodic basis as all other employees of the Employer, as mutually agreed

upon between the Employer and the employee.

The Employee shall, out of any payment received by the Employee under this Plan,

reimburse the Employer any expenses incurred by it to administer the Employee's

participation in the Plan.

20.09 Benefits:

20.10

During all years that the individual employee is participating in the Self-Funded

Leave Plan, excepting the leave year, all employee benefits shall be maintained

according to the Collective Agreement at a level as if the employee were being paid

at 100% of his/her salary.

During a leave granted under this Plan, benefits described in the Collective

Agreement will be maintained providing the employee pays the applicable premium

costs and the benefits carrier permits same.

An employee participating in the Plan shall be eligible excluding progression on the

salary grid, upon return to duty for any increase in salary and benefit that would

have been negotiated within the Collective Agreement had the one year leave of

absence not been taken.

Sick leave credits and vacation credits shall not accumulate during the year spent on

leave.

Return From Leave: On return from such leave, an employee shall be assigned to their former position.

If such a position no longer exists, the placement of the employee shall be

determined by applying the appropriate sections of the Collective Agreement.

Notwithstanding the above, the employee may agree to accept an alternate

placement, mutually agreed upon by the Employer and the employee.


25

An employee must return after the leave of absence and remain for a period of at

least as long as the leave of absence, unless mutually agreed otherwise.

The Employer has the right to fill the position vacated by such leave at its

discretion.

ARTICLE 21- Professional Development 21.01 The employer recognizes the importance of staff taking the opportunity to upgrade

skills through courses, seminars and workshops related to their job functions.

An employee may request to attend courses, seminars or workshops related to their

employment. Approval from their Manager or designate must be made prior to

registration. Approval will be based on relevance of course, workshop or seminar

to job function and value as a learning opportunity to share with other staff, funds

available, and impact on client services. The employer will not unreasonably deny

any reasonable request from an employee. Reimbursement is to the level of the

annual employee allocation.

Continued Education Employees may wish to submit requests for leave without pay to pursue additional

education opportunities. Leave requests will be considered as per Article 15.

ARTICLE 22 - Sick Leave 22.01 On April 1st of each year, full-time employees will be credited with seventy (70)

hours of sick leave credits. In accordance with Article 22.02 below, these credits

may be carried over from one year to the next, otherwise these sick leave hours

have no other value and ·no remuneration or time off in lieu will be granted. In

addition to use for an employee's sickness, these sick credits shall be used for an

Employee's attendance at medical or dental appointments for the employee and/or

his/her dependents or dependent-related illness responsibilities. Sick leave shall be

pro-rated for part-time employees


22.02

26

One hundred percent (100%) of unused annual sick credits may be accumulated and

carried into the next fiscal year, up to a ma.Ximum of one hundred and ninety-six

(196) hours. At year end, for unused sick credits in excess of one hundred and

ninety-six (196) hours, 50% shall be banked as vacation time and the remaining

50% shall be paid out at I 00% and removed from the books. The credits carried over as sick time have no other value, and no remuneration or time off in lieu will be granted.

22.03 Once an employee has used all htslher sick day credits, if available, the employee may count up to five (5) days vacation as further sick credits annually. Should an Employee have no available sick or vacation credits, sick leave will be unpaid.

22.04 With the exception of insurance carrier approved STD or LTD and WSIB, all health care benefits during absences for illness shall discontinue after three (3) months.

ARTICLE 23- Hours of Work 23.01 a) A regular full-time employee is defined as an employee regularly scheduled to

work seventy (70) hours averaged over a two (2) week period.

b) A regular part-time employee is defined as an employee regularly scheduled for less than seventy (70) hours averaged over a two (2) week period.

23.02 The normal hours of work per day shall be eight (8) hours per day inclusive of a one (1) hour daily unpaid meal period, it being recognized and agreed that for some employees the nature and requirements of their duties require a schedule of flexible work hours. Each employee's work schedule will be subject to the approval of the employee's manager. The schedule for regular full and part-time employees shall be established by the employer. Any change to a regular employee's work schedule requires two (2) weeks' advance notice of said change.

23.03 Where an employee is called in from home by the employer after the completion of

his/her shift, or on a scheduled day off, she/he shall be compensated a minimum of


27

three (3) straight time hours off. Such time off shall be scheduled at a mutually

agreed upon time between the employee and the employer.

23.04 It is understood that staff meetings, if designated mandatory by the Chief Executive

Officer, shall be deemed as duty assignments and compensated accordingly at the

employee's straight time hourly rate.

23.05 An employee who accompanies a client(s) on a camping trip, day or overnight trip

or similar recreational outing or clinical intervention/accompaniment in excess of

one (1) calendar day's duration, shall not be entitled to overtime but rather shall be

entitled to compensating time off or pay in lieu thereof (at their normal straight time

rate) on the basis of eight (8) hours off for each twenty-four (24) hour period of

such outing in addition to payment for their normal shift. The Employer and the

Employee shall agree to whether the eight (8) hours is to be taken as compensating

time or in payment. In the event there is no agreement such eight (8) hours shall be

paid to the Employee at their normal straight time rate.

ARTICLE 24 - Overtime 24.01 Subject to the pre-approval of the Chief Executive Officer or designate, overtime

shall be calculated at time and one-half (1 Yl) of the employee's straight time hourly

rate for each hour worked over eighty (80) hours over a two (2) week period. The

employer agrees that the distribution of overtime shall be applied in a fair and

equitable manner, based on ability of employee to perform required duties.

24.02 It is understood and agreed that accumulated overtime hours [not to exceed five (5)

days at any one time] will be compensated with lieu time.off only. Such lieu time

shall be scheduled at a mutually agreed upon time between the employee and the

employer. In any event, any overtime carried beyond the current fiscal year shall

be used within sixty (60) days of the beginning of the new fiscal year.


28

ARTICLE 25 - Statutory Holidays 25.01 a) Full time employees who have completed three (3) months of continuous

employment will be entitled to the following holidays:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day

11 day Christmas Eve Day and ~day New Year's Eve Day (providing they

occur between Monday and Friday) and any other holiday proclaimed by the

Lieutenant -Governor of Ontario

In addition to the above noted statutory holidays, full-time Employees who

have completed six ( 6) months of continuous employment will be entitled to

three (3) float days per fiscal year, pro-rated to the length of their service.

Float days may be taken at a mutually agreed time at any time during the fiscal

year.

b) All other employees' statutory holiday pay shall be equal to the total amount of

regular wages payable to the employee in the four (4) weeks before the work

week in which the statutory holiday occurred, divided by 20.

25.02 When any of the above holidays fall on a Saturday or Sunday, and are not

proclaimed as being observed on some other day, they shall be observed on the day

on which they fall. For non-shift employees, the Employer shall determine which

of either the preceding Friday or following Monday shall be deemed to be the

holiday for the purpose of this agreement.

25.03 Holiday pay will be computed on the basis of the number of hours the employee

would otherwise work had there been no holiday, at his/her regular hourly rate of

pay exclusive of shift premium.


29

25.04 When the Employer requires a regular full-time employee to work on any of the

holidays outlined above, he/she shall be paid a the rate of one and one-half (1 Y2 )

time his/her regular straight time hourly rate for all hours worked on the holiday

and will receive equivalent time off or payment in lieu thereof for all hours worked.

The Employer and the Employee shall agree to whether the hours worked are to be

taken as compensating time or in payment. In the event there is no agreement, such

hours worked shall be paid to the employee.

25.05 In order to qualify for holiday pay, the employee must work his/her last full

scheduled shift immediately preceding and his/her first full scheduled shift

immediately following the holiday. However, an employee shall not lose his/her

holiday pay if absent on either or both qualifying days because of illness or injury

which is verified by a certificate signed by a duly recognized medical doctor or

he/she is absent with the specific written permission of the Employer, provided

he/she has been at work within three (3) days ofthe holiday, whether before or after

such holiday.

ARTICLE 26 - Vacations 26.01 a) Regular full-time and regular part-time employees will earn vacation leave

with pay as calculated below based on seniority, with 1820 hours equaling one

(1) year.

Effective April 1, 2008

0-5 years After 5 years After 1 0 years After 15 years

After 20 years

1 05 hours per year 140 hours per year 175 hours per year 210 hours per year

227 hours per year

b) All other employees shall be paid vacation in accordance with the Employment

Standards Act.

26.02 The employer shall, subject to operational requirements, endeavour to grant

vacation leave as requested by the employees. Where a conflict arises between

requests, seniority shall be the governing factor. It is understood and agreed that


30

the employer will give every consideration as to the preference of time at which the

employees wish to take their vacations, but of necessity the employer must reserve

the final decision as to the scheduling of vacations.

26.03 Employees may carry-over up to one hundred and five (105) hours vacation credits

into the next fiscal year. Under exceptional circumstances additional vacation

credits may be carried over into the next fiscal year at the discretion of the Chief

Executive Officer. Notwithstanding the above, such carry over is non-cumulative,

resulting in the maximum vacation credits on the books being the current year plus

one hundred and five (1 05) hours. Based· on operational requirements, the

Employer may restrict the maximum number of weeks taken consecutively.

26.04

26.05

26.06

An employee is entitled to vacation leave with pay to the extent of the employee's

earned credits, and may receive an advance of credits equivalent to the anticipated

credits for the vacation year. However, prior to October 1st, an employee will only

be allowed to draw down on his/her vacation credits to a maximum of seventy-five

percent (75%) of those credits. Effective April P', 2005, new employees will only

· be entitled to vacation leave with pay to the extent of the employee's earned credits.

Vacation credits continue to accrue when an employee is on WSIB and approved

STD, pregnancy leave and approved general leaves up to thirty (30) days.

Should an employee terminate employment for any reason after having taken

holiday time in advance of credits, he/she will be required to return time or funds.

26.07 Upon termination of employment an employee will be compensated for accrued but

unused vacation leave.

26.08 . If a paid holiday falls or is observed during an employee's vacation period, he/she

shall be granted an additional day of vacation with pay for each holiday in addition

to his/her regular vacation time which can, at the employee's discretion, be used at

a later date to be mutually agreed upon.


31

26.09 Where an employee qualified for sick leave, bereavement, or any other approved

leave during his/her period of vacation, there shall be no deduction from vacation

credits for such absence. The period of vacation so displaced shall either be added

to the vacation period or reinstated for use at a later date, at the employee's option.

26.10 An employee shall submit vacation requests by April 15th of each year, following

which vacation periods shall be scheduled by the employer based upon seniority.

Vacation requests submitted after April 15th shall be granted on a first come, first

served basis.

ARTICLE 27- Benefits 27.01 The Employer and the Union agree that all benefits shall be provided through the

OPSEU Joint Trusteed Benefit Fund.

27.02 The premium costs of the benefit plan shall be shared as follows:

Employer- 94% of the monthly premium cost Employee - 6% of the monthly premium cost

The employee's premium share shall be in equal installments through payroll

deduction. Benefits to the age of 70 will continue provided the employee is in the

active employ ofthe Employer.

Should there be a premium increase during the life of this Collective Agreement,

the Employer shall absorb up to a 7% increase ofthe April1, 2002 premium (which

represents $4,700; $5,029; $5,381; $5,757) per year; and the employees shall have

the option to pay the balance, if any, of the increase or review the benefit package,

on a bargaining unit wide basis.

The Employer shall pay 1 00% of the premiums for those employees with 1820 or

more hours worked who are on LTD, pregnancy or parental leave for a period of

five (5) years after their leave began and while still on leave after which the

premium payment reverts back to the prior shared premium arrangement between

the employee and the Employer.


32

27.03 The benefit plan will be described in detail m Schedule "A" attached to the

tParticipation Agreement with the OPSEU Joint Trusteed Benefit Fund, and shall be

based on the current benefit plan for Dependent Life Coverage and the Benefit

Matrix of the OPSEU Joint Trusteed Benefit Fund for all other benefits.

27.04 It is understood that the benefit plan is administered by an insurance carrier. Any

disputes that an employee may have with the insurance carrier shall be resolved

between the employee and the OPSEU Joint Trusteed Benefit Fund in accordance

with the Dispute Resolution Procedure described in Article 2 of Part B of the Trust

Fund's Participation Agreement.

27.05 Upon successful completion of their probationary period and the employee has

been granted full or part-time employee status, said employee shall become eligible

for benefits coverage as outlined in this Article.

27.06 Regular part-time employees shall have the option to participate in the benefit plan

with the Employer cost of premiums being pro-rated based on the employee's

regular hours of work as against full time employment. Should they elect to

participate in the plan, they shall advise the Employer and shall pay their portion of

premiums through payroll deductjon. It is understood that there shall be no

remuneration should they elect not to participate in the benefit plan.

27.07 Change of Carrier: It is understood that the Employer may at any time substitute another insurance

carrier for any plan provided such change does not result in the reduction of any

benefits. The Employer shall provide to the Union full specifications of the benefit

programs contracted for prior to the implementation of any change.

ARTICLE 28 - Pensions 28.01 The Employer shall contribute four percent (4%), based on an employees' gross

annual salary, on behalf of each full-time employee to a Pension/RRSP Plan. It is

understood and agreed that employees shall contribute an equal amount.


33

28.02 The parties agree that employees will continue to participate in their current plans

i.e. RRSP vs. pension plan. New employees will be enrolled in the Pension Plan

once eligibility has been achieved.

28.03 It is understood that employees shall be eligible to participate in the Pension Plan

once they have been granted permanent employee status - i.e. successfully

completed their probationary period.

28.04 It is understood that employees participating in the registered RRSP Pension Plan have the ability to withdraw from- the employee's account only. Such withdrawal shall result in a penalty being imposed.

Reinstatement will be based on the requirements for new employees ie: 6 month

waiting period and enrollment in the pension plan. A T -4 will be issued to the

employee by the Pension Carrier for income tax purposes.

28.05 This Article provides a pension benefit for full-time employees only. In the event a

full-time employee becomes a part-time employee, such employee, while he/she

remains a part-time employee, shall not be entitled to pension benefits.

ARTICLE 29 - Salaries 29.01 The employer shall pay the salaries set out in Schedule "A" attached hereto and

forming part of this Agreement.

29.02 The employer shall pay salaries bi-weekly every second Thursday paid by direct

deposit. Employees shall be provided with an itemized statement of his/her wages,

overtime, and other supplementary pay and deductions.

29.03 An employee, promoted or reclassified to a higher paying position shall receive the

next higher rate of pay in the new classification for the time he/she performs that

job.

2_9.04 When an employee temporarily relieves in or performs the principal duties of a

higher paying position for more than five (5) consecutive working days, he/she


34

shall receive the next higher rate of pay of the job being performed for the duration

of the assignment.

29.05 When a new classification is to be created or an existing classification is to be

revised, at the request of either party the parties shall meet to negotiate the salary

range for the new or revised classification, provided that should no agreement be

reached between the parties, then .the employer will set the salary range subject to

the right of the parties to have the rate determined by arbitration.

29.06 When an Employee moves to a new position at a higher rate of pay, for the

purposes of movement on the grid, their new anniversary date will start from the

first day in that new position with the movement to the next step occurring upon the

completion of 1820 or 1950 hours, as applicable.

29.07 All employees shall progress on the salary grid based on 1820 hours worked equals

one (1) year.

ARTICLE 30 -Health & Safety 30.01 The employer shall continue to make reasonable provisions for the safety and

health of its employees during the hours of their employment.

30.02 The employer, union and the employees agree to conduct their business with

respect to health and safety matters in accordance with the Occupational Health &

Safety Act.

ARTICLE 31 -No Contracting Out 31.01 There will be no contracting out ofwork during the lifetime ofthis Agreement that

will cause the layoff or reduction in hours of work of bargaining unit employees.

31.02 It is understood and agreed that students and/or clients in the vocational program

may be utilized by the employer for the purpose of gaining practical experience.

However, such placements will not be used for the purpose ofreducing the current

staffing requirements.


35

ARTICLE 32 - General 32.01 Where the singular or feminine is used in this Agreement, it shall be considered as

if the plural or masculine had been used where the context so requires.

32.02 Employees required to use their personal vehicle in the performance of their duties

for the employer, in accordance with established rules and procedures, shall be ·

reimbursed for such usage at the rate of: Effective April1, 2007 - forty cents ( 40¢)

per kilometre; Effective April 1, 2008 - forty-two ( 42¢) per kilometre; Effective

April1, 2009- forty-four cents (44¢) per kilometre.

32.03 An employee shall have the right to request that a Union representative be present

at any meeting with the employee which is held for the purpose of investigating

suspected misconduct by the employee.

32.04 Car Insurance: Employees who must use their personal vehicle for transporting

clients, as a requirement of their job mandate must carry $1 ,000,000 liability

insurance which allows for transporting clients and colleagues. On an annual basis

employees must provide the Employer with proof of:

valid driver's license valid insurance with liability of $1 ,000,000 & coverage when transporting clients and colleagues.

The Employer will reimburse the employee for additional insurance premium costs

associated with work related travel up to $125.00 per year.

32.05 · Travel: Where approved and required by the employer, employees using their

personal vehicle to travel to work locations from their regular site as part of their

job responsibilities shall be entitled to the allowance in Article 32.02 above. · It is

understood that employees may have more than one (1} work site.

The employer's current designated work sites are Gananogue, Delta, Brockville,

Prescott and Kemptville. The employer reserves the right to designate other work

sites provided that employees are given as much notice as possible, but in no event

to be less than one (1) month's notice in advance of such designation.


36

32.06 The employer shall reimburse employees for out-of-pocket expenses when required

to be outside the United Counties of Leeds & Grenville for training or conferences.

The employee shall present receipts before reimbursement is made.

Reimbursement for expenses shall be subject to the following maximums:

a) accommodation

b) travel

c) meals

Article 33 - Duration

$95 per night

least expensive mode of transportation or such other mode as may be approved in advance by the Chief Executive Officer or designate

breakfast lunch dinner

$10 $12 $18

33.01 This Agreement shall be binding and take effect from the 1st day of April, 2007 and

shall remain in effect until the 3P1 day of March, 2010, and shall be renewed from

year to year thereafter, unless either party gives notice to the other party, in writing,

within ninety (90) days prior to the expiration date, as to its desire to terminate the

Agreement, or of its desire to modify or amend any section or provision thereof.

DATED at Brockville this

FOR THE EMPLOYER:

~


day of May, 2007.

FOR THE :10': lJ £.~ I

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SCHEDULE"A" SALARY SCALE

Effective: April 1, 2007

Position: Start Step 1 Step 2 Step 3 Step 4 Social Worker II (MSW) $53,532.03 54,068.07 54,607.39 55,624.03 56,662.42 Annual Team Lead Reg. Nurse $29.41 $29.71 $30.00 $30.56 . $31.13 Per Hour

Social Worker I (BSW) $44,545.84 45,383.82 45,838.17 46,295.74 46,758.67 Annual Case Worker/Program $24.48 $24.94 $25.19 $25.44 $25.69 Per Hour Dev.Co-Ord.

Rehabilitation Worker II $40,231.63 40,981.74 41,392.17 41,805.79 42,224.78 Annual $22.11 $22.52 $22.74 $22.97 $23.20 Per Hour

Rehabilitation Worker I $33,480.64 34,091.45 34,432.21 34,777.26 Annual $18.40 $18.73 $18.92 $ 19.11 Per Hour

Support Worker Annual $15.70 $15.86 $16.03 $16.19 Per Hour

Admin Systems/Support $39,494.39 40,231.63 40,981.74 41,392.17 Annual 21.70 22.11 22.52 22.74 Per Hour

Receptionist/Clerk $33,480.64 34,091.45 34,432.21 34,777.26 Annual $18.40 $18.73 $18.92 $19.11 Per Hour

Night Sleep Rate $8.00 $8.08 $8.16 $8.24 Per Hour

Night Awake Rate $13.00 $13.13 $13.26 $13.39 Per Hour

Regular Part-time Worker is prorated to the applicable full-time rate. Employees will be placed on the ApJ;ill, 2007 salary scale based on their current rate of pay March 31, 2007. Annualized salary rates are based on 1820 hours per year.

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38

SCHEDULE II A II SALARY SCALE

Effective: April 1, 2008

Position: Start Step 1 Step 2 Step 3 Step 4 Social Worker II (MSW) $54,736.50 55,284.61 55,836.05 56,875.57 57,937.32 Annual

Team Lead Reg. Nurse $30.07 $30.38 $30.68 $31.25 $31.83 Per Hour

Social Worker I (BSW) $45,548.13 46,404.96 46,869.53 47,337.40 47,810.74 Annual Case Worker/Program $25.03 $25.50 $25.75 $26.01 $26.27 Per Hour

Dev.Co-Ord.


Rehabilitation Worker I $34,233.96 34,858.51 35,206.93 35,559.74 Annual $ 18.81 $19.15 $19.34 $ 19.54 Per Hour






Regular Part-time Worker is prorated to the applicable full-time rate. Employees will be placed on the April1, 2008 salary scale

based on their current rate of pay March 31, 2008. Annualized salary rates are based on 1820 hours per year.

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39

SCHEDULE "A" SALARY SCALE

Effective: Aprill, 2009

Position: Start Step 1 Step 2 Step 3 Step4

Social Worker II (MSW) $55,968.07 56,528.51 57,092.36 58,155.27 59,240.91 Annual

Team Lead Reg. Nurse $30.75 $31.06 $31.37 $31.95 $32.55 Per Hour

Social Worker I (BSW) $46,572.96 47,449.07 47,924.10 48,402.49 48,886.48 Annual Case Worker/Program $25.59 $26.07 $26.33 $26.59 $26.86 Per Hour Dev.Co-Ord.


Rehabilitation Worker I $35,004.22 35,642.82 35,999.09 36,359.84 Annual $ 19.23 $19.58 $19.78 $ 19.98 Per Hour






Regular Part-time Worker is prorated to the applicable full-time rate. Employees will be placed on the April1, 2009 salary scale

based on their currentrate ofpay March 31,2009. Annualized salary rates are based on 1820 hours per year.

40

LETTER OF UNDERSTANDING

Re: Parity Adjustment

The parties recognize the differential in wages between Provincial Public Service Workers and workers employed by Transfer Payment Agencies.

In the event that the Ministry of Health allocates any special "Enhancement/Wage Parity" funds during the life of this Agreement, the parties agree to sit down and negotiate the allocation of said funds.

This letter shall be appended to and form part of the Collective Agreement.

Dated this day of /1 (!/ , 2007.

FOR THE EMPLOYER

·J3~ vbl\c c 1\Dl I V-t~


41


RE: Davison Avenue- Evening Shift

Without prejudice, hours of work and lunch break for Davison A venue Group Home evening

shift, will be flexible based on client and program needs. The goal is to ensure presence of

staff with tenants/clients on site (unless at a group outing).

Lunch will be Yz hour paid lunch break. Staff will remain on the job site at the residence

interacting with tenants. Total hours at work- 7 hours.

Intent is to encourage staff to eat dinner with tenants being a role model and providing support

and life skills training.

Dated this ____ day of &r , 2007.

FOR THE EMPLOYER

b~ '4 G~ <ujw~


42


RE: Pension Plan Participation

The parties acknowledge that some employees are enrolled in the registered RRSP plan and

that it may be that they may wish to move to the registered pension plan. Therefore, the

parties undertake to gather the necessary information to allow those employees to make an

informed decision in this regard.

Further, the parties undertake to meet and discuss the option of moving the current registered

pension plan to another plan.

Dated this-----'· day of /1 a:::j , 2007.

FOR THE EMPLOYER

13~ 0J1~ Q)O I I ~Q/\ 1


43


RE: Davison Avenue

The parties agree to the following terms and conditions as they relate to the Sleep Position at

Davison A venue:

1. The position shall be defined as a casual position. However, should a regular part

time employee apply for and be successful in obtaining a Sleep Position, it is

understood that there shall be no change in their employment status and overtime

premiums and pension entitlements will not apply nor will there be any added

benefit entitlements.

2. Currently, the hours of work for the Sleep shift are from 10:00 p.m. to 8:00 a.m,

Monday to Friday and from 9:00 p.m. to 9:00 a.m., Saturday and Sunday with the

sleep time being from 12:00 p.m. to 6:00 a.m. However, these hours may be

changed in accordance with program and client needs.

3. Hours during the sleep time shall be compensated in accordance with the Schedule

"A" - Night Sleep Rate. Employees who attend work duties while sleep time will

receive Rehabilitation Worker I rate pay for any time so worked, for a minimum of

one half (1/2) hour.

Dated this day of J?'J,;;/ . 2007.

FOR THE EMPLOYER

t3~ 0]A CAalt~

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FO. R THE UNI~. £/' 7;2~~

44


RE: Davison Avenue- Night Awake Position

The parties agree to the following terms and conditions as they relate to the Night Position at the Davison Group Home.

1. The hours of work for the Night Awake Position will be from 9:45pm to 7:45 am, Sunday to Thursday and from 9:00pm to 9:00am Friday and Saturday. However, these hours may be changed in accordance with program and client needs.

2. Effective the date of ratification by both parties, the hourly rate for the Night Awake Position will be $13.00/hour. Employees are hired on the expectation that they will be awake for the duration of the shift, with the understanding that they may sleep between midnight and 6:00am if all clients are s:table and asleep. Should a situation/crisis arise the employee must attend to work duties to respond to the situation/crisis.

Dated this ____ day of /1 o/ , 2007.

FOR THE

A


45

LETTER OF AGREEMENT

Re: Article 23 -Hours of Work

The Union and the Employer agree that Article 3.01 (a) provides that, among other things, it is the exclusive function of the Employer to determine the hours of work and work schedules related to its operations. Additionally, the parties hereto acknowledge that, for operational requirements, the Employer may require that the hours of work for particular jobs may be seven and one-half (7 'h) hours per day and thirty-seven and one-half (37 1'2) hours per week.

With respect to a new or vacant position, the Employer may designate the job to be a seven and one-half(? 'h) hours per day and thirty-seven and one-half(37 1'2) hours per weekjob and shall reflect same on any posting.

In the event the Employer wishes to change the hours of work of a particular job where there is an incumbent, the Employer shall so notify the Union of same a minimum of three (3) months prior to affecting such a change with the Employer's reasons for so doing. IN these circumstances, the Employer will call for expressions of interest related to the changed job and will consider such "interest" and the incumbent's status in same in accordance with the parameters detailed in Article 13.04, namely, by considering the qualifications, knowledge, education, skill and present ability of the individual to perform the required work. Where these factors are relatively equal, the employee with the greatest seniority will be awarded the position.

The parties further agree that, in Articles 19.05, 21, 22, 25 and 26, references to "day" or "days" means a seven (7) hour day. In the event all bargaining unit jobs, with the exception of administrative support/office clerical positions, are converted to a seven and one-half (7 'l'2 ) hours per day and thirty-seven and one-half (37 'h) hours per week, the references to "day" and "days" as noted herein shall change to mean a seven and one-half (7 'h) hour day.

Dated this ____ day of~· 2007.

FOR THE EMPLOYER

A~ ,


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