collective agreement between society of united ......1 collective agreement between society of...

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COLLECTIVE AGREEMENT

Between

SOCIETY OF UNITED PROFESSIONALS

IFPTE Local 160

And

THE SOCIETY STAFF UNION

April 1, 2019 – March 31, 2022

IN WITNESS THEREOF the parties hereto have caused the Agreement to be executed by their proper officers duly authorized

in that behalf.

For the Society of United Professionals For the Society Staff Union

________________________________ _________________________________

Scott Travers, President Andre Kolompar, President

_________________________________ _________________________________

Michelle Johnston, Secretary - Treasurer Laura Langmaid, Treasurer

__________________________________ _________________________________

Chris Graham, EVP Membership Services Joe Lesperance, Grievance Officer

__________________________________

David Empey, Staff Director

______________________________

Date

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TABLE OF CONTENTS

ARTICLE 1 - PURPOSE ............................................................................................................................................................. 5

ARTICLE 2 - RECOGNITION .................................................................................................................................................. 5

2.1 AMENDMENTS TO COLLECTIVE AGREEMENT .................................................................................................................. 5 2.2 RETENTION OF RIGHTS AND PRIVILEGES ......................................................................................................................... 5

ARTICLE 3 - PARTNERSHIP ................................................................................................................................................... 5

3.1 JOINT PROCESSES ............................................................................................................................................................ 5 3.2 EQUAL OPPORTUNITY ..................................................................................................................................................... 6 3.3 NO STRIKES/NO LOCK-OUTS ........................................................................................................................................... 6

ARTICLE 4 - DEFINITIONS ..................................................................................................................................................... 6

ARTICLE 5 - EMPLOYEE CLASSIFICATIONS ................................................................................................................... 7

ARTICLE 6 - UNION SECURITY ............................................................................................................................................ 7

6.1 ALL EMPLOYEES TO BE MEMBERS .................................................................................................................................. 7 6.2 DUES DEDUCTION ........................................................................................................................................................... 7

ARTICLE 7 - CORRESPONDENCE ........................................................................................................................................ 7

ARTICLE 8 - JOINT SOCIETY STAFF UNION/SOCIETY COMMITTEE ....................................................................... 8

8.1 JOINT SSU/SOCIETY COMMITTEE (JSSC) ....................................................................................................................... 8

ARTICLE 9 - HEALTH AND SAFETY .................................................................................................................................... 8

ARTICLE 10 - GRIEVANCE PROCEDURE ........................................................................................................................... 8

10.1 DEFINITION OF A GRIEVANCE ......................................................................................................................................... 8 10.2 GRIEVANCE PROCEDURE ................................................................................................................................................. 8 10.2.7 GRIEVANCE PROCEDURE ................................................................................................................................................ 9

STEP 1 ............................................................................................................................................................................ 9 STEP 2 ............................................................................................................................................................................ 9 STEP 3-ARBITRATION ..................................................................................................................................................... 9

ARTICLE 11 - DISCIPLINE OR DISCHARGE .................................................................................................................... 10

ARTICLE 12 - CROSSING OF PICKET LINES ................................................................................................................... 10

ARTICLE 13 - PERSONNEL FILES ...................................................................................................................................... 10

ARTICLE 14 - TEMPORARY EMPLOYEES ....................................................................................................................... 10

ARTICLE 15 - PROBATIONARY EMPLOYEES ................................................................................................................. 11

ARTICLE 16 - PROMOTIONS AND STAFF CHANGES .................................................................................................... 11

16.1 JOB POSTINGS ............................................................................................................................................................... 11 16.2 METHOD OF MAKING APPOINTMENTS .......................................................................................................................... 11 16.3 NEW OR SIGNIFICANTLY CHANGED POSITIONS ................................................................................................................. 11

STAFF OFFICER ASSIGNMENTS ..................................................................................................................................... 11 16.4 OFFICE SELECTION ........................................................................................................................................................ 12 16.5 SALARY TREATMENT ON PROMOTION........................................................................................................................... 12 16.6 SALARY TREATMENT ON RECLASSIFICATION ............................................................................................................... 12 16.7 PRESENT CLASSIFICATIONS .......................................................................................................................................... 12 16.8 UNION NOTIFICATION ................................................................................................................................................... 12 16.11 REGULAR WORKPLACE ................................................................................................................................................ 12

ARTICLE 17 - PAY FOR TEMPORARY ASSIGNMENT TO A HIGHER RATED JOB................................................ 13

RELIEF ...................................................................................................................................................................................... 13 ROTATIONS ............................................................................................................................................................................... 13

ARTICLE 18 - LAY OFF AND RECALL PROCEDURE ..................................................................................................... 13

18.1 LAY OFF PROCEDURE ................................................................................................................................................... 13

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18.1.1 UNION NOTIFICATION ............................................................................................................................................... 13 18.1.2 BASIC NOTICE ........................................................................................................................................................... 14 18.1.3 SERVICE BASED NOTICE/CONFIRMATION OF LAY OFF ............................................................................................. 14 18.1.4 WITHDRAWAL OF LAY OFF NOTICE .......................................................................................................................... 14 18.2 SEVERANCE................................................................................................................................................................... 14 18.3 RECALL PROCEDURE ..................................................................................................................................................... 14 18.4 VOLUNTARY LAY OFF .................................................................................................................................................. 15 18.5 TRAINING FUNDS .......................................................................................................................................................... 15

ARTICLE 19 - EMPLOYER MERGER ................................................................................................................................. 15

ARTICLE 20 - PAID HOLIDAYS ........................................................................................................................................... 16

20.1 STATUTORY HOLIDAYS AND FLOATING HOLIDAYS ...................................................................................................... 16 20.1.1 STATUTORY HOLIDAYS ............................................................................................................................................. 16 20.1.2 FLOATING HOLIDAYS ................................................................................................................................................ 17 20.2 REMEMBRANCE DAY .................................................................................................................................................... 17

ARTICLE 21 - VACATIONS ................................................................................................................................................... 17

21.1 SERVICE BASED VACATION ENTITLEMENTS ................................................................................................................ 17 21.4 CANCELLATION OF VACATION ...................................................................................................................................... 18 21.5 VACATION WITHOUT PAY ............................................................................................................................................. 18 21.6 BANKED VACATION ...................................................................................................................................................... 18 21.7 VACATION PAY ON RETIREMENT/TERMINATION .......................................................................................................... 18 21.8 DISPLACEMENT OF VACATION WHEN SICK ................................................................................................................... 18 21.9 PRE-APPROVAL FOR VACATION AND LEAVE ................................................................................................................ 18

ARTICLE 22 - LEAVE OF ABSENCE ................................................................................................................................... 18

22.1 LEAVE FOR UNION BUSINESS ........................................................................................................................................ 18 22.2 LEAVE FOR PUBLIC DUTIES ........................................................................................................................................... 18 22.3 BEREAVEMENT LEAVE .................................................................................................................................................. 19 22.4 JURY OR COURT WITNESS DUTY ................................................................................................................................... 19 22.5 GENERAL LEAVE ........................................................................................................................................................... 19 22.6 PREGNANCY/PARENTAL LEAVE .................................................................................................................................... 19 22.6.1 BENEFITS UNDER THE SUPPLEMENTARY UNEMPLOYMENT BENEFITS (SUB) PLAN .................................................. 19 22.7 SELF-FUNDED LEAVE PLAN* ................................................................................................................................ 20

ARTICLE 23 - MEDICAL AND DENTAL APPOINTMENTS ............................................................................................ 21

ARTICLE 24 - FAMILY CARE ............................................................................................................................................... 21

ARTICLE 25 - SICK LEAVE ................................................................................................................................................... 22

25.1 SICK LEAVE ENTITLEMENT ........................................................................................................................................... 22

ARTICLE 26 - PAYMENT OF WAGES ................................................................................................................................. 22

26.1 PAY DAYS ..................................................................................................................................................................... 22 26.2 RETROACTIVE PAY FOR TERMINATED EMPLOYEES ....................................................................................................... 22

ARTICLE 27-EMPLOYEE BENEFITS .................................................................................................................................. 22

27.1 RETIREMENT SAVINGS .................................................................................................................................................. 22 27.2 LIFE INSURANCE, EXTENDED HEALTH, DENTAL BENEFITS AND LTD ........................................................................... 22 27.2.8 POST-RETIREMENT BENEFITS ................................................................................................................................... 23 27.3 PROFESSIONAL FEES ..................................................................................................................................................... 24 27.4 RETIREMENT ALLOWANCE ............................................................................................................................................ 25 27.5 MULTI-SECTOR PENSION PLAN ..................................................................................................................................... 25

ARTICLE 28 - MEALS AND EXPENSES .............................................................................................................................. 26

ARTICLE 29 - TRANSPORTATION ...................................................................................................................................... 27

29.1 PAYMENT FOR USE OF PERSONAL VEHICLE .................................................................................................................. 27

ARTICLE 30 - COPIES OF COLLECTIVE AGREEMENT ............................................................................................... 27

ARTICLE 31 - MOVING EXPENSES .................................................................................................................................... 27

ARTICLE 32 - CONTRACTING OUT ................................................................................................................................... 27

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32.1 PRINCIPLES OF INTENT .................................................................................................................................................. 27 32.2 WRITTEN NOTIFICATION OF CONTRACTED SERVICES ................................................................................................... 27

ARTICLE 33 - WORKPLACE HARASSMENT POLICY ................................................................................................... 28

ARTICLE 34 - CAREER DEVELOPMENT AND TRAINING ........................................................................................... 28

34.2 STAFF DEVELOPMENT COMMITTEE ............................................................................................................................... 28

ARTICLE 35-WAGES .............................................................................................................................................................. 28

35.1 GENERAL INCREASES .................................................................................................................................................... 28 35.2 RATE STRUCTURE ......................................................................................................................................................... 29

ARTICLE 36 - HOURS OF WORK ......................................................................................................................................... 29

36.1 NORMAL HOURS OF WORK ........................................................................................................................................... 29 36.2 ALTERNATE WORKING HOUR ARRANGEMENTS ............................................................................................................ 29 36.2.1 PRINCIPLES ............................................................................................................................................................... 29 (A) ADMINISTRATIVE STAFF ............................................................................................................................................... 30 (B) STAFF OFFICERS............................................................................................................................................................ 30

ARTICLE 37 - OVERTIME ..................................................................................................................................................... 30

37.1 DEFINITION ................................................................................................................................................................... 30 37.2 PRIOR AUTHORIZATION ................................................................................................................................................. 30 37.3 FLEXIBLE HOURS ARRANGEMENTS ............................................................................................................................... 30 37.4 COMPENSATION FOR OVERTIME.................................................................................................................................... 31 37.4.1 PREMIUM RATES-ADMIN. SERVICES SUPPORT STAFF ............................................................................................... 31 37.5 TRAVEL TIME ................................................................................................................................................................ 31 37.6 FORM OF COMPENSATION FOR OVERTIME OR TRAVEL TIME ........................................................................................ 31 37.7 OVERTIME – SIGNIFICANT ACCRUAL ............................................................................................................................ 31 STAFF OFFICERS ....................................................................................................................................................................... 31 37.7.4 PREMIUM RATES-STAFF OFFICERS ............................................................................................................................ 32 37.7.5 OVERTIME DURING STRIKE OR LOCKOUT OF SOCIETY BARGAINING UNIT ............................................................... 32 37.8 QUARTERLY REVIEW .................................................................................................................................................... 32

ARTICLE 38 - REDUCED HOURS OF WORK .................................................................................................................... 32

38.1 DEFINITION ................................................................................................................................................................... 32

ARTICLE 39 - WORK SHARING ........................................................................................................................................... 33

39.1 DEFINITION ................................................................................................................................................................... 33

ARTICLE 40 – WORKING FROM HOME ........................................................................................................................... 33

ARTICLE 41 - PERFORMANCE APPRAISAL FEEDBACK ............................................................................................. 34

ARTICLE 42 - TECHNOLOGICAL CHANGE ..................................................................................................................... 34

ARTICLE 43 - EMPLOYEE INDEMNIFICATION.............................................................................................................. 34

DEFINITIONS ........................................................................................................................................................................... 34

ARTICLE 44-DURATION OF THE AGREEMENT ............................................................................................................. 34

44.1 DURATION..................................................................................................................................................................... 34

APPENDIX A ............................................................................................................................................................................. 35

SSU SALARY SCHEDULE- JANUARY 1, 2019 .................................................................................................................... 35



LETTER OF UNDERSTANDING ........................................................................................................................................... 38

#1 RE: POST-RETIREMENT BENEFITS ELIGIBILITY ................................................................................................... 38

#2 RE: BARGAINING UNIT SECURITY ............................................................................................................................. 39

#3 RE: SECOND COMMUNICATION POSITION .............................................................................................................. 40

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ARTICLE 1 - PURPOSE

It is the desire of both parties to this Agreement:

a) to maintain and improve harmonious relations and settled conditions of employment between the Employer and the Union;

b) to recognize the mutual value of joint discussions and negotiations in matters pertaining to working conditions and conditions of employment;

c) to encourage efficiency in the operation of the Society of United Professionals (SUP) and to provide the best service to its members;

d) to promote the morale, well-being and security of all the employees in the bargaining unit of the Union.

From the outset, the fulfillment of the SUP's mission and objectives has been a joint effort of both Union and elected

representatives in SUP (the "Employer"). We recognize that the success of the SUP is fully dependent on the people

involved in this relationship. In particular, the hiring and retention of fully qualified, experienced, dedicated staff is

essential.

We believe that all people want to be involved in decisions that affect them, care about their jobs and each other, take

pride in themselves and in their contributions and want to share in the success of their efforts.

And whereas it is now desirable that methods of bargaining and matters pertaining to the working conditions of the

employees be drawn up in an Agreement pursuant to the Ontario Labour Relations Act.

NOW THEREFORE, the parties agree as follows:

ARTICLE 2 - RECOGNITION

The Employer recognizes the Society Staff Union as the bargaining agent of all employees of the Society of United

Professionals save and except persons exercising managerial responsibility and persons with access to confidential

labour relations information.

Clarity Note: The Parties are agreed that the Senior Financial Officer is included in the bargaining unit.

2.1 Amendments to Collective Agreement

No employee shall be required or permitted to make any written or verbal agreement with the Employer or the

Employer's representatives which conflicts with the terms of this Agreement unless both parties (SSU and the

Employer) agree to the said change.

2.2 Retention of Rights and Privileges

Should the Union change its name, affiliate or merge with any other union, or group of unions, the resulting

entity shall retain all privileges and rights of the former union, and the existing Collective Agreement shall

remain in force.

Should the employer merge, amalgamate or combine any of its operations or functions with another

organization, the Employer, through whatever merger agreement involved, agrees to make its best effort to

minimize any negative impact on employees.

ARTICLE 3 - PARTNERSHIP

3.1 Joint Processes

It is recognized that the Employer retains inherent management rights and responsibilities to operate and manage

its business and direct its work force including the right to hire, select, transfer, promote, suspend, discharge,

demote and discipline or lay off any employee, subject to the terms of this Agreement.

Employees will be responsible for participating in meetings, called by the Staff Director or the Staff Officer-

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Administrative Services, on a regular basis, for the purpose of consultation and to allow reasonable opportunity

for consensus and/or employee inputs to decisions concerning the selection, de-selection, training and

development, cost accounting and reporting, compensation administration, administration of agreement, health

and safety, job assignments, budgets, appraisals, scheduling, resource allocation, employee services, office

equipment and facilities, goal setting and work standards and quality. The SSU will be provided an opportunity

to make prior input to decisions involving organizational change that trigger the lay off procedure.

The structure of the SUP reflects the partnership with its employees. It will continue to be SUP's practice to

assign staff resources, consistent with work plan priorities and resource limitations, to self directed and

integrated SUP committees and teams. Employees will be encouraged to perform their role as full team members

on such SUP working committees or project teams that may also consist of elected representatives and/or SUP

members. SUP Committees and teams which have a membership consisting of SSU represented staff will be

encouraged to utilize consensus decision-making with a strong focus on both current and near term decisions

affecting the planning and production of work. They will constantly seek improvement in quality, efficiency and

service.

3.2 Equal Opportunity

The philosophy and mission of the SUP are designed to be in full and complete compliance with the legal and

moral principles of equal opportunity in employment. Accordingly, the Employer and the Union agree that there

shall be no discrimination or harassment exercised or practiced under this Agreement by reason of age, creed,

colour, national origin, disability, race, political or religious affiliation or activity, sex or marital status, sexual

orientation, nor by reasons of his/her membership or activity in the Union.

The Union agrees not to pursue, concurrently, a grievance on behalf of an employee who is pursuing a complaint

through an external judicial or quasi-judicial body, such as the Human Rights Commission.

3.3 No Strikes/No Lock-outs

There shall not be strikes or lock-outs so long as this Agreement continues to operate.

ARTICLE 4 - DEFINITIONS

In this Agreement, unless otherwise specified:

4.1 "Day" means working day,

4.2 "Year" means January 1st to December 31st, except where otherwise noted.

4.3 "Union" means the Society Staff Union (SSU),

4.4 "Employer" means the Society of United Professionals (“the Society” or ”SUP”).

4.5 "Seniority" means the length of all prior service, including probationary and temporary service, with the Employer

regardless of breaks. Employees shall not lose seniority if they are absent from work because of sickness, long-

term disability, authorized Union business, job actions, accident, or leave of absence approved by the Employer.

Employees shall lose seniority in the event that they:

(i) are discharged for just cause and are not reinstated;

(ii) resign in writing.

The Employer will maintain a Seniority List showing the date upon which each employee's service commenced.

An up-to-date Seniority List will be made available to the Union upon request. "Seniority" affects selections for

laterals or demotions, layoff and recall.

4.6 "Service" means an employee's seniority less unpaid leaves of absence. "Service" is used to calculate service

based notice, vacation and severance entitlements.

Wherever the singular is used, it shall be considered as if the plural has been used where the context so requires.

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ARTICLE 5 - EMPLOYEE CLASSIFICATIONS

5.1 "Persons on Contract" are excluded from the Union. They include external professionals, such as lawyers,

accountants, actuaries, facilitators, photographers etc., and Society representatives on paid release time, or

clerical support staff, who are hired on an hourly or honorarium basis directly or through an agency on an ad hoc

basis to perform duties of a temporary, short-term nature of less than three (3) months unless there is joint

agreement for a longer assignment. With respect to regular employees who have taken either a pregnancy or

parental leave or who are on LTD leave, the Employer may hire a contract employee for up to a maximum of

one (1) year without requiring the consent of the Union.

Duties may include special research projects, the replacement of employees who are absent due to vacation,

illness, leaves of absence, parental leaves, etc., or to augment existing staff performing clerical work in a heavy

work load situation, or to effect a smoothing of the workload. Such persons shall not be used to displace

employees in the bargaining unit.

5.2 "Temporary employee" means an employee who is a member of the bargaining unit hired for a short-term

assignment which is not ongoing (i.e. normally six (6) months, but which can be extended up to an additional six

(6) months by the Employer upon review by the Employer and the Union.)

Where the temporary employee is hired to cover an SSU member on an approved leave greater than 12

months, the Society may seek agreement to extend the temporary employment for the full duration of the

assignment. Such agreement will not be unreasonably withheld where the period is up to 24 months.

5.3 "Regular employee" means an employee who has successfully served the required probationary term.

5.4 "Reduced Hours of Work Regular Employee" means an employee who has regular status but works less than the

normal weekly hours of work (i.e. 35 hours). The employee's service, benefits and working conditions are pro-

rated and based on the entitlements of regular employees (see Article 38).

ARTICLE 6 - UNION SECURITY

6.1 All Employees to be Members

All employees covered by this Agreement shall become and remain members in good standing of the Union

according to the Constitution and Bylaws of the Union. An exemption will be permitted where the individual

demonstrates through written communication from a recognized leader of the particular religious community in

question that the person has:

a) a bona fide religious objection to being a member of a union; and b) no religious objection to working for a union; and c) no religious objection to paying dues to a union.

6.2 Dues Deduction

The Employer shall deduct from every employee in the bargaining unit any weekly dues, assessments and

initiations in accordance with the Union Constitution and Bylaws.

Deductions shall be made from the payroll period at the end of each week and shall be forwarded to the

Financial Officer of the Union not later than the 15th day of the month following, accompanied by a list of the

names of all employees and the amounts of deductions from each.

The Employer will inform the Union of the name and address of all newly hired employees at the time of

commencement of employment with the Employer. The Employer further agrees to inform the Union of the

name of any employee leaving the employ of the SUP.

ARTICLE 7 - CORRESPONDENCE

All correspondence between the parties, arising out of this Agreement or incidental thereto, shall pass to the Officers of

the Staff Union and designated representatives of the Employer.

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ARTICLE 8 - JOINT SOCIETY STAFF UNION/SOCIETY COMMITTEE

8.1 Joint SSU/Society Committee (JSSC)

A Joint SSU/Society Committee (JSSC) composed of up to three representatives of the Union and three

representatives of the Employer will be responsible for negotiating renewal agreements. Negotiations between

the parties shall take place through the JSSC. Bargaining shall be conducted in good faith and both parties shall

make every reasonable effort to reach agreement on matters of mutual interest as expeditiously as possible.

For purposes of collective bargaining, the Employer and the Union will share the costs of third parties. The

Employer agrees to compensate Union representatives for all time as may be required for two party negotiations

(i.e. negotiations prior to an application to the Ministry of Labour for Conciliation or mediation services) at

100% of base hours/pay rate. It is agreed that not all bargaining will take place during normal business hours.

The Union will reimburse the Employer for all lost time due to collective bargaining following an application to

the Ministry of Labour for Conciliation or Mediation services.

During the term of the Agreement, the JSSC will meet at least four times a year at regularly scheduled intervals

to handle matters arising out of the Agreement. The JSSC will also be convened to discuss and resolve matters

relating to working conditions and any other matters of interest to either party including work load and staff

assignments. Quarterly meetings of the JSSC normally will be during working hours without loss of pay for

Union Representatives.

In the event that either party wishes to call an additional meeting of the JSSC to deal with an emergency issue,

the meeting will be held within 10 days following receipt of the notice. The time and place of the meeting will be

fixed by mutual agreement. Emergency issues concern items that cannot be reasonably delayed until the next

regular scheduled meeting. The base pay of Union representatives attending ad hoc meetings of the JSSC will

also be maintained. The Union agrees that these ad hoc meetings may be scheduled to overlap the noon hour or

start at 3:30 p.m.

The Employer shall make available to the Union, on request, information required by the Union such as positions

in the bargaining unit, job classifications, descriptions and requirements, wage rates and benefit plans.

ARTICLE 9 - HEALTH AND SAFETY

It is agreed that up to two (2) representatives of each Party shall sit as representatives on the Joint Health and Safety

Committee. All JHSC representatives will be certified or shall become certified in a reasonable amount of time and

shall exercise the rights of certified members. To facilitate the Society in meeting and where possible exceeding its

obligations under the Occupational Health and Safety Act, certified JHSC members shall have the unilateral authority to

stop unsafe work or to stop work, or prevent the start of work, where circumstances pose a danger to the health and

safety of the worker(s). It is understood that the JHSC representatives shall exercise their rights in good faith. It is

agreed that employees directly or indirectly affected by the application of this Article will not suffer any loss of wages

or disciplinary action.

ARTICLE 10 - GRIEVANCE PROCEDURE

Any employee, the Union or Employer may present a complaint at any time without recourse to the Grievance

Procedure. It is also acknowledged that grievances can provide an opportunity for improved mutual understanding, and

that the following grievance procedure should be applied in a constructive spirit, without delay and without

recrimination or reprisal. It is recognized that strictly enforced deadlines may inhibit a process of problem-resolution;

however, either party may rely on time limits providing they give five days’ written notice.

10.1 Definition of a Grievance

A grievance shall be defined as a difference arising between the Employer and any employee within the

bargaining unit or the Employer and the Union relating to the interpretation, application or administration or

alleged violation of this Agreement. An employee's grievance may also arise from the unreasonable exercise of

management discretion in the interpretation, administration and application of this Collective Agreement.

10.2 Grievance Procedure

10.2.1 Individual employee complaints will be initiated at Step 1 of the grievance procedure. A Union or

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Employer grievance will be initiated at Step 2.

10.2.2 The Employer agrees that the Union's official representative(s) at Step 1 and on the Step 2 Grievance

Committee will suffer no loss of salary while attending joint meetings. The Employer further agrees that

the grievor will suffer no loss of salary should the Union choose to have him/her attend a Step 1

meeting. It is agreed that the Union will cover the full costs of its representatives at Step 3 (Arbitration)

and any additional representative(s) it chooses to attend other Steps of the grievance procedure beyond

the official representation provided for in this Agreement.

10.2.3 Both parties reserve the right to refer disputes to the Ontario Labour Relations Board as per Sections 48

and 49 of the Ontario Labour Relations Act.

10.2.4 The Employer and the Union undertake to provide independent facilitation where this is a reasonable

approach to resolving the complaint. Any costs will be shared equally between the parties. The

Employer and the Union will designate and give written notice of their contact representatives in the

grievance procedure.

10.2.5 A resolution other than an Arbitrator's decision at Step 3 will be without prejudice and will not

constitute a precedent in any other matter between the parties except by written agreement.

10.2.6 The parties support the principle of full and early disclosure of evidence that would be relied upon in

the grievance process. In no case, except where there is mutual agreement, will disclosure be after the

completion of Step 1 in the case of an employee's grievance or the completion of Step 2 in the case of a

Union or Employer grievance.

10.2.7 Grievance Procedure

Step 1

Before submitting a written grievance, an employee is encouraged to discuss the matter with his/her

supervisor and every effort should be made to resolve it informally. An employee may, if desired, be

assisted or represented by the Union during such discussions.

The Union will file an employee's grievance within 25 working days of the date the employee

reasonably should have been aware of the occurrence of the circumstances giving rise to the grievance.

The Union will provide a written statement of the grievance and identify the Union representative. The

Employer's representative and the Union's representative will meet to attempt resolution within 10

working days of the date the grievance is filed. The grievor may attend the Step 1 meeting at the

Union's discretion.

Step 2

The Union may advance an unresolved grievance to Step 2 within 10 working days of the end of the

Step 1 limitation period. A Union or Employer grievance shall be initiated at Step 2. The party filing

the grievance will provide a written statement of the grievance and identify its grievance representative.

The President of the SSU and the President of the SUP will each name up to two representatives to a

Step 2 Grievance Committee which will meet to attempt resolution within 10 working days of the date

the grievance is filed. Agreement by the Step 2 Committee will be reflected in writing and be final and

binding on the parties.

Step 3-Arbitration

Either party may refer its unresolved grievance to arbitration within 30 working days of the end of the

Step 2 limitation period. Arbitration shall be by a single arbitrator chosen by mutual agreement. The

hearing before the arbitrator shall commence within 30 working days of the date of appointment and the

arbitrator shall be directed to deliver the award within 60 working days of the commencement of the

hearing. Each party shall assume its own costs of the arbitration proceedings and shall share equally the

cost of the arbitrator.

An arbitrator shall consider any difference, which arises between the parties relating to the

interpretation, application, or administration of this Agreement, including any question as to whether

any matter is arbitrable, or where an allegation is made that this Agreement has been violated. The

Arbitrator shall consider only such evidence as is presented by representatives of the Employer and the

Union.

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The arbitrator shall have the power to settle or decide the issues referred to him or her in a fair and

reasonable manner. The arbitrator's decision shall be final and binding on the parties. The arbitrator

shall not have the power to change, amend or terminate this Agreement.

ARTICLE 11 - DISCIPLINE OR DISCHARGE

All discipline will be for just cause. The Employer affirms its commitment to the principle of progressive discipline,

except in cases of gross misconduct (e.g. fraud, theft, violence) that may result in summary termination.

In the event the Employer initiates a disciplinary action, the employee shall be notified in writing by the Employer, with

full disclosure of the reasons, grounds for action and/or penalty, with a copy to the President of the Union.

Any employee appearing before the employer or employer representative may be accompanied by an officer of the

union.

Note: See Article 41 for performance management.

ARTICLE 12 - CROSSING OF PICKET LINES

The parties agree to make their best efforts to enable employees to carry out their assigned duties without having to

cross picket lines of another union pursuant to a legal strike. In the event no agreement is reached on alternative

arrangements, an employee's personal decision to refrain from crossing the picket line shall not be grounds for

disciplinary action. In such situations the employee will not be paid for lost time. The Union agrees that the decision to

cross or not to cross picket lines rests fully with the individual employee.

ARTICLE 13 - PERSONNEL FILES

An employee may view his/her personnel file upon request and has the right to place information into his/her personnel

file. An employee shall have the right to be accompanied by a Union representative when viewing the file. Where a

grievance has been filed, the Employer shall provide the grievor with a copy of pertinent information from the

personnel file.

A Union representative may examine an employee's personnel file on behalf of an employee provided he/she has the

written authorization from that employee to do so.

After 24 months, any adverse report shall be removed from the employee's file except under circumstances of

subsequent repeated incidents that are related in nature.

ARTICLE 14 - TEMPORARY EMPLOYEES

A temporary employee shall be entitled to:

• Vacations: payment of the prorated 15 days adjusted earnings or 6%, whichever is greater.

• Sick Leave: Credits for one-half day at 100% pay for each month of accumulated service. At the start of employment, sick leave credits will be calculated and credited to the employee on the basis of the expected

duration of employment. Any negative pay adjustments as a result of sick leave use and the employee terminating

earlier than expected will be made in the final pay period and in combination with other pay adjustments for

outstanding vacation pay etc. Upon six months of service, sick leave accumulation will be at a rate of 1.5 days per

month up to a maximum of 18 days a year.

• Severance: when a temporary employee is terminated prior to the end of the assignment for other than just cause, he/she will receive at least two weeks' notice in writing or two weeks' pay in equivalent to notice. For employees

with more than six months' service, notice will be no less than four calendar weeks.

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Notice will be given to the Union of all temporary employees, the reason and approximate duration of their

employment, the expected job duties and the salary classification for the position.

The Union agrees that the Employer may appoint a temporary employee to a regular position without advertising the

vacancy where the duties are substantially the same as those performed by the temporary employee. In the event the

position is advertised, and the duties are substantially the same as performed by the temporary employee, the temporary

employee will receive priority consideration over external applicants subject to a satisfactory evaluation of his/her

performance. If appointed to a regular position, service in the temporary assignment will be considered as probationary

service.

The employer shall notify the union in writing of any decision to eliminate a temporary position prior to the expiry of

the planned term of the temporary employment contract.

ARTICLE 15 - PROBATIONARY EMPLOYEES

Newly hired employees or temporary employees who have not completed a probationary period and are appointed to a

regular position, shall be considered on a probationary basis for a period of up to six (6) months. During the

probationary period, employees shall be entitled to all rights and privileges of this Agreement (except as otherwise

stated). The employment of such employees may be terminated at any time during the probationary period for

unsatisfactory performance or just cause.

ARTICLE 16 - PROMOTIONS AND STAFF CHANGES

16.1 Job Postings

16.1.1 When a vacancy occurs or a new position is created, either inside or outside of the bargaining unit, the

Employer shall notify each employee and post notice of the position for a minimum of two (2) weeks in

order that they may apply in writing for the job if they so desire.

16.1.2 Such notices shall contain the following information:

Nature of position, qualifications, required knowledge and education, skills, wage or salary rate or

range. The posting shall reflect the expected job content.

16.2 Method of Making Appointments

16.2.1 In filling vacancies for regular positions that represent a lateral or demotion and do not involve

supervision, appointments shall be made of the applicant with the greatest seniority from among those

meeting the required qualifications to perform the duties of the position.

16.2.2 Where the Employer finds that it is not possible to make the appointment within thirty (30) days of the

closing of the posting, the Union will be entitled to reasons upon request.

16.2.3 The Employer shall select the successful applicant and shall inform the unsuccessful bargaining unit

applicant(s) in writing, and upon request, inform him/her of the basis for being denied the position.

16.3 New or Significantly Changed Positions

Where new positions are created within the bargaining unit or the duties of existing positions have significantly

changed, the Employer will advise the Union of the proposed salary classification (e.g. SS1, SS2, etc.).

Disputes concerning salary classifications for new or changed positions shall be referred to the JSSC for

resolution. The JSSC will provide due consideration of the salary classification for the position relative to the

salary classifications and required skills, experience and responsibilities of other positions in the bargaining unit.

In the event that the JSSC is unable to reach agreement on the salary classification for the position, the matter

will be referred to Step 3 Arbitration in the Grievance Procedure for determination and resolution of the

appropriate salary classification (and not the individual step in the rate structure).

Staff Officer Assignments

All future job assignments shall be allocated by the employer through prior consultation with the Union

Executive.

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When a job assignment is created or becomes open, the Staff Director shall advise the SSU Executive and enter

into a discussion with the SSU Executive concerning the vacant assignment. Normally, where two or more

applicants/ volunteers are comparably qualified, seniority will govern the selection process. If there are no

volunteers for filling the vacancy, the employer may advertise the position externally. This provision applies

only to ‘specialist’ assignments (i.e. training, communications, research, policy, external relations, organizing)

and does not apply to Staff Representative bargaining unit support assignments.

16.4 Office Selection

If an enclosed office that was previously occupied by a SSU-represented staff member becomes vacant, the

office will be offered by seniority to a SSU-represented staff member who at that time occupies a non-enclosed

office (excluding reception and reception backup). If additional enclosed office(s) are built for SSU-represented

staff, they shall also be offered by seniority to a SSU-represented staff member who at that time occupies a non-

enclosed office. All other office allocation will be done in accordance with employer need.

16.5 Salary Treatment on Promotion

A promotion is where an employee is appointed to fill a position in which the demands and responsibilities are

greater than in the employee’s current job and the position is a minimum of one salary grade higher than the

employee’s current job. It is normally expected that an employee will receive a salary increase upon promotion

to compensate for the greater demands and responsibilities of the new, or revised, job. A promoted employee

will be placed at the step in the rate structure which reflects the amount of directly related experience relative to

the new or revised job.

16.6 Salary Treatment on Reclassification

For incumbent(s) of position(s) that have been reclassified to a higher/lower salary classification, Management

will set the step in the rate structure based on the amount of directly related experience relative to the

higher/lower rated job. Retroactive payments, if any, will be limited to the date the SSU was notified under

article 16.3, or the job review was officially initiated by the employee or the Union. In order to qualify for

retroactivity, the employee must be able to demonstrate that he/she has performed all of the relevant duties and

responsibilities which resulted in the reclassification for the entire period.

An employee will normally receive a pay increase on reclassification to a higher rated position. An employee

reclassified to a lateral position will normally receive no increase in current pay. An employee who accepts

placement in a lower rated position or is reclassified to a lower rated position will normally have his/her pay rate

frozen until the employee’s current pay entitlement as determined by the salary grade and step in the rate

structure exceeds the frozen level.

Short- term increases in the employee’s actual job duties/responsibilities do not require reclassification but may

be subject to the relief provisions of this Collective Agreement. (Article 17)

Reclassifications of existing positions also may be considered as promotions when significant additional job

duties/responsibilities are to be added and it is expected that the employee will continue to perform these

additional job duties and responsibilities on an ongoing basis.

16.7 Present Classifications

Existing classifications and positions will not be eliminated without prior discussion with the Union.

16.8 Union Notification

The Union shall be notified of all appointments, hirings, lay-offs, transfers, recalls and terminations of

employment within the bargaining unit.

16.9 The employer will ensure that job descriptions exist for all bargaining unit positions. The employer will consult

with affected employees and the union about the creation and any subsequent revision of job descriptions.

16.10 The employer will create a SS4/SS5 promotion-in-place position in the Society’s information technology

function, with appropriate progression criteria, within the bargaining unit.

16.11 Regular Workplace

16.11.1 Unless specified otherwise as set out below, the regular workplace for all employees is 2239

Yonge Street, Toronto, Ontario, M4S 2B5.

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16.11.2 The employer may at the time of a job posting for a new or replacement position, assign a

position to another regular workplace. In such case, the location shall be identified on the

posting for the position. In such case, that alternate workplace shall, for all purposes of the

Collective Agreement, and all Society Policies and Procedures, be the employee’s regular

workplace.

16.11.3 An employee whose regular workplace is not 2239 Yonge Street will be reasonably required to

attend meetings and other events at that location, when so required by the Staff Director.

16.11.4 Where an employee, through voluntary participation in the job posting process, changes regular

workplaces, Article 31 is invoked.

16.11.5 In the case of 16.11.04 above, if the Parties are unable to conclude an agreement as per Article

31 of the Collective Agreement, then the voluntary participation in the job posting ceases and

the Employee shall continue with his/her job assignment as prior to the voluntary participation.

ARTICLE 17 - PAY FOR TEMPORARY ASSIGNMENT TO A HIGHER RATED JOB

Relief

Relief is used to cover (a) short term absences for vacation, sickness, relief absences, etc. (b) short term bridging

periods for selections, and (c) short-term emergency situations.

When an employee is assigned to relieve in a higher rated position, he/she shall receive a minimum of a 3% salary

increase when assigned to work in a higher rated position subject to:

a) the position being filled to satisfy operating requirements; and b) the employee performing all or most of the normal job duties of the position as expected during the course of the

assignment.

Where a temporary assignment to a higher rated position is discretionary and optional for the employee, pay treatment

is also discretionary. Discretionary means that the temporary assignment is not required to be filled to satisfy operating

requirements, in the opinion of the Employer, and represents a developmental opportunity.

Rotations

Any relief assignment in a higher rated position that extends beyond six (6) months shall be considered a rotational

assignment. The employee shall be placed at the appropriate step rate in the higher rated position that reflects an

increase over their base rate position.

Where a rotational assignment extends beyond a one year duration, the Employer will review the scope of the duties

performed by the employee performing the rotation.

ARTICLE 18 - LAY OFF AND RECALL PROCEDURE

This Article applies only to regular employees. Reduced hours employees will have their notice time based

entitlements calculated as if all service had been worked full time.

18.1 Lay Off Procedure

18.1.1 Union Notification

The parties agree that job security shall increase in proportion to the length of service unless the

viability of the work unit is seriously undermined. If there is to be a reduction in the number of

employees within the bargaining unit, the Employer shall provide the Union with as much advance

notice as possible (no less than 8 weeks basic notice prior to the layoff) and discussion shall begin

immediately in an effort to avoid, minimize or mitigate the number and detrimental effects of layoff.

Should layoffs still be necessary, they shall take place in reverse order of seniority subject to retaining

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those employees who have the necessary qualifications and experience, or can within a reasonable

period of time acquire the qualifications and experience, needed to perform the remaining work. A

reasonable period of time to acquire needed qualifications and experience should not exceed six (6)

months.

In the event that layoffs are required, no one shall be hired until those laid off have been given an

opportunity for employment. Further, non-regular employees shall be laid off prior to the layoff of any

regular employees who are qualified to perform the work. As well, any person on contract, including

Society-represented employees on rotation or contract in the Society office, shall be terminated prior to

the layoff of any employee within the bargaining unit who is qualified to perform the work.

18.1.2 Basic Notice

Employees who are to be laid off will be given advance written notice of a minimum of twenty-four

(24) weeks prior to their layoff status being confirmed. The written notice will contain:

➢ the cause of the layoff

➢ reference to this Article

➢ the date layoff will be confirmed.

18.1.3 Service Based Notice/Confirmation of Lay Off

At the conclusion of the basic notice period, employees to be laid off will receive written confirmation

of layoff. This letter shall lay out all terms and conditions of layoff as set out in this Article.

Upon receipt of the written confirmation of layoff, employees shall be entitled to full pay and benefits

for a further service-based period equal to two weeks per year of service for the first 5 years and 1 week

per year of service thereafter. The maximum available notice period (basic plus service based) shall be

the equivalent of 40 weeks at the employee's normal base salary. An employee shall have the option of:

(a) working reduced hours (i.e. a 4 day work week with a 20% reduction in pay) during the service

based notice period in order to provide for the opportunity of job search; or

(b) voluntarily terminating employment and receiving 50% cash value of any remaining portion of

service based notice period plus 100% of severance entitlements.

Benefits will be continued during the service based notice period regardless of which option is selected.

18.1.4 Withdrawal of Lay Off Notice

Notice of layoff can be withdrawn at any time during the confirmation of layoff period. Withdrawal of

such notice must be in writing. Once notice is withdrawn, any further application of this Article under

that notice of confirmation is null and void. If the layoff of the employee reoccurs for any reason, this

Article must be applied in its entirety.

If notice is withdrawn and the employee returns to a lower-rated position, the employee shall not suffer

loss of salary or benefits. The employee's salary shall be red-circled until economic increases and

progression through the steps in the rate structure bring the salary level in line with the employee's pay

rate at the lower-rated position.

18.2 Severance

Severance pay for the purposes of this Article will be calculated at a rate of two (2) weeks for each year of

continuous service at the termination of employment date up to a maximum of 40 weeks' pay less past severance

paid to the employee under this Article. It will be calculated at the weekly rate for base hours of work to the

nearest whole month (30 days). Credit will be given on a prorated basis for any service which exceeds a whole

year to the nearest whole month (30 days).

Severance pay is paid only when employment is terminated under this Article.

18.3 Recall Procedure

Regular employees shall be recalled in the order of their seniority provided they have the necessary

qualifications and experience, or can within a reasonable period of time acquire the necessary qualifications and

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experience, needed to perform the available work. A reasonable period of time to acquire needed qualifications

and experience should not exceed six (6) months.

Employees who have been laid off shall retain their recall rights for 12 months providing they elect to receive

their severance entitlement on a weekly basis from the date of lay off. Weekly severance entitlements would

cease upon reemployment with the Employer. The employee must keep the employer advised of their current

mailing address and telephone number.

18.4 Voluntary Lay Off

An employee who would not otherwise be laid off may volunteer to be laid off, subject to the following:

The withdrawal of notice of layoff will be offered in descending seniority order to those laid off employees who

are qualified to perform the duties and responsibilities of the position of the employee who is volunteering. This

must result in the withdrawal of notice of lay off status from the laid off employee. The employee who is

volunteering to be laid off will assume the lay off entitlements of the laid off employee who has his/her lay off

status removed. The exchange of employees arising out of the application of these provisions is subject to the

approval of the Society. The decision to approve (or disapprove) will be on the basis of a further disruption to

the work.

18.5 Training Funds

The Society will reimburse laid off employees for tuition and the cost of books for courses, or outplacement

services, initiated within the recall period that are focused on assisting the employee’s external redeployment up

to a maximum of $5,000.

Article 19 - Employer Merger

In the event of a merger (defined as a change of employer) the following shall apply:

1. There will continue to be union involvement in the Strategic Planning Committee.

2. The union will have significant involvement in any merger discussions.

3. The Society will ensure that:

a. Either a reasonable job is found for the employee for the longer of: i. the duration of the collective agreement; or

ii. a period of 52 weeks; or iii. for a period equal to the employee’s total notice and severance entitlements;

OR,

b. if no reasonable job can be found, then the employee will be paid his/her full surplus entitlements, unless the employee chooses to accept the unreasonable job;

c. in the case where a job is determined to be unreasonable after the merger, the employee will be entitled to the remainder of either the 52 weeks’ entitlement or the employee’s total notice and severance

entitlements, whichever is greater, if the employee chooses not to remain in the position.

(Note: The clock starts the day of the merger.)

4. A dispute resolution process will be designed to deal with issues regarding the reasonableness of a job offer. This procedure will be jointly developed by a sub-team.

5. The Parties will jointly seek a legal opinion on making these provisions enforceable.

6. The following principles will be used to determine the reasonableness of a job offer:

a. There are two general categories associated with the reasonableness of the job offer:

i. Job Duties - the new position must on balance be substantially the same as the old position,

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including its temporary, probationary, or regular classification, considering the duties of both

positions and the qualifications and experience of the employee. Employees ought to be able to

perform the duties of the new position within a reasonable period of time.

Without limiting the generality of the foregoing, a requirement for bilingualism in the new position

and the training support to be provided to achieve that capability will be considered in determining

whether the new position is substantially the same as the old position.

ii. Working Conditions - the working conditions of the new position must on balance be equivalent to the working conditions of the old position, where “working conditions” are described in the

following list:

• Must not go to a non-unionized work environment without a successor collective agreement

• Article 10 – grievance procedure

• Article 11 – just cause provision

• Article 12 - crossing picket lines – no discipline for refusal to cross

• Article 17 - relief pay – some reasonable pay for “higher rated job”

• Article 18 - lay off and recall procedure - Senior qualified persons retain positions over junior

- Same number of weeks entitlements

- Recall procedure

• Article 21 - vacations

• Article 25 - sick leave

• Article 27 – employee benefits

• Article 28 - meals and expenses

• Article 29 – transportation

• Article 31 - moving expenses

• Article 35 - wages

• Article 36 - Hours of Work – retain 36.1

• Article 37 – Overtime – pay or lieu time for overtime

• Article 41 - Performance Appraisal

In making this determination, special weight shall be given to salaries, overtime provisions, and

hours of work.

Note: Other items can be added to this list by joint agreement of the parties.

The general test for a reasonable geographic move shall be the reach of the GO transit system.

This geographic requirement shall also be specially weighted in the consideration of the

reasonableness of the position.

b. Notwithstanding the above, any single criterion or consideration, which would in itself amount to constructive dismissal, would render the position unreasonable.

c. Notwithstanding the above, a job will be considered unreasonable if the existing “seniority” (as defined in the Current Collective Agreement) of the employee is not carried into the new position.

ARTICLE 20 - PAID HOLIDAYS

20.1 Statutory Holidays and Floating Holidays

20.1.1 Statutory Holidays

The following days are recognized by the Employer as Statutory Holidays:

New Year's Day Christmas Day Good Friday

Boxing Day Victoria Day Labour Day

Canada Day Thanksgiving Day Civic Holiday

Easter Monday Family Day

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If a Statutory Holiday falls on a day when an employee is off on sick leave, pay is not charged against sick leave

credits for that day. A Statutory Holiday falling within an employee's vacation period is not counted as part of

the vacation, but is taken as an extra day of holiday.

Payment for statutory holidays will be on the basis of straight time for the normal hours of work per day.

(i) When Canada Day falls on a Saturday or Sunday, it shall be observed on the following Monday.

(ii) When Christmas or Boxing Day fall on a Saturday or Sunday, the holiday(s) will be observed on the next

regular working day(s)

When Christmas Day falls on a Tuesday, Boxing Day shall be observed on Monday.

When Christmas falls on a Wednesday and Boxing Day falls on Thursday, the Friday following Boxing

Day will be granted as an additional holiday. The days of observance will not be moved.

(iii) When New Year's Day falls on a Saturday, an additional holiday shall be granted on either the preceding

Friday or the following Monday. The day of observance will not be moved.

When New Year's Day falls on a Sunday, it shall be observed on Monday.

20.1.2 Floating Holidays

Employees who have completed 20 weeks of continuous service in any calendar year are entitled to

(3) three floating holidays. Such days will be taken on dates mutually agreeable to the employee and

the supervisor. Floating Holidays must be taken in the calendar year they are earned (i.e. there is no

carryover for floating holidays).

If an employee terminates after completing 20 weeks of continuous service in a calendar year, the

Employer will make a cash payment in lieu of any unused floating holiday credits.

If an employee terminates prior to completing 20 weeks of continuous service in a calendar year,

entitlement is as follows:

➢ An employee not entitled to floating holidays in the previous calendar year is not entitled to floating holidays in the current calendar year. If an employee has been granted a floating

holiday(s), the Employer will recover one day's pay for each floating holiday taken.

➢ For an employee entitled to floating holidays in the previous calendar year, entitlement will be prorated based on the number of weeks of continuous service in the year of termination. The

Employer will either make a cash payment for any unused floating holiday credit or recover the

value of any unearned portion taken.

20.2 Remembrance Day

Employees who can verify that they have served in the Canadian Armed Forces, and those in the Reserve

components of the Canadian Armed Forces, will be eligible for time off with pay or payment if required to

work on Remembrance Day.

ARTICLE 21 - VACATIONS

21.1 Service Based Vacation Entitlements

A regular employee shall be entitled to:

a) Less Than One Year of Service

One and one-half (1 1/2) working days vacation for each full month of service completed between the

commencement of employment and December 31st to a maximum of three weeks (15 working days)

vacation.

b) One to Ten Years of Service

Twenty (20) working days (four weeks) vacation annually in the calendar year in which the employee has

completed from one (1) to ten (10) years’ of service by the end of the calendar year.

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c) Eleven to Twenty Years of Service

Twenty-five (25) working days (five weeks) vacation annually in the calendar year in which an employee

has completed from Eleven (11) to twenty (20) years’ of service by the end of the calendar year.

d) Twenty-One to Thirty Years of Service

Thirty (30) working days (six weeks) vacation annually in the calendar year in which an employee has

completed from twenty-one (21) to thirty (30) years’ service by the end of the calendar year.

e) Thirty-One or More Years of Service

Thirty (35) working days (seven weeks) vacation annually in the calendar year in which an employee

completes thirty-one (31) years’ service and in each succeeding year.

21.2 By mutual agreement, an employee may carry over a maximum of 10 days (two weeks) vacation to the following

calendar year.

21.3 At point of hire, all new employees will receive up to four years of service credits based upon previous related

and relevant experience.

21.4 Cancellation of Vacation

When the appropriate supervisor makes it mandatory for an employee to cancel vacation, the Employer upon

submission of receipts shall reimburse cancellation costs thus incurred.

21.5 Vacation Without Pay

By mutual agreement regarding scheduling, up to one week off without pay may be taken by employees for

vacation purposes.

21.6 Banked Vacation

Upon eligibility for 25 working days (five weeks) of annual vacation, employees may defer and accumulate any

vacation entitlement beyond 15 days per year. A maximum of 30 weeks' vacation may be banked. Banked

vacation may be taken as a cash payment upon retirement.

21.7 Vacation Pay on Retirement/Termination

Upon termination, an employee will receive her/his prorated vacation entitlement for each full month of service

for January 1st until the date of termination minus vacation taken in the current calendar year.

21.8 Displacement of Vacation When Sick

An employee may replace a vacation day(s) with a sick day(s) if, on the first day of the illness (or depending

upon the gravity of the illness, as soon as reasonably possible thereafter) the employee contacts the Staff

Director to provide notification of the illness and upon return to work, provides documentation from their

treating physician that their illness is such that they would not have been able to work on the day(s) in question.

21.9 Pre-Approval for Vacation and Leave

The employer will require prior written notice and Staff Director’s approval before the employee takes any time

off, other than sick leave. Such request shall not be unreasonably withheld.

ARTICLE 22 - LEAVE OF ABSENCE

Upon return from an approved leave of absence, the Employer will appoint the employee to the same position, if it still

exists, or to a comparable position to the position held prior to the leave.

22.1 Leave for Union Business

Upon reasonable notice from the Union the Employer will grant representatives of the Union leave from their

employment temporarily in order to carry out Union business. The Union shall reimburse the Employer for such

leaves unless there has been mutual agreement for the Employer to pay such costs.

22.2 Leave for Public Duties

Upon written request, the Employer shall consider unpaid leave of absence up to a maximum of 12 months so

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that the employee may be a candidate in federal, provincial or municipal elections. The Employee shall be

granted the option of continuing insured benefits coverage at his/her cost.

22.3 Bereavement Leave

An employee shall be granted leave without loss of pay and benefits in the case of the death of a family member

up to five (5) working days except where an extension is jointly agreed upon between the employee and

Employer.

Where the burial occurs outside the province or a distance exceeding 500 kilometres from the employee's

residence, such leave shall include, as well, reasonable traveling time, the total not to exceed seven (7) days. In

the case of serious illness, or other circumstances, consideration shall be given to a special leave of absence.

22.4 Jury or Court Witness Duty

The Employer shall grant leave of absence without loss of seniority or loss of benefits to an employee who is

called as a juror or witness in any court. The Employer shall pay such an employee the difference between

his/her normal earnings and the payment he/she receives for jury service or court witness excluding payment for

traveling, meals, or other expenses. The employee will present proof of service and the amount of pay received.

22.5 General Leave

The Employer may grant leave of absence without pay and without loss of seniority to any employee requesting

such leave for good and sufficient cause. Such requests should be in writing and are subject to approval by the

Employer. In determining whether good and sufficient cause exists, the Employer shall consider the following:

• Reason for the leave

• Employee’s length of service

• Personal Reasons

• Employee’s personal career development

• Whether any experience gained by the employee while on leave will be of value or benefit to the Employer

• Impact on Work Program

22.6 Pregnancy/Parental Leave

Unless otherwise specified, the pregnancy/parental leave entitlements shall be the same as that provided under

the terms of the Employment Standards Act.

For the year in which a pregnancy/parental leave has been taken, the employee’s performance assessment and

step progression pay rate under Article 35.2 will be based on demonstrated performance for the time worked

during that year.

22.6.1 Benefits Under the Supplementary Unemployment Benefits (SUB) Plan

(a) In order to be paid a leave benefit in accordance with the SUB Plan, the employee:

(i) must provide the Employer with proof that she/he has applied for and is eligible to receive

unemployment insurance benefits pursuant to the Employment Insurance Act (EI); and

(ii) must be a regular employee and employed by the Employer for at least 13 weeks

immediately preceding the date of delivery/adoption; and

(iii) must (a) be on pregnancy leave, OR (b) be on parental leave and be designated as the primary

caregiver after gaining custody of the child, through a legal adoption where the child is raised

in the home.

(b) According to the SUB Plan, payments for employees on pregnancy leave will consist of the

following:

(i) payments equivalent to ninety-three percent (93%) of the employee's base pay for the week

prior to receiving EI benefits, as found in point ii below, which will include any EI waiting

period; and

(ii) when receiving EI benefits, up to sixteen(16) additional weeks payments, equivalent to the

difference between EI benefits the employee is eligible to receive and 93% of the employee's

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normal base pay. Other earnings received by the employee will be considered so that the

total combination of the SUB plan, EI benefits and other earnings will not exceed 93% of the

employee's normal base pay.

(iii) in the case of legal adoption, the primary caregiver shall receive the equivalent of 93% of

base pay in each of the 12th, 13th and 14th weeks of leave.

(iv) where an employee becomes eligible for an annual increment/salary schedule adjustment during the period of pregnancy/parental leave, the above payments will be adjusted

accordingly.

c) According to the Supplementary Unemployment Benefit Plan, payments for employees while they

are on parental leave will consist of the following:

i) if the employee is required, under EI rules, to forego benefits during an EI waiting period at

the commencement of the parental leave:

1. payments equivalent to ninety-three percent (93%) of the employee's base pay for the

week prior to receiving EI benefits, as found in point 2 below, which will include any EI

waiting period; and

2. when receiving EI benefits, up to eight (8) additional weeks payments, equivalent to the

difference between the EI benefits the employee is eligible to receive and ninety-three

percent (93%) of the employee's base pay. Where the employee's base salary exceeds 1.5

times the Years Maximum Insurable Earnings, the employee will receive an additional

$300 as a lump sum as full compensation for any claw-back that may be required by

Revenue Canada or any other government agency.

ii) if the employee is not required, under EI rules, to forego benefits during an EI waiting period

at the commencement of the parental leave:

1. when receiving EI benefits, up to ten (10) weeks payments, equivalent to the difference

between the EI benefits the employee is eligible to receive and ninety-three percent (93%)

of the employee's base pay. Where the employee's base salary exceeds 1.5 times the

Years Maximum Insurable Earnings, the employee will receive an additional $300 as a

lump sum as full compensation for any claw-back that may be required by Revenue

Canada or any other government agency.

(d) These payments will only be made if the employee signs an agreement with the Employer

providing:

(i) that she/he will return to work and remain in the SUP's employ for a period of six (6) months

from the date of return to work;

(ii) that she/he will return to work on the date of the expiry of pregnancy/parental leave, unless

this date is modified with the Employer's consent or unless the employee is then entitled to a

leave extension provided for under this Agreement.

(e) The Employer will continue to pay the Employer's share of the cost of benefits for employees

granted pregnancy leave or parental Leave. Employees on pregnancy or parental leave shall be

entitled to normal accumulation of service credits. An employee on parental leave does not

qualify for sick leave.

22.7 SELF-FUNDED LEAVE PLAN*

22.7.1 Each employee may participate in the Self-Funded Leave Plan that the Employer shall make available

to the employees.

22.7.2 The Principles of the Voluntary Leave Plan (“the plan”) shall be as follows:

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i) Any Employee who chooses to participate in the Plan shall inform the Employer of the following

prior to making contributions to the plan:

a) The date the leave will commence;

b) The length of the leave;

c) The percentage of regular wages the employee wants to contribute to the plan.

ii) The employee must give the Employer at least one (1) year’s notice prior to the effective date of their self-funded leave.

iii) A leave of absence may not be taken under the Plan more than once every five (5) years and each Leave of Absence shall be for a period of not less than three (3) months and not more than one (1)

year. The Leave must be granted no later than five (5) years after the first contribution is made.

The employee must return to regular work with the employer after the leave for a period that is not

less than the period of the leave.

iv) The Employer will establish a separate leave account for each employee participating in the Plan,

and the desired percentage of wages and corresponding percentage of retirement savings will be

paid into the account on behalf of the employee every pay period. Interest shall be calculated at

the same rate as applied to the Society reserve account.

v) All provisions of the collective agreement shall continue to apply to the employee on leave except

as otherwise noted in this Article.

vi) Seniority as defined in Article 4.5 of the collective agreement will continue to accumulate for the

period of the leave.

vii) Vacation entitlement will be reduced on a pro rata basis for the year in which the leave is taken

(e.g. 6 months leave = one half the yearly vacation entitlement).

viii) During the Leave of Absence, the employee shall pay the full cost associated with the purchase of

benefits as described in section 27.2 of the collective agreement.

ix) It is understood that only one (1) employee shall be granted Self-Funded Leave to be taken during

a specific period of time. In other words, no two (2) employees can be off on Self-Funded Leave

during the same period time.

*Note: Certain provisions of the Self-Funded Leave plan may not be in compliance with the Canada

Revenue Agency (CRA) and Income Tax Act (ITA) rules governing salary deferment

arrangements. Before making plans for a self-funded leave employees should refer to Income

Tax Ruling ATR-39 – Income Tax Act Deferred Salary Leave Plan – Re: Paragraph 6801(a) of

ITA Regulations (Actual Legal Ruling on pages 4 & 5), see Part LXVIII (Prescribed Plans,

Arrangements and Contributions) of the Consolidated Income Tax Regulation

http://laws.justice.gc.ca/eng/regulations/c.r.c.,_c._945/page-86.html#docCont . The employees should also consult with an SSU Representative.

ARTICLE 23 - MEDICAL AND D

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