COLLECTIVE AGREEMENT

between

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000 (The "Union")

-and -

WINGHAM AND DISTRICT HOSPITAL (The "Employer")

Expires March 31, 2022

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Appendix "A"

Appendix "B"

TABLE OF CONTENTS

Purpose ......................................................................... .

Recognition ........................................................................ .

Definitions .. ............ .................. ... ..... ..... ... .... ........ .......... .

No Discrimination ......................... .... ............................. .. .

No Strike/ No Lockout ..................................................... .

Union Security ............................ .... ............................... .

Union Representation ....................................................... .

Grievance, Procedure and Arbitration .................................. .

Professional Responsibility ................................................ .

Access to Files ................................................................ .

Seniority ........................................................................ .

Leaves of Absence ......................................................... .

Hours of Work ............................. .. ................................... .

Premium Payment ........................ ................................... .

Paid Holidays .................................................................. .

Vacations ... ..... .......... ............ .. ............. .. ..................... ... .

Sick Leave, Health and Welfare Benefits .............................. . .

Miscellaneous ................................................................. .

Wages ...... ... .................................................................. .

Management Rights .......................................................... .

Termination and Renewal ............. ... .................................. .

"Job Security" ................................................................. .

Professional Responsibility Workload Report Form ................. .

Letter of Understanding #1 - Eye Glasses/ Uniforms .............. .

Letter of Understanding #2- Supernumery Positions .............. .

Letter of Understanding #3- Hours of Work & Scheduling - Extended Tours

Letter of Understanding # 4 - Regular Part-Time RPN Scheduling

Letter of Understanding - Wage Reopener

Pay Equity Plan

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1.01

1.02

2.01

3.01

3.02 (a)

3.02 (b)

3.03

3.04

The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the Nurses covered by this Agreement; to provide for on-going means of communication between the Union and the Employer and the prompt disposition of grievances and the final settlement of disputes and to establish and maintain mutually satisfactory salaries, hours of work and other conditions of employment in accordance with the provisions of this Agreement.

It is recognized that the Nurses wish to work together with the Employer to secure the best possible nursing care and health protection for patients. Appropriate committees have been created under this Agreement to work towards this objective.

The Employer recognizes the Union as the exclusive bargaining agent for all its Employees employed as Registered Practical Nurses at Wingham and District Hospital, save and except Registered Nurses and positions above the rank of Registered Nurses.

A "Full-Time" Nurse is an RPN who is regularly scheduled to work the normal Full-Time hours referred to in Article 13.

A "Part-Time" Nurse is an RPN who regularly works less than the normal Full-Time hours referred to in Article 13 and who offers to make a commitment to be available for work on a regular predetermined basis.

A "Casual" Nurse is an RPN who makes himself or herself available for available shifts. A casual part-time Nurse will only work shifts in situations where they have indicated their availability and other Nurses have not made themselves available at straight-time pay.

The terms "Nurse", and "Employee" in this Agreement shall mean those Employees covered by the Collective Agreement by Article 2.01.

Employees may be hired for a specified term, not to exceed six (6) months, to replace an Employee on leave or to perform a special non-

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recurring task. This term may be extended a further six (6) months on the mutual agreement of the Union, Employee and Employer or by the Employer on its own up to 12 months where the leave of the person being replaced extends that far. The period of employment of such persons will not exceed the absentee's leave. The release or discharge of such persons shall not be the subject of a grievance or arbitration. This clause would not preclude such Employees from using the job posting provision under the Collective Agreement and any successful applicant who has completed his/her probationary period will be credited with the appropriate seniority. The Employer will outline to Employees selected to fill such temporary vacancies, and the Union, the circumstances giving rise to the vacancy, and the special conditions relating to such employment.

4.01 The Employer and the Union agree that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practised by any of their s with respect to any Nurse because of her membership or non-membership in the Union or activity or lack of activity on behalf of the Union or by reason of exercising her rights under the Collective Agreement.

4.02 The Union agrees that there will be no Union activity, solicitation for membership, or collection of Union dues on Employer premises or during working hours except with the written permission of the Employer or as specifically provided for in this Agreement.

4.03 The parties agree that there shall be no discrimination within the meaning of the Ontario Human Rights Code against any Employee by the Union or the Employer by reason of race, creed, colour, age, sex, marital status, nationality, ancestry or place of origin, family status, sexual orientation, political affiliation or activity, place of residence or handicap (including any Employee who is HIV positive).

4.04 "Harassment" means engaging in a course of vexatious comment or

or

conduct that is known or ought reasonable to be known to be unwelcome". Ref: Ontario Human Rights Code, sec.10 (1)

(a) "Every person who is an Employee has a right to freedom from harassment in the workplace by the Employer or agent of the Employer

by another Employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, same sex partnership status, gender identity, gender expression, family

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status or disability". Ref: Ontario Human Rights Code,Sec 5 (2)

(b) "Every person who is an Employee has a right to freedom from harassment in the workplace because of sex by his or her Employer or agent to the Employer or by another Employee," Ref: Ontario Human Rights Code, Sec. 7 (2)

(c) Every person who is an Employee has a right to freedom from workplace harassment in accordance with the Occupational Health and Safety Act, Sec 1 (1).

"Workplace Harassment" means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome". Ref Occupational Health and Safety Act, Sec 1 ( 1 ).

The Employee rights set out above shall be interpreted within the context of the Ontario Human Rights Code.

An Employee who believes that she has been harassed, contrary to this provision shall be encouraged by both parties to follow the Employer's policy on harassment and process. Failing resolution, an Employee may follow the process set out in the grievance and Arbitration procedure of the Collective Agreement. The Employee shall be encouraged by both parties to exhaust these processes prior to filing a complaint with the Ontario Human Rights Commission.

Violence in the Workplace

The Employer agrees to continue policies and procedures to deal with violence in the workplace. The policies address the prevention of violence, the management of violent situations and support to Nurses who have faced violence. The policies and procedures are to be reviewed and addressed at the Labour Management Committee.

The Hospital will inform the Union within three (3) days of any Nurse who has been assaulted while performing her work. Such information shall be submitted in writing to the Union as soon as possible.

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5.01

6.01

6.02

6.03

6.04

6.05

6.06

The Union agrees that there shall be no strike and the Employer agrees that there shall be no lockouts so long as this Agreement continues to operate. The terms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

The Employer will deduct from each Nurse covered by this Agreement an amount equal to the regular monthly Union dues and assessments designated by the Union.

Such dues shall be deducted monthly and, in the case of newly employed Nurses, such deductions shall commence in the month following their date of hire. There shall be no deduction from a Part-Time Nurse in a month in which the Nurse does not work.

The amount of the regular monthly dues and assessments shall be those authorized by the Union and the Union shall notify the Employer in writing at least 30 days in advance of any changes therein and such notification shall be the Employer's conclusive authority to make the deduction specified.

In consideration of the deducting and forwarding of Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims for liabilities arising or resulting from the operation of this Article.

The amounts deducted under this Article shall be remitted monthly to the Union Office. In remitting such dues, the Employer shall provide a list of Nurses from whom deductions were made, including their social insurance numbers, address and phone numbers. At the same time, the Employer will provide the names of Nurses who have been hired, discharged, laid off and recalled since the last report.

The Employer agrees that a Nurse Representative in the employ of the Employer shall be allowed a reasonable period not to exceed fifteen minutes during regular working hours to interview newly employed Nurses during their probationary period. During such interview, membership forms may be provided to the Nurse. A copy of the Collective Agreement shall also be provided to the new Employee. Such meetings may be arranged

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collectively or individually for Employees by the Employer as part of the orientation program.

7 .01 Nurse Representatives and Grievance Committee

7.02

(a) The Employer agrees to recognize three (3) Nurse Representatives to be elected or appointed from amongst Employees in the bargaining unit for the purpose of dealing with Union business as provided in this Collective Agreement. There shall be no more than two (2) Nurse Representatives.

(b) It is agreed that Nurse Representatives have their regular duties and responsibilities to perform for the Employer and shall not leave their regular duties without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld. If, in the performance of their duties, a Nurse Representative is required to enter a nursing unit within the Hospital in which he/she is not ordinarily employed she shall, immediately upon entering such nursing unit, report her presence to the supervisor or Nurse in charge, as the case may be. When resuming their regular duties and responsibilities, such Representatives shall again report to their immediate supervisor. A Representative shall suffer no loss of earnings for time spent during her regular scheduled working hours in attending grievance meetings with the Employer up to but not including arbitration.

Union-Management Committee

(a) There shall be a Union-Management Committee consisting of three (3) staff Nurses appointed or elected by the Union and three (3) Employer Representatives.

(b) The Committee shall meet every two (2) months unless otherwise agreed. The duties of Chairperson and Secretary shall alternate between the parties. Where possible, agenda items will be exchanged in writing at least five (5) calendar days prior to the meeting. A record shall be maintained of matters referred to the Committee and the recommended disposition, if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members.

(c) The purpose of the Committee includes, but shall not be limited to: 6

7.03

i) Promoting and providing effective and meaningful communication of information and ideas; making joint recommendations on matters of concern including the quality or quantity of nursing care;

ii) Dealing with complaints referred to it in accordance with the provisions of Article 9, Professional Responsibility;

iii) Discussing and reviewing matters relating to orientation and in service programs and utilization of RPN skills;

(d) Any Representatives attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such absence.

(e) It is understood that occasional joint meetings with other Labour­Management Committees in the Employer may be scheduled concerning issues of mutual interest if satisfactory to all concerned.

Negotiating Committee

(a) The Employer agrees to recognize a Negotiating Committee comprised of three (3) Representatives of the Union employed by the Employer for the purpose of meeting with the Employer to negotiate renewal agreements.

(b) The Employer agrees that the members of the Negotiating Committee shall suffer no loss of earnings for time spent during their regularly scheduled working hours in attending such negotiating meetings with the Employer up to but not including arbitration.

(c) The Employer shall grant unpaid time off to allow Negotiating Committee members to attend arbitration hearings unless it is not possible to provide necessary patient coverage. For any unpaid leave of absence under this provision, the Nurse's salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full cost of such salary and benefits.

7 .04 Joint Health and Safety Committee

(a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Employer in order to prevent accidents, injury and illness.

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(b) Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its JHSC at least one (1) Representative to be certified selected or appointed by the Union from amongst bargaining unit Employees, plus an alternate.

(c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health.

(d) The Employer agrees to cooperate reasonably in providing necessary information to enable the committee to fulfil its functions. In addition, the Employer will provide the committee with reasonable access to all accident reports, health and safety records and any other pertinent information in its possession.

(e) Meetings shall be held every second month or more frequently at the call of the Chair, if required. The Committee shall maintain minutes of all meetings and make the same available for review.

(f) Any Representative appointed or selected in accordance with (b) hereof, shall serve for a term of at least one ( 1) calendar year from the date of appointment. Time off for such Representative(s) to attend meetings of the Joint Health and Safety Committee in accordance with the foregoing, shall be granted and any Representative(s) attending such meetings during their regularly scheduled hours of work, shall not lose regular earnings as a result of such attendance.

(g) The Union agrees to obtain the full cooperation of its membership in the observation of all safety rules practices and procedures.

(h) All time spent by a member of the Joint Health and Safety Committee attending meetings of the Committee and carrying out their duties, shall be deemed to be work time for which she shall be paid by the Employer at her regular rate and she shall be entitled to such time from work as is necessary to attend scheduled meetings.

(i) Pregnant Employees may request to be transferred from their current duties, if, in the professional opinion of the Employee's physician, the pregnancy may be at risk. If such transfer is not feasible, the pregnant Employee, if she so requests, will be granted an unpaid leave of absence before commencement of the current contractual maternity leave.

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U) Where the Employer identifies high risk areas where Nurses are exposed to infectious or communicable diseases for which there are available protective medications, such medications shall be provided at no cost to the Nurses.

7.05 The Union may hold meetings on Employer premises providing permission has been first obtained from the Employer.

7.06 The Union shall keep the Employer notified in writing of the names of the Nurse Representatives and/or Committee members and Officers of the Local Union appointed or selected under this Article as well as the effective date of their respective appointments.

7.07 All reference to Nurse Representatives, Committee Members and Officers in this Agreement shall be deemed to mean Nurse Representatives, committee members or officers of the Local Union unless otherwise indicated.

7 .08 The Employer agrees to give Representatives of the Union access to the premises of the Employer for the purpose of attending grievance meetings or otherwise assisting in the administration of this Agreement, provided prior arrangements are made with the Manager or designate. Such Representatives shall have access to the premises only with the approval of the Manager or designate which will not be unreasonably withheld.

7 .09 Nurses who are members of the Fiscal Advisory Committee will suffer no loss of earnings for time spent during regular working hours for attending committee meetings.

Where a Nurse attends a Fiscal Advisory Committee meeting outside of regularly scheduled hours, she will be paid for all hours spent in attendance at meetings at her regular straight time hourly rate.

7 .1 O It is agreed that in any Employer Committee that has nursing Employee Representatives not specifically dealt with herein, there shall be at least one (1) Employee Representative from the bargaining unit covered by this Collective Agreement.

7 .11 Where a committee Representative designated by the Union attends Grievance meetings, Labour Management meetings or Joint Heath and Safety_meetings outside of their regularly scheduled hours, they will be paid for all time spent in attendance at such meetings at their regular straight time hourly rate of pay.

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8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a Nurse is entitled to be represented by her Nurse Representative. In the case of suspension or discharge, the Employer shall notify the Nurse of this right in advance.

8.03 It is the mutual desire of the parties hereto that complaints of Nurses shall be investigated as quickly as possible, and it is understood that a Nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her/his immediate Supervisor and Nurse Representative within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Nurse and failing settlement within nine (9) calendar days following advice of her immediate supervisor's decision in the following manner and sequence:

Step No. 1

The Nurse may submit a written grievance, signed by the Nurse, to her immediate Supervisor. The grievance shall be in writing and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement, then:

Step No. 2

Within nine (9) calendar days following the decision under Step No. 1, the Nurse may submit the written grievance to the Human Resources Officer or designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:

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Step No. 3

Within nine (9) calendar days following the decision in Step No. 2, the grievance may be submitted in writing to the Chief Human Resources Officer or designate. A meeting will then be held between the CHRO or designate and the Grievance Representatives within nine (9) calendar days of the submission of the grievance at Step No. 3 unless extended by agreement of the parties. It is understood and agreed that a Representative of the LIUNA Local 3000 and the griever may be present at the meeting. It is further understood that the Employer's CHRO or designate may have such counsel and assistance as she may desire at such meetings. The decision of the Employer shall be delivered in writing within nine (9) calendar days following the date of such meeting.

8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Local Chief Steward or her designate.

8.05 Where a number of Nurses have identical grievances and each Nurse would be entitled to grieve separately they may present a group grievance to the respective Manager or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the Nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

8.06 A claim by a Nurse that she has been unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged by the Nurse with the Employer at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:

(a) Confirming the Employer's action in dismissing or disciplining the Nurse; or

(b) Reinstating the Nurse with or without full compensation for the time lost; and with or without loss of seniority; or

(c) By any other arrangement which may be deemed just and equitable. 11

The Employer agrees to provide written reasons within seven (7) calendar days to the affected Nurse in the case of discharge or discipline and further agrees that it will not suspend, discharge or otherwise discipline a Nurse without just cause.

The parties agree that there shall be a lower standard of just cause for the discipline or discharge of Employees during their probationary period, given the purpose of the probationary period.

8.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. 3, it will be deemed to have been received within the time limits.

8.08 All agreements reached under the grievance procedure between the Representatives of the Employer and the Representatives of the Union will be final and binding upon the Employer and the Union and the Nurses.

8.09 When either party requests that any matter be submitted to Arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name at least three (3) nominees. Within seven (7) calendar days thereafter the other party shall name nominees, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement a chair of the Arbitration Board. If they are unable to agree upon such a chair with a period of fourteen ( 14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chair.

8.1 O No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.

8.11 No matter may be submitted to Arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.

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8.12

8.13

8.14

8.15

8.16

8.17

9.01

The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.

The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the chair will be final and binding upon the parties hereto and the Nurse or Nurses concerned.

Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chair of the Arbitration Board.

Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to the Arbitration Board shall appropriately apply.

The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned, subject only to the provisions of Section 45(8.3) of the Labour Relations Act, R.S.O. 1990, c. L. 2, as amended.

The parties agree that the use of the electronic version of the LIUNA grievance form is acceptable and valid. Electronic grievances may be sent via email, to the applicable manager or the identified designate and electronically copied to the grievor. The electronic signature of the Union Representative or Steward will be accepted as the original signature. The parties agree to not use of rely upon any preliminary arguments related to the use of the electronic version should a grievance proceed to mediation or Arbitration.

In the event that the Employer assigns a number of patients or a workload to an individual Nurse or group of Nurses such that she or they have cause to believe that she or they are being asked to perform more work than is consistent with proper patient care, she or they shall:

(a) Articulate the concern to the Nurse in Charge of that unit during that shift and cooperate in problem-solving the situation;

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9.02

(b) Failing resolution, the Nurse shall put in writing her professional responsibility concerns and submit to their Manager within five (5) calendar days.

(c) Failing resolution, the concerns shall be submitted to the Union-Management Committee within fifteen (15) calendar days of the Manager's response. The Chair of the Union-Management Committee shall convene a meeting of the Union-Management Committee within fifteen ( 15) calendar days of the filing of the complaint. The Committee shall hear and attempt to resolve the complaint to the satisfaction of both parties.

(d) Any complaint under this provIsIon shall be documented on the form set out in Appendix "B".

Orientation and In-Service Program

The Employer recognizes the need for an Employer Orientation Program of such duration as it may deem appropriate taking into consideration the needs of the Employer and the Nurses involved.

9.03 Nurses recalled from layoff under Article 11 .07, Nurses whose probationary period has been extended under Article 11.01, and Nurses who are transferred on a permanent basis may be provided any orientation determined necessary by the Employer. If a Nurse believes she requires orientation, she shall first discuss the matter with the Manager.

9.04 Both the Employer and the Union recognize their joint responsibility and commitment to provide, and to participate in, in-service education. The Union supports the principle of its members' responsibility for their own professional development and the Employer will endeavour to provide programs related to the requirements of the Employer. Available programs will be publicized and the Employer will endeavour to provide Nurses with opportunities to attend such program during their regularly scheduled working hours.

9.05 When a Nurse is on duty and authorized to attend any in-service program within the Employer and during her regularly scheduled working hours, she shall suffer no loss of regular pay. When a Nurse is required by the Employer to attend courses outside of her regularly scheduled working hours she shall be paid for all time spent in attendance on such courses at her regular straight time hourly rate of pay.

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9.06 (a) Nurses are required, as part of their regular duties, to supervise the activities of students and will be informed in writing of their responsibilities in relation to these students.

Where a Nurse is assigned nursing student supervision duties, the Hospital will pay the Nurse a premium of sixty cents ($0.60) per hour for all hours spent supervising nursing students in addition to her or his regular salary and applicable premium allowance.

Any information that is provided to the Employer by the educational institution with respect to the skill level of the students will be made available to the Nurses recruited to supervise the students.

(b) Mentorshio

Nurses may, from time to time, be assigned a formal mentorship role for a designated Nurse. Mentorship is a formal supportive relationship between two (2) Nurses, which results in the professional growth and development of an individual practitioner to maximize her or his clinical practice. The relationship is time limited and focused on goal achievement. Orientation to the organization or general functioning of the unit does not constitute mentorship.

After consultation with the Nurse being mentored and the mentor, the Hospital will identify the experiences required to meet her or his learning needs, will determine the duration of the mentorship assignment and expectations of the mentor, and appropriate training. During the consultation process, the Hospital will review the mentor's workload with the mentor and the Nurse being mentored to facilitate successful completion of the mentoring assignment.

The Hospital will provide, on a regular basis, all Nurses with an opportunity to indicate their interest in assuming a mentorship role, through a mechanism determined by the local parties. The Hospital selects and assigns the mentor for a given mentoring relationship. At the request of any Nurse, the Hospital will discuss with any unsuccessful applicant ways in which she or he may be successful for future opportunities.

The Hospital will pay the Nurse for this assigned additional responsibility a premium of sixty cents ($0.60) per hour, in addition to her or his regular salary and applicable premium allowance.

The hospital will meet with the Union to discuss any remediation or continuing education required by the College of Nurses of Ontario (CNO) to

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re-establish eligibility for clinical practice following a Nurse's return from an approved leave of absence.

9.07 Technological Change

The Employer undertakes to notify the Union, in writing, in advance, so far as practicable, of any technological changes which the Employer has decided to introduce which will significantly change the status of the Nurse within the bargaining unit.

The Employer agrees to discuss with the Union the effect of such technological changes on the employment status of the Nurses and to consider practical ways and means of minimizing the adverse effect, if any, on the Nurses concerned.

Nurses, who are subject to layoff due to technological change will be given notice of such layoff at the earliest reasonable time (and at least with the minimum amount of notice required elsewhere in this Agreement) and in keeping with the requirements of the applicable legislation and the provisions of Article 11.07 will apply.

9.08 Where new technology is introduced and utilization by all Nurses is required, the Employer agrees that necessary training will be provided at no cost to the Nurse.

9.09 Utilization of RPN Skills

(a) The Employer supports utilizing RPNs for the skills which the Employer requires them to perform in the areas involved.

(b) The Employer agrees to provide education for current RPNs for the additional skills which the Employer requires them to perform at no cost to the RPN.

(c) Where the hospital requires e-learning it will make reasonable efforts to enable hospital e-learning requirements during a Nurse's regular working hours. Where a Nurse is unable to complete required hospital e-learning during his/her regular working hours, the hospital will identify in advance the time that will be paid at her regular straight time hourly rate of pay.

(d) The hospital will meet with the Union to discuss any remediation or continuing education required by the College of Nurses of Ontario (CNO) to Re-establish eligibility for clinical practice following a Nurse's return from an approved absence.

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10.01 A copy of any completed evaluation which is to be placed in a Nurse's

10.02

11.01

file shall be first reviewed with the Nurse. The Nurse shall sign such evaluation as having been read and shall have the opportunity to add her views to such evaluation prior to it being placed in her file. It is understood that such evaluations do not constitute disciplinary action by the Employer against the Nurse.

Each Nurse shall have reasonable access to her personnel files for the purpose of reviewing their contents in the presence of the Chief Human Resources Officer or designate. A copy of the evaluation will be provided to the Nurse at her request.

Any letter of reprimand, suspension or other sanction will be removed from the record of a Nurse eighteen (18) months following the receipt of such letter, suspension or other sanction provided that the Nurse's record has been discipline free for said eighteen (18) months.

(a) Newly hired Full-Time Nurses shall be considered to be on probation for a period of sixty (60) tours worked from date of last hire ( 450 hours of work for Nurses whose regular hours of work are other than the standard work day). A Full-Time Nurse retained after the probationary period shall be credited with seniority from the date of last hire. A Part-Time Nurse retained after the probationary period shall be credited for the sixty (60) tours (450 hours) worked. With the written consent of the Employer, the probationary Nurse and the Chief Steward of the Local Union or her designate, such probationary period may be extended. It is understood and agreed that any extension to the probationary period will not exceed an additional sixty (60) tours (450 hours) worked and, where requested, the Employer will advise the Nurse and the Union of the basis of such extension.

(b) A Nurse who transfers from Casual or Part-Time to Full-Time status shall not be required to serve a probationary period where she has previously completed one since her date of last hire. Where no such probationary period has been served, the number of tours worked (hours worked for Nurses whose regular hours of work are other than

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the standards workday) during the nine months immediately preceding the transfer shall be credited towards the probationary period.

(c) A Nurse who transfers from Full-Time to Part-Time or Casual status shall not be required to serve a further probationary period where she has previously completed one since her date of last hire. Where no such probationary period has been served, the number of tours or the number of hours worked during the nine (9) months immediately preceding the transfer shall be credited towards the probationary period.

11.02 There shall be three (3) seniority lists - one for Full-Time Nurses, one for all regular Part-Time Nurses and one for all Casual Nurses covered by this Collective Agreement who have completed their probationary period. For information purposes only, the names of all probationary Nurses shall be included in the seniority lists. A copy of the current seniority list shall be prepared twice annually, in January and July. A copy of the seniority list shall be posted and a copy shall be given to the Local Union Chief Steward.

11.03 A Nurse's full seniority date shall be retained by a Nurse in the event that she is transferred from Part-Time to Full-Time or vice versa or in the event she is transferred from Casual to regular Part-Time or vice versa. A Nurse whose status is changed from Full-Time to Part-Time shall receive credit for her full seniority and service on the basis of 1500 hours effective 01 April 2012, worked for each year of Full-Time seniority or service. A Nurse whose status is changed from Part-Time to Full-Time shall receive credit for her full seniority and service on the basis of one year of seniority or service for each 1500 hours worked. Any time worked in excess of an equivalent shall be pro-rated at the time of transfer and shall not precede the nurse's date of hire.

11.04 (a) If a Nurse's absence without pay from the Employer including absences under Article 12, Leaves of Absences, exceeds

thirty (30) continuous calendar days she will not accumulate seniority or service for any purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the Nurse will become responsible for full payment of any subsidized Employee benefits in which she is entitled to participate during the period of absence. In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days a Nurse may arrange with the Employer to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure her continuing coverage.

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(b) Notwithstanding this provision, seniority and service shall accrue for a period of thirty (30) months if a Nurse's absence is due to a disability resulting in WSIB or L.T.D. benefits or while an Employee is on sick leave (including the Employment Insurance period). The Hospital shall continue to pay its share of the premium for benefit plans of the Employee provided that the balances of the monthly premiums are paid by the Employee.

(c) Part-Time Nurses shall accrue seniority for a period of thirty (30) months and Service for a period of fifteen (15) weeks if absent due to a disability resulting in WSIB, on the basis of what the Nurse's normal regular hours of work would have been.

(d) Notwithstanding this provision, seniority and service will accrue and the Employer will continue to pay the premiums for benefit plans for Nurses for a period up to seventeen (17) weeks while a Nurse is on pregnancy leave under Article 12.06 and for a period of up to thirty­five (35) weeks while a Nurse is on parental leave under Article 12.07

11.05 A Nurse shall lose all service and seniority and shall be deemed to have terminated if she:

(a) leaves of her own accord or is retired;

(b) is discharged and the discharge is not reversed through the grievance or arbitration procedure;

( c) has been laid off for twenty-four (24) calendar months;

(d) refuses to continue to work or return to work during an emergency which seriously affects the Employer's ability to provide adequate patient care, unless a satisfactory reason is given to the Employer;

(e) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer of such absence and providing a satisfactory reason to the Employer;

(f) fails to return to work (subject to the provisions of 11.05(e)) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted;

(g) fails upon being notified of a recall to signify her intention to return within five (5) calendar days after she has received the notice of

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recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within (7) calendar days after she has received the notice of recall or such further period of time as may be agreed upon by the parties;

(g) is absent due to illness or disability for a period of 24 calendar months from the time the disability or injury commenced. Interpretation and application of this clause is subject to the provisions of the Human Rights Code.

11.06 Job Vacancies

(a) Where a vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, such vacancy shall be posted internally and externally for a period of seven (7) consecutive calendar days. The Employer will first give priority to qualified members of the bargaining unit. Nurses in this bargaining unit may make written application for such vacancy within the seven (7) day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven (7) consecutive calendar days. Job vacancies shall be posted on the bulletin board. Existing staff may apply for the vacant line(s) by seniority. All vacancies will be posted on the Hospital internal e mail system.

(b) A Nurse may make a written request for transfer by advising the Employer and filing a Request for Transfer letter indicating her name, qualifications, experience, present area of assignment or status (including a move to a different unit or area and change in status to Full-Time, regular Part-Time or Casual Part-Time status). A Request for Transfer shall become active as of the date it is received by the Employer and shall remain so until December 31 following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy.

A list of vacancies filled in the preceding month under Article 11.06(a) and (b), and the names of the successful applicants, will be posted, with a copy provided to the Union. Unsuccessful applicants will be notified. At the request of the Nurse, the Employer will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings.

(c) Nurses shall be selected for positions under either 11.06(a) or (b) on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal amongst the Nurses considered,

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seniority shall govern providing the successful applicant, if any, is qualified to perform the available work within an appropriate familiarization period. Where seniority governs, the most senior applicant, regardless whether she is Full-Time or Part-Time, will be selected. Where the applicant has been selected in accordance with this Article and it is subsequently determined that she cannot satisfactorily perform the job to which she was promoted, the Employer will attempt, during the first thirty (30) tours (225 hours for Nurses whose regular hours of work are other than the standards work day) worked from the date on which the Nurse was first assigned to the vacancy, to return her to her former job, and the filling of the subsequent vacancies will likewise be reversed.

(d) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the Employer. In filling such vacancies preference shall be given to regular Part-Time Nurses in the bargaining unit on the basis of seniority who are qualified to perform the work in question. It is understood, however, that where such vacancies occur on short notice, failure to offer Part-Time Nurses such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where Part-Time Nurses fill temporary Full­Time vacancies, such Nurses shall be considered regular Part-Time. Upon completion of the temporary vacancy, such Nurse shall be reinstated to her former position unless the position has been discontinued, in which case she shall be given a comparable job.

(e) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the Nurse selected to fill the vacancy to be assigned to the job.

(f) A Nurse selected as a result of a posted vacancy or a Request of Transfer need not be considered for a further permanent vacancy for a period up to six (6) months from the date of her selection. However, a Nurse who does not have a Full-Time job may apply for a Full-Time job anytime there is a vacancy.

(g) If an Employee covered by this Collective Agreement resigns, retires or is terminated and the Employer decides to fill the vacancy, it will give first consideration to filling the vacancy with Employees from this bargaining unit. However, no Full-Time position shall be eliminated

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11.08

by reason of his or her duties and hours being fully assigned to one or more Part-Time/Casual Employees.

11.07 (a) A layoff of Nurses shall be made on the basis of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the foregoing, probationary Nurses shall be first laid-off, followed by Casual Part­Time, regular Part-Time and finally Full-Time Employees.

If a Full-Time Nurse's position is eliminated and there are no junior Full-Time Nurses whom the Employee is qualified to bump, such Nurse will have the option to become a regular Part-Time Employee. She shall be given seniority credit in accordance with Article 11.03. It is understood that this may result in the reduction of hours or layoff of junior Part-Time Employees.

Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Local Union, provided that the Nurse is qualified to perform the available work.

(b) Where a vacancy occurs in a position following a layoff hereunder as a result of which a Nurse had been transferred to another position, the affected Nurse will be offered the opportunity to return to her former position providing such vacancy occurs within six (6) months of the date of layoff. Where the Nurse returns to her former position, there shall be no obligation to consider the vacancy under Article 11.06. Where the Nurse refuses the opportunity to return to her former position, she shall advise the Employer in writing.

(c) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.

(d) All qualified regular Part-Time and Full-Time Nurses represented by the Union who are on layoff will be given a job opportunity in the Full­Time and regular Part-Time categories before any new qualified Nurse is hired into either category.

(a) A Nurse who is transferred to a position outside of the bargaining unit shall, subject to (b) below, retain, but not accumulate, her seniority held at the time of the transfer. In the event the Nurse is returned to a position in the bargaining unit she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of her return to the bargaining unit.

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(b) In the event that a Nurse is transferred out of the bargaining unit under (a) above for a specific term or task which does not exceed a period of six (6) months or an academic year and is returned to a position in the bargaining unit, she shall not suffer any loss of seniority, service or benefits. It is understood and agreed that a Nurse may decline such offer to transfer and that the period of time referred to above may be extended by agreement of the parties.

11.09 (a) Employees not covered by this Collective Agreement shall not perform duties normally performed by Nurses in the bargaining unit except:

(i) in the case of emergencies when Nurses are not readily available;

(ii) for the purposes of instruction or experimentation, so long as this does not directly cause or result in the layoff, loss of seniority or service or reduction in benefits to Nurses in the bargaining unit.

(b) The Employer shall not contract out any work usually performed by members of this bargaining unit if, as a result of such contracting out, a layoff of any Nurse follows. This clause will not apply to ad hoc use of agency or registry Nurses for single shift coverage of vacancies due to illness of leaves of absences.

12.01 (a) Personal Leave Written requests for a personal leave of absence without pay will be considered on an individual basis by the Employee's Manager or his/her designate. Such requests are to be given as far in advance as possible and a written reply will be given within fourteen ( 14) days, except in cases of emergency in which case a reply will be given as soon as possible. Such leave shall not be unreasonably withheld.

(b) Family Medical Leave A Nurse shall be granted a leave of absence without pay for up to eight (8) weeks to provide care or support for the spouse, parent, step-parent, foster parent of the Nurse or the Nurse's spouse, child, step-child, foster child of the Nurse or foster child of the Nurse's spouse, provided a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with

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significant risk of death occurring within a period of twenty-six (26) weeks or such shorter period as may be prescribed.

(c) Family Emergency Leave A Nurse shall be granted a leave of absence without pay for up to ten (10) days per calendar year for the following reasons:

i) personal illness, injury or medical emergency

ii) death, illness, injury, medical emergency or an urgent matter involving spouse, parent, step-parent, foster parent of the Nurse or the Nurse's spouse, child, step-child, foster child of the Nurse or foster child of the Nurse's spouse, grandparent, step-grandparent, grandchild, or step-grandchild of the Nurse or of the Nurse's spouse, spouse of the Nurse's child, brother, sister or a relative who is dependent on the Nurse for care or assistance.

12.02 Leave for Union Business

12.03

The Employer agrees to grant leave of absence, without pay to Nurses selected by the Union to attend Union business including conferences, conventions and Provincial meetings, unless it is not possible to provide necessary patient coverage. The Union agrees to provide as much notice as possible of a request for such leave. Such leave shall be granted taking into consideration service needs, and shall not exceed twenty five (25) cumulative days per year.

During such leave of absence, the Nurse's salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the daily rate of the Nurse. The Employer will bill the Union within a reasonable period of time.

Leave, Union Board of Directors

A Nurse who is elected or appointed to the Executive Board of the Union or to a temporary Union office shall be granted leave of absence without pay. There shall be no more than one (1) Nurse off at the same time under this clause. Reasonable notice sufficient to adequately allow the Employer to minimize disruption of its services shall be given to the Employer for such leave of absence. Leave of absence under this provision shall be in addition to the Union Leave provided in Article 12.02 above. During such leave, the Nurse's salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full

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12.04

cost of such salary and applicable benefits. Seniority shall continue to accumulate for any Employee absent under the clause.

The Nurse shall notify the Hospital of her intention to return to work at least four (4) weeks prior to the date of such return. The Employee shall be returned to her former duties on the same shift in the same department and at the appropriate rate of pay, subject to any changes which would have occurred had the Employee not been on leave.

Bereavement Leave

(a) A Nurse who notifies the Employer as soon as possible following a bereavement shall be granted four (4) working days off without loss of her regular pay for her scheduled hours in conjunction with the day of the funeral memorial, or service of other cultural diversity of spouse, child, or parent.

"Spouse" for the purposes of bereavement leave will include a partner of the same sex.

A Nurse who notifies the Employer as soon as possible following a bereavement shall be granted three (3) working days off without loss of her regular pay for her scheduled hours in conjunction with the day of the funeral memorial, or service of other cultural diversity of a member of the immediate family. Immediate family means sibling, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent or grandchild, step parents and step children.

In the event of a delayed interment, a Nurse may save on of the days identified above without loss of pay to attend the interment, to accommodate religious or cultural diversity, or to deal with legal matters arising from the death.

Part-Time Nurses will be credited with seniority and service for all such leave.

(b) A Nurse who notifies the Employer as soon as possible following a bereavement shall be granted one (1) working day off without loss of her regular pay for her scheduled hours in conjunction with the day of the funeral of an aunt, uncle, niece, nephew, step-brother, or step-sister.

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12.05

12.06

All other types of compassionate leave may be authorized at the discretion of the Employer.

Jury and Witness Duty

If a Nurse is required to attend jury selection or serve as a juror in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the Nurse's duties at the Employer, the RPN shall not lose regular pay because of such attendance and shall not be required to work on the day of such duty provided that the Nurse:

(a) notifies the Employer immediately on the Nurse's notification that she will be required to attend court;

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

(c) deposits with the Employer the full amount of compensation received excluding mileage, travelling and meal allowances and an official receipt where available.

Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision.

(b) The Nurse shall give written notification at least one (1) month in advance of the date of commencement of such leave and the expected date of return.

(c) The Nurse shall reconfirm her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Employer at least four (4) weeks in advance thereof. The Nurse shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job.

(d) Effective on confirmation by the Employment Insurance Commission of the appropriateness of the Employer's Supplementary Employment Benefit (SUB) Plan, an Employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act, shall be paid a

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supplemental employment benefit for a period not exceeding fifteen (15) weeks. The supplement shall be equivalent to the difference between ninety-three percent (93%) of her normal weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Receipt by the Employer of the Employee's Employment Insurance cheque stubs shall constitute proof that she is in receipt of Employment Insurance Pregnancy benefits.

The Employee's normal weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase or salary increment that she would be entitled to receive if she were not on pregnancy leave.

In addition to the foregoing, the Employer will pay the Employee ninety-three percent (93%) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance benefits.

The Employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

For Part-Time Employees:

The Employer will continue to pay the percentage in lieu of benefits and its share of pension contributions during the period of pregnancy leave. The Employer will register those benefits as part of the Supplemental Employment Benefit Plan with the Employment Insurance Commission. A Part-Time Nurse shall accumulate service and seniority for the initial seventeen (17) weeks from the commencement of the leave, while said Nurse is on pregnancy leave. Accumulation shall be on the basis of what the Nurse's normal regular hours of work would have been.

12.07 Parental Leave

(a) A Nurse who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act, except where amended by this provision.

(b) A Nurse who has taken a pregnancy leave under Article 12.06 is eligible to be granted a parental leave of up to sixty-one (61) weeks

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duration, in accordance with the Employment Standards Act. A Nurse who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to twelve (12) months duration, consideration being given to any requirements of adoption authorities. In cases of adoption, the Nurse shall advise the Employer as far in advance as possible with respect to a prospective adoption and shall request the leave of absence, in writing, upon receipt of confirmation of the pending adoption. If, because of late receipt of confirmation of the pending adoption, the Nurse finds it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified in writing.

Where an employee elects to receive parental leave benefits pursuant to Section 12(3)(b )(ii) of the Employment Insurance Act, the amount of any Supplemental Unemployment Benefit payable by the Employer will be no greater than what would have been payable had the employee elected to receive the parental leave benefit pursuant to Section 12(3)(b )(i) of the Employment Insurance Act.

(c) The Nurse shall be reinstated to her former position, unless her former position has been discontinued, in which case she shall be given a comparable job.

(d) Effective on confirmation by the Employment Insurance Commission of the appropriateness of the Employer's Supplemental Employment Benefit (SUB) Plan, an Employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 18 of the Employment Insurance Act, shall be paid a supplemental employment benefit for a period not exceeding ten (10) weeks. That benefit shall be equivalent to the difference between ninety-three percent (93%) of the Employee's normal weekly earnings and the sum of his or her weekly employment insurance benefits and any other earnings. Receipt by the Employer of the Employee's employment insurance cheque stub will serve as proof that the Employee is in receipt of employment parental benefits.

The Employee's normal weekly earnings shall be determined by multiplying the Employee's regular hourly rate on his or her last day worked prior to the commencement of the leave times the Employee's normal weekly hours, plus any wage increase or salary increment that the Employee would be entitled to if he or she were not on parental leave.

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In addition to the foregoing, the Employer shall pay the Employee ninety-three percent (93%) of his or her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance benefits.

The Employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect to guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

Part-Time Employees: The Employer will continue to pay the percentage in lieu of benefits and its share of the pension contribution for a period of up to ten (10) weeks while the Employee is on parental leave. The Employer will register these benefits with the Employment Benefit Plan.

12.08 Education Leave

The parties acknowledge that the responsibility for professional development and active participation in the same is shared between Nurses and the Hospital. In this regard, the local parties will endeavour to provide flexible work schedules to accommodate the Nurse's time off requirements.

(a) Leave of absence, without pay, for the purposes of further education directly related to the Nurse's employment with the Employer may be granted upon written application by the Nurse to the Manager or his/her designate. Requests for such leave will not be unreasonably denied.

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

Where Employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the straight time wages for actual time spent attending the course, tuition costs, and mileage as per Hospital Policy for any distance greater than the normal distance the Employee travels to work.

(c) Leave of absence without loss of regular earnings from regularly scheduled hours for the purpose of attending short courses, workshops or seminars directly related to the Nurse's employment

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12.09

may be granted at the discretion of the Employer upon written application by the Nurse to the Manager or her designate.

(d) Any courses related to professional development required by the Employer will be paid for by the Employer upon proof of successful completion.

(e) Leave of absences, without pay, for the purpose of furthering professional nursing career development may be granted upon written application by the Nurse to her Manager or designate. Requests for such leave will not be unreasonably denied.

Pre-Paid Leave Plan

The Employer agrees to introduce a pre-paid leave program funded solely by the Nurse, subject to the following terms and conditions:

(a) The plan is available to Nurses wishing to spread four (4) years' salary over a five (5) year period, in accordance with Part LXVIII of the Income Tax Regulations, Section 6801, to enable them to take a one (1) year leave of absence following the four (4) years of salary deferral.

(b) The Nurse must make written application to the Manager or his/her designate at least six (6) months prior to the intended commencement date of the program (i.e. the salary deferral portion), stating the intended purpose of the leave.

(c) The number of Nurses that may be absent at any one time shall be no more than one (1 ). The year for purposes of the program shall be September 1 of one year to August 31 the following year or such other twelve ( 12) month period as may be agreed upon by the Nurse, the local Union and the Employer.

(d) Written applications will be reviewed by the Manager or his/ her designate. Leaves requested for the purpose of pursuing further formal nursing education will be given priority. Applications for leaves required for other purposes will be given the next level of priority on the basis of seniority.

(e) During the four (4) years of salary deferral, 20% of the Nurse's gross annual earnings will be deducted and held for the Nurse and will not be accessible to her until the year of the leave or upon withdrawal from the plan.

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(f) The manner in which the deferred salary is held shall be at the discretion of the Employer.

(g) All deferred salary, plus accrued interest, if any, shall be paid to the Nurse at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the Nurse.

(h) All benefits shall be kept whole during the four (4) years of salary deferral. During the year of the leave, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave. The Nurse shall become responsible for the full payment of premiums for any health and welfare benefits in which she is participating. Contributions to the Employers of Ontario Pension Plan will be in accordance with the Plan. The Nurse will not be eligible to participate in the disability income plan during the year of the leave.

(i) A Nurse may withdraw from the plan at any time during the deferral portion provided three (3) months' notice is given the Manager, subject to Revenue Canada guidelines. Deferred salary, plus accrued interest, if any, will be returned to the Nurse within a reasonable period of time.

U) If the Nurse terminates employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned to the Nurse within a reasonable period of time. In case of the Nurse's death, the funds will be paid to the Nurse's estate.

(k) The Employer will endeavour to find a temporary replacement for the Nurse as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the Nurse as much notice as is reasonably possible. The Nurse will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary, plus accrued interest, if any, paid out to her within a reasonable period of time.

(I) The Nurse will be reinstated to her former position unless the position has been discontinued, in which case she shall be given a comparable job.

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(m) Final approval for entry into the pre-paid leave program will be subject to the Nurse entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the Nurse's pay. Such agreement will include:

(i) A statement that the Nurse is entering the pre-paid leave program in accordance with Article 12.09 of the Collective Agreement.

(ii) The period of salary deferral and the period for which the leave is requested.

(iii) The manner in which the deferred salary is to be held.

The letter of application from the Nurse to the Employer to enter the pre-paid leave program will be appended to and form part of the written agreement.

(n) Employees must return to work for at least as long as the leave period, in order to avoid tax penalties being imposed by Revenue Canada.

13.01 The following provision designating regular hours on a daily tour and regular daily tours over the nursing schedule determined by the Employer shall not be construed to be a guarantee of hours of work to be performed on each tour or during each tour schedule.

(a) The normal daily tour shall be seven and one-half (7 1/2) consecutive hours in any twenty-four (24) hour period exclusive of an unpaid one­half (1/2) hour meal period, it being understood that at the change of tour there will normally be additional time required for reporting which shall be considered to be part of the normal daily tour, for a period of up to fifteen (15) minutes' duration. Should the reporting time extend beyond fifteen (15) minutes, however, the entire period shall be considered overtime for the purposes of payment under Article 14.

(b) The normal daily tours of a Full-Time Nurse shall average five (5) days/thirty-seven and one-half (37 1 /2) hours per week over the nursing schedule.

(c) Nurses shall be entitled to two (2) paid rest periods of fifteen (15) minutes and one (1) unpaid meal period of thirty (30 minutes for

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each normal working shift of seven and one half (7.5) consecutive hours. The Nurse is entitled to one (1) paid rest period of fifteen (15) minutes and one (1) unpaid meal period of thirty (30) minutes for each normal working shift exceeding five (5) consecutive hours. The Nurse who works less than five (5) consecutive hours is entitled to one (1) paid rest period of fifteen (15) minutes. Nurses shall be entitled, subject to the exigencies of patient care, to relief periods during the tour on the basis of fifteen (15) minutes for each half tour.

Nurses are not permitted to take rest periods either at the beginning or end of her normal work day. Such rest periods are to be taken as approved by the immediate supervisor based on the operational needs.

(d) Where a Nurse notifies her supervisor that she has been or will be unable to take the normal meal break due to the requirement of providing patient care, such Nurse shall be paid time and one-half (1 1 /2) her regular straight time hourly rate for all time worked in excess of her normal daily hours.

13.02 Scheduling Full-Time and Regular Part-Time

The Employer will endeavour to achieve and maintain the following objectives in the formulation of working schedules:

(a) Shift schedules shall be posted two (2) weeks in advance and shall cover a six (6) week period.

(b) The Employer agrees that it will not schedule more than seven (7) consecutive tours without the Nurse's consent.

(c) There will be not less than a period of sixteen (16) consecutive hours scheduled off between shift changes without the consent of such Nurse.

(d) There will not be less than a period of forty-eight (48) consecutive hours scheduled off following the night shift when changing the schedule to either the day shift or evening shift.

(e) The Employer will endeavour to schedule each Full-Time and regular Part-Time RPN at least three (3) weekends off in every six (6) weekends. A Full-Time and regular Part-Time RPN will receive time and one-half (11/2) their regular straight time hourly rate of pay

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for all hours worked on a third (3rd ) and subsequent weekend save and except where:

(i) such weekend has been worked by the RPN to satisfy specific days off requested by such RPN; or (ii) such RPN has requested weekend work; or (iii) such weekend is worked as a result of exchange of shifts with another RPN.

It is understood that a weekend consists of fifty-six (56) consecutive hours off work during the period following the completion of the Friday day until the commencement of the Monday day.

(f) i) It is the responsibility of the Nurse to consult posted work schedules. The Employer will endeavour to provide as much advance notice as is practicable of a change to the posted work schedule for Part-Time Nurses. Any changes made to the posted work schedule for full- time Nurses shall be mutually agreed between the Employer and the Employee. If less than 24 hours' notice of a posted shift cancellation is given to a Nurse, the Employer shall pay the Nurse four (4) hours pay at the Nurses regular straight time hourly rate. Posting a message on the Employee's voice mail system will be deemed sufficient notice to the part- time/Casual Nurse(s) by the Employer of any changes and cancellations to the schedule. It is the responsibility of the Employee to keep current their telephone number, and complete mailing address.

ii) Any additional unscheduled tour for part- time Nurses is not a change in the posted work schedule.

iii) Any changes or cancellations under this clause shall not be considered a lay-off.

iv) If a scheduled shift is cancelled, the least senior Part­Time/Casual Nurse shall be the first cancelled provided those remaining are qualified to perform the available work. Staff who wish to exercise their bumping right to another unit must inform the Nursing Administration at the time they are cancelled. It is important to remember that staff:

1) cannot bump to another shift 2) must bump to an identical shift 3) must have the seniority and skill

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v) Nurses who are unable to report for their regular scheduled shift shall give the Employer at least four (4) hours' notice for evening and night shifts and at least one (1) hour's notice for the day shift whenever possible.

(g) A request by a Nurse for an exchange of shift(s) in the posted schedule must be submitted in writing at least two (2) business days prior to the desired change and co-signed by the Nurse willing to make the exchange. Such request is subject to approval by the Employer, and shall not be unreasonably denied. Such exchange shall not in any event result in premium or overtime payment by the Employer.

(h) Where the Nurse is unable to reach the Employer for a shift due to inclement weather conditions, the Nurse shall have the option of using that tour as a vacation day, banked lieu time, or leave of absence without pay. It is understood the Nurse would notify the Employer as soon as possible of such inability to attend.

(i) The night shift will be the last shift of the day.

U) The Employer will endeavour to allow Full-Time Nurses who normally rotate to be scheduled to work days and evenings or days and nights, unless mutually agreed otherwise between the Employer and the Nurse.

(k) The Employer will endeavour, as far as reasonably practicable, to schedule an equal number of weeks on the day shift as on the evening and/or night shift. (Applicable to Full-Time Nurses.)

(I) The Employer will endeavour to allow a Full-Time Nurse who normally rotates to not be scheduled to work more than two (2) consecutive weeks on either an evening or night shift.

(m) (i) All work available at the time the initial schedule is posted will be distributed as equitably as possible, by seniority, amongst the regular Part-Time Nurses.

(ii) It is understood that the regular Part-Time Nurse's commitment is to her assigned unit before being scheduled shifts on another unit.

All regular Part-Time Nurses shall be offered scheduled tours up to fifteen (15) hours per week on an equitable basis. Additional shifts shall be offered to the regular Part-Time Nurses by seniority before

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Casual Nurses are offered shifts by seniority. It is recognized that the Employer shall not be required to assign any hours which may result in overtime premium pay.

(iii) After the schedule is posted the Procedure for Offering Additional Shifts, as outlined below, will be followed.

A shift will be deemed to be offered when a call is placed or an email sent, as outlined below.

Staff will provide the Hospital with one (1) contact number which is to be used to call for additional shifts.

Offers to fill a vacant shift that will occur within ninety-six (96) hours will be made by seniority and the shift(s) will be scheduled on a first reply basis.

In a situation where a Nurse needs to be replaced or an additional Nurse is required in order to perform duties consistent with proper patient care the following procedure will be followed,

1) Recall cancelled staff first, in order of seniority: Where an RPN has been cancelled and any work becomes available during that calendar day, the cancelled RPN will be offered the work first, provided it does not result in premium pay. If she declines, then continue as outlined below.

2) Part-Time staff who do not have their commitment (that is, who have less than one hundred thirty-five (135) scheduled hours over the nine (9) week schedule), in order of seniority

3) Part-Time or temporary Full-Time who are not in premium position and who have indicated availability for additional shifts and are not in a premium position are called and offered the shift at straight time, in order of seniority.

4) Casuals or Temporary Part-Time staff who are not in premium position are called and offered the shift at straight time, in order of seniority.

If a shift cannot be filled at straight time, it will be offered at overtime premium rates in the following order:

5) Full-Time who have indicated availability are called and offered the shift at premium pay, in order of

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13.03

seniority. 6) Part-Time who are in premium position are called and

offered the shift at premium pay, in order of seniority. 7) Casuals who are in premium position are called and

offered the shift at premium pay, in order of seniority.

Shifts available beyond 96 hours

For those shifts falling between ninety-six (96) hours to seven (7) days employees will be called and given two (2) hours to respond to the call before the shifts are filled.

Vacant shifts on the current schedule beyond the seven (7) days will be offered to all employees by email to all employees' Hospital email by 1600 hours on Wednesday of each week. Employees will be required to respond by 1600 hours the following Monday.

Once confirmed, shifts booked will be emailed out to the Employees. Each offer of a shift made will be documented.

NOTE (for interpretation only): THE PARTIES' UNDERSTANDING IS THAT THE PROCESS OUTLINED IN POINTS 1-7 WILL APPLY TO SHIFTS THAT FALL MORE THAN 96 HOURS AWAY.

(n) It is understood that individual permanent changes to the master schedule will not be made without endeavoring to obtain mutual agreement between all Nurses involved and the Employer.

(o) When the Employer desires to make a permanent change to the master schedule, it will advise the Union thirty (30) days prior to implementing the change and will, if the Union requests in a timely fashion, discuss the change with the Union. Nurses on the unit will choose their placement on the new master schedule by seniority.

(p) Where a Nurse requests a scheduled shift(s) off she shall endeavor to notify the Hospital within 48 hours. The Nurse will have the responsibility to replace the shift herself in accordance with Artide 13.02 (m)

Note: Overtime not to be incurred by way of the above process

Regular Part-Time Commitment

A regular Part-Time RPN's commitment to be available for work as required will include the following conditions:

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13.04

(a) available to work three (3) weekends in six (6);

(b) available to work all three (3) shifts (days, evenings and nights);

(c) available to work at least two (2) scheduled tours per week; and

(d) available to work as scheduled over either the Christmas or New Year's period subject to Article 15.08.

A commitment that a regular Part-Time RPN must make as specified herein is not a guarantee that the RPN will be scheduled to work according to this commitment. Further, the simple making of a commitment does not automatically transform a Casual RPN into a regular Part-Time RPN.

Job Sharing

If the Employer agrees to a job sharing arrangement, the following conditions shall apply unless otherwise agreed to by the parties:

(a) Job sharing requests with regard to Full-Time positions shall be considered on an individual basis.

(b) Total hours worked by the job sharers shall equal one (1) Full-Time position. The division of these hours on the schedule shall be determined by mutual agreement between the two (2) Nurses and the Manager.

(c) The Nurses involved in a job sharing arrangement will be classified as regular Part-Time and will be covered by the provisions of the Part-Time Collective Agreement.

(d) The above schedules shall conform with the scheduling provisions for Full-Time Employees under this Collective Agreement.

(e) Each job sharer may exchange shifts with her partner, as well as with other Nurses as provided by the Collective Agreement.

(f) The job sharers involved will have the right to determine which partner works on scheduled paid holidays and job sharers shall only be required to work the number of paid holidays and weekends that a Full-Time Nurse would be required to work.

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(g)

(h)

(i)

Coverage

(i) It is expected that both job sharers will cover each other's incidental illnesses. If, because of unavoidable circumstances, one job sharer (1) cannot cover the other, the Scheduling Office must be notified to book coverage. Job sharers are not required to cover for their partner in the case of prolonged or extended absences, however they will be given first right of refusal to these hours.

(ii) Vacation, Maternity Leave, and other Leaves Pursuant to Article 12 In the event that one (1) member of the job sharing arrangement goes on any of the above leaves of absence, the coverage will be negotiated with the Manager, but it is hoped that the remaining member of the position would be prepared to cover the leave of absence as much as possible.

Implementation

(i) Where the job sharing arrangement arises out of the filling of a vacant Full-Time position, both job sharing positions will be posted and selection will be based on the criteria set out in the Collective Agreements.

(ii) Any incumbent Full-Time Nurse wishing to share her position may do so without having her half of the position posted. The other half of the job sharing position will be posted and selection will be made on the criteria set out in the Collective Agreement.

(iii) If one (1) of the job sharers leaves the arrangement, her position will be posted. If there is no successful applicant to the position, the shared position must revert to a Full-Time position. The remaining Nurse will have the option of continuing the Full-Time position or reverting to a Part-Time position for which she is qualified. If she does not continue Full-Time, the position must be posted in accordance with the Collective Agreement.

Discontinuation

Either party may discontinue the job sharing arrangement with six (6) months' notice. Upon receipt of such notice, a meeting shall be held between the parties within fifteen (15) days to discuss the

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discontinuation. It is understood and agreed that such discontinuation shall not be unreasonable or arbitrary.

13.05 Where a nurse believes that an error has been made under Article 13.02 (m) (iii) for the allocation of additional tours to part-time and/or full-time nurses, the parties agree as follows:

(a) The nurse will raise the matter by email to the Manager or designate within nine (9) days of the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Nurse. The Manager or designate will have nine (9) days to investigate. Where an error is confirmed, the nurse and manager will, within the next 14 days, select a date in the future for a shift to be worked as a supernumerary when the employee is not scheduled or known to be working.

14.01 If a Nurse is authorized to work more than seven and one-half (7 1/2) hours in a day or more than 75 hours in a two week period, she shall receive overtime premium of one and one-half (11/2) times her regular straight time hourly rate.

Notwithstanding the foregoing, no overtime premium shall be paid for a period of less than fifteen (15) minutes of overtime work where the Nurse is engaged in reporting functions at the end of her normal daily tour. If authorized overtime amounts to fifteen (15) minutes or more, overtime premium shall be paid for the total period in excess of the normal daily tour. Overtime premium will not be duplicated for the same hours worked nor shall there be any pyramiding with respect to any other premiums payable under the provisions of this Collective Agreement. Nothing herein will disentitle the Nurse to payment of the normal tour differential provided herein. For purpose of clarity, a Nurse who is required to work on her scheduled day off shall receive overtime premium of one and one-half (11/2) times her regular straight time hourly rate, plus an additional day off.

Where an Employee is required to work additional overtime contiguous to an overtime shift within a twenty-four (24) hour period, the Employee will be compensated at the rate of double time his or her straight time hourly rate for all additional contiguous overtime hours worked.

Where an Employee performs authorized overtime work of at least three (3) hours duration, the Hospital will schedule a rest period of fifteen (15) minutes duration and such Employee shall be entitled to a meal allowance

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of six dollars ($6.00).

14.02 Notwithstanding the foregoing, overtime will not be paid for additional hours worked during a twenty-four (24) hour period either as a result of change in tour on the request of a Nurse or a change-over to daylight saving from standard time or vice-versa (Nurses will be paid for the actual hours worked during a change over) or an exchange of tours by two Nurses.

14.03 Where a Nurse is required to work on a paid holiday and she is required to work additional hours following her full tour on that day, she shall receive two (2) times her regular straight time hourly rate for such additional hours worked.

14.04 Reporting Pay

A Nurse who is scheduled for a seven and one-half (71/2) hour shift or more and who reports for work as scheduled, shall receive a minimum of four (4) hours' pay at her regular straight time hourly rate, unless otherwise notified by the Employer. She shall be required to perform any regular nursing duties assigned by the Employer which she is capable of doing, if her regular duties are not available. A Nurse who is called in or scheduled for less than a seven and one-half (71/2) hour shift shall receive a pro-rated amount based on the percentage of time the person was called or scheduled to work.

14.05 Where a Nurse has completed her regularly scheduled tour and left the Employer and is called in to work within 16 hours, she shall receive time and one-half (1 1/2) her regular straight time hourly rate for all hours worked with a minimum guarantee of four (4) hours' pay at time and one-half (1 1/2) her regular straight time hourly rate except to the extent that such four (4) hour period overlaps or extends into her regularly scheduled shift. In such a case, she will receive time and one-half (1 1/2) her regular straight time hourly rate for actual hours worked up to the commencement of her regular shift. Meetings and educational programs are excluded from this provision.

14.06 When an Employee is called in to work a regular shift less than one (1) hour prior to the commencement of the shift, and arrives within one (1) hour of the commencement, then the Employee will be paid for a full tour provided that the Employee works until the normal completion of the tour.

14.07 The following shall apply for call-back and use of lieu time scheduling by Nurses.

(a) Nurses who report to work while on call-back may have the option of waiving the four (4) hours minimum call as indicated in Article 14.04.

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14.08

These Nurses will receive premium pay at time and one-half (1-1/2) for all hours worked.

(b) For Full-Time Nurses, overtime hours may be banked as flex hours at a rate of time and one-half (1-1/2) for each hour worked in excess of the normally scheduled hours. These hours may be utilized by the Nurse at a mutually agreeable time between the Nurses and their Manager.

Standby Pay

A Nurse who is required to remain available for duty on standby shall receive standby pay in the amount of three dollars and thirty cents ($3.30) per hour for the period of standby scheduled by the Employer. Standby pay for statutory holidays shall be in the amount of four dollars and ninety cents ($4.90) per hour. Standby pay shall, however, cease where the Nurse is called in to work under Article 14.05 above and works during the period of standby.

14.09 Lieu Time Banks

Where a Nurse has worked and accumulated approved overtime hours (other than overtime hours relating to paid holidays) such Nurse shall have the option of electing payment at the applicable overtime rate or time off equivalent to the applicable overtime rate (i.e., where the applicable rate is time and one-half (1 1/2) then time off shall be at time and one-half (1 1/2). When a Nurse chooses equivalent time off, such time off must be taken at a mutually agreeable time. All time in excess of forty-five (45) hours will be paid to the Nurse in the next pay.

14.1 0 (a) Effective the first pay period after ratification, a Nurse shall be paid a shift premium of two dollars and fifteen cents ($2.15) per hour for each hour worked which falls within the hours defined as an evening shift and two dollars and fifty-five cents ($2.55) per hour for each hour which falls within the hours defined as a night shift provided that such hours exceed two (2) hours if worked in conjunction with the day shift. Shift premium will not form part of the Nurse's straight time hourly rate.

Effective April 1, 2018, the evening premium shall increase to two dollars and twenty cents ($2.20) per hour and the night premium shall increase to two dollars and sixty cents ($2.60) per hour.

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For the purposes of this article:

(i) the evening shift is defined as 1500 to 2300 hours. (ii) the night shift is defined as 2300 to 0700 hours.

(b) Responsibility Pay

Where a Nurse is assigned by the Employer to be responsible for an area (ie. Long Term Unit) she shall be paid a responsibility allowance of one dollar $1 .00 per hour. Effective March 31, 2015, Responsibility Pay will be raised to $1.40 per hour.

14.11 (a) Effective the first pay period after ratification, a Nurse shall be paid a weekend premium of two dollars and forty-five cents ($2.45) per hour for each hour worked between 2300 hours Friday and 2300 hours Sunday.

Effective April 1, 2018, the weekend premium shall increase to two dollars and fifty cents ($2.50) per hour.

14.12 Ambulance Escort:

Where a Nurse is assigned to provide care for a patient in transit, the following provisions shall apply:

(a) (i) Where a full- time Nurse performs such duties during her/his regular shift, the full- time Nurse shall be paid her/his regular rate of pay. Where a full- time Nurse performs such duties outside her/his regular shift or on a day off, she/he shall be paid the appropriate over time rate.

(ii) Where a part- time Nurse performs such duties during her/his assigned shift, she/he shall be paid her/his regular rate of pay. Where a part- time Nurse continues to perform such duties is excess of her/his assigned shift, she/he shall be paid the appropriate over time rate.

(b) Where such duties extend beyond the Nurses regular shift, the Employer will not require the Nurse to return to regular duties at the Hospital without at least 8 hours of time off. Where such time off extends into the Nurses next regularly scheduled shift, she/he will maintain her/his regular earnings for that full shift.

(c) Hours spent between the time the Nurse is relieved of patient care responsibilities and the time the Nurse returns to the Hospital or to such other location agreed upon between the Employer and the

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Nurse will be paid at straight time or at appropriate over time rates. It is understood that the Nurse shall return to the Employer or to such location agreed upon between the Employer and the Nurse at the earliest opportunity. Prior to the Nurses departure on escort duty, or at such other time as may be mutually agreed upon between the Employer and the Nurse, the Employer will establish with the Nurse arrangements for return travel.

(d) The Nurse shall be reimbursed for reasonable out-of-pocket expenses including room, board and return transportation and consideration will be given to any special circumstances not dealt with under the foregoing provisions to include but not be limited to a meal allowance of $6.00.

14.13 When a Nurse is required to travel to the hospital or to return home as a result of reporting to or off work between the hours of 2400 - 0600 hours, or at any time while on standby, the hospital will pay transportation costs either by taxi or by the Nurse's own vehicle at the rate of twenty-two cents ($0.22) per kilometre or hospital policy whichever is greater,

NOTE:

15.01

or such greater amount as the hospital may in its discretion determine for each trip between the aforementioned hours. The Nurse will provide to the hospital satisfactory proof of payment of such taxi fare.

The above clause is in reference to the single position only of O.R. technician within the RPN classification.

Articles 15.01 to 15.06 deal with Full-Time Nurses only.

A Nurse who otherwise qualifies under Article 15.02 hereunder shall receive the following as paid holidays:

New Year's Day Easter Monday Civic Holiday Christmas Day

Family Day Victoria Day Labour Day Boxing Day

Good Friday Canada Day Thanksgiving Day Remembrance Day

15.02 In order to qualify for pay for a holiday, a Nurse shall complete her full scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Employer or the Nurse was absent due to:

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(a) Legitimate illness or accident which commenced within a month of the date of the holiday;

(b) vacation granted by the Employer;

(c) the Nurse's regular scheduled day off;

(d) a paid leave of absence provided the Nurse is not otherwise compensated for the holiday.

A Nurse entitled to holiday pay hereunder shall not receive sick leave pay to which she may otherwise have been entitled unless she was scheduled to work that day. A Nurse receiving Workplace Safety and Insurance Board Benefits (WSIB) for the day of the holiday shall, subject to the above provisions, be entitled to the difference between the amount of the Workplace Safety Insurance Board Benefits (WSIB) and the holiday pay.

15.03 Holiday pay will be computed on the basis of the Nurse's regular straight time hourly rate of pay times seven and one-half (7 1/2). A Part­Time Nurse will be paid as per the ESA as amended from time to time.

15.04 Subject to Article 15.02:

(a) Where a holiday falls during a Nurse's scheduled vacation period, her vacation shall be extended by one (1) day unless the Nurse and the Employer agree to schedule a different day off with pay.

(b) Where a holiday falls on a Nurse's scheduled day off an additional day off with pay will be scheduled.

15.05 A Nurse required to work on any of the foregoing holidays shall be paid at the rate of time and one-half (1 1/2) her regular straight time hourly rate of pay for all hours worked on such holiday (2300 to 2300 hours) subject to Article 14.03. In addition, she will receive a lieu day off with pay in the amount of her regular straight time hourly rate of pay times seven and one­half (7 1 /2) hours.

15.06 By mutual consent where a Nurse is entitled to a lieu day under Article 15.04 or 15.05 above, such day off must be taken by mutual consent. If a mutually agreeable time is not found within 60 calendar days, the Employer will schedule the lieu day. The Employer shall fill the shift as per article 13.02 (m).

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15.07 Part-Time Nurses

If a regular Part-Time Nurse works on any of the holidays listed in Article 15.01, she shall be paid at the rate of time and one half(11/2) her regular straight time hourly rate for all hours worked on such holiday, subject to Article 14.03.

15.08 All Employees shall receive Christmas or New Year's off, unless

15.09

16.01

otherwise desired - Christmas one year and New Year's the next. All Employees are entitled to five (5) consecutive days off at Christmas or New Year's, if so desired. Normal scheduling provisions may be suspended during the period of December 15 to January 15 to accommodate time off.

"Christmas" includes Christmas Eve Day commencing at 0700 hours, Christmas Day and Boxing Day.

"New Year's" includes New Year's Eve Day commencing at 0700 hours and New Year's Day.

Where feasible, Nurses who have 25 years of service are entitled to both the actual Christmas and New Year's days off. Where this is not possible, seniority shall govern.

For the 2015 Christmas schedule, self scheduling for Full-Time and Part­Time Employees will apply. The parties will review this trial to determine if it will be used in future years.

The Employer will endeavour to post the approved holiday schedule no later than November 1st each year.

Full-Time Nurses shall receive vacations with pay based on the length of Full-Time continuous service as of the Nurse's anniversary date:

(a) Nurses who have completed less than one (1) year of service shall be entitled to vacation pay in the amount of 4% of gross earnings.

(b) Nurses who have completed one ( 1) or more years of service shall be entitled to an annual vacation of three (3) weeks, with pay.

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(c) Nurses who have completed five (5) or more years of service shall be entitled to an annual vacation of four (4) weeks, with pay.

(d) Nurses who have completed twelve (12) or more years of service shall be entitled to an annual vacation of five (5)

weeks, with pay.

(e) Effective April 1, 2014 Nurses who have completed twenty (20) or more years of service shall be entitled to an annual vacation of six (6) weeks, with pay.

(f) Nurses who have completed twenty-eight (28) or more years of service shall be entitled to an annual vacation of seven (7) weeks, with pay.

(g) If a Nurse works or receives paid leave for less than 1500 hours in the vacation year she will receive vacation pay based on a percentage of her gross salary for work performed on the following basis:

i) Less than 3 week entitlement - 4% ii) 3 week entitlement - 6% iii) 4 week entitlement - 8% iv) 5 week entitlement - 10% v) 6 week entitlement - 12% vi) 7 week entitlement - 14%

16.02 (a) Where an Employee's scheduled vacation is interrupted due to serious illness which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave.

(b) Where an Employee's scheduled vacation is interrupted by a serious illness requiring the Employee to be admitted to the hospital, the period of such hospitalization and convalescent period (as supported by documentation from the physician), shall be considered sick leave.

Where an Employee's vacation is interrupted due to bereavement, the Employee shall be entitled to the standard bereavement leave and her vacation will be adjusted accordingly.

(c) The portion of the Employee's vacation which is deemed to be sick leave under the above provisions will not be counted against the Employee's vacation credits.

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(d) Should a Nurse who has commenced her scheduled vacation and agrees, upon request by the Employer to return to perform work during the vacation period, the Nurse shall be paid at the rate of one and one half (1 ½) times her basic straight time rate for all hours so worked. To replace the originally scheduled days on which such work was performed, the Nurse will receive one (1) vacation lieu day off for each day on which she worked.

(e) Should a Part-Time Nurse who has commenced her scheduled vacation shifts and agrees, upon request by the Employer to return to perform work during the scheduled vacation shifts, the Nurse shall be paid at the rate of one and one half (1 ½) times her basic straight time rate for all hours so worked. To replace the originally scheduled vacation shifts on which such work was performed, the Nurse will receive one (1) vacation day off for each day on which she worked.

16.03 Scheduling

(a) For scheduling purposes, there will be two vacation planning periods: May 1 to October 31 and November 1 to April 30 of each year.

(b) The vacation planner showing the Nurse's seniority ranking shall be posted no later than January 15 and July 1st for the respective planning periods. The Nurse will indicate her preference for vacation no later than March 1st for the May to October planning period and September 1st for the November to April planning period.

(c) A finalized vacation schedule will be posted by April 1st and October 1st.

(d) In scheduling vacation requests, preference will be given to Nurses in accordance with their seniority provided the Nurse exercises this right by March 1, after which time vacation requests, which must be in writing, will be scheduled on a first come, first served basis.

(e) The Employer shall grant vacation requests subject to the staffing requirements of the Employer.

(f) Vacations will not be scheduled for the period from December 20 to January 5, however, vacations will be considered in extenuating circumstances.

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(g) All vacations earned as of the Nurse's anniversary date must be taken prior to the Nurse's next anniversary date.

(h) Prior to leaving on vacation, Nurses shall request the date and time on which to report for work following the vacation if the schedule has not been posted for such date.

(i) Vacation time balances will be provided on each bi-weekly pay statement.

16.04 Part-Time Nurses

(a) All regular Part-Time Nurses shall be entitled to vacation pay based upon the applicable percentage provided in accordance with the vacation entitlement of Full-Time Nurses, of their gross earnings in the previous year. If a Nurse works or receives paid leave for less than 1100 hours in the vacation year, she will receive vacation pay based on a percentage of her gross salary for work performed on the following bases:

i) less than 3 week entitlement - 4% ii) 3 week entitlement - 6% iii) 4 week entitlement - 8% iv) 5 week entitlement - 10% v) 6 week entitlement - 12% vi) 7 week entitlement - 14%

Equivalent years of service, calculated pursuant to the formula set out in Article 16.05, shall be used to determine vacation entitlement.

16.05 For the purposes of vacation entitlement, service for those Nurses whose status is changed from Part-Time to Full-Time or vice-versa, shall mean the combined service as a Part-Time and Full-Time Nurse employed by the Employer on a continuous basis. For the purpose of this Article, Effective April 1, 2012, 1500 hours of Part-Time service shall equal one (1) year of Full-Time service and vice-versa.

16.06 All Employees who leave the employ of the Employer for any reason shall be entitled to receive any unpaid vacation pay which has accrued to her to the date of her separation, it being understood and agreed that the Nurse will provide at least two (2) weeks' notice of termination.

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17.01 Part-Time Nurses

(a) The hourly salary rates, inclusive of the percentage in lieu of fringe benefits in effect during the term of this Agreement for all regular and Casual Part-Time Nurses shall be those calculated in accordance with the following formula:

Applicable straight time hourly rate+ 14%.

(b) The hourly salary rates payable to a regular or Casual Part-Time Nurse include compensation in lieu of all fringe benefits which are paid to Full-Time Nurses except those specifically provided to Part­Time Nurses in this Agreement. It is further understood and agreed that pension is included within the percentage in lieu of fringe benefits. Notwithstanding the foregoing, all Part-Time Nurses may, on a voluntary basis, enrol in the Healthcare of Ontario Pension Plan when eligible in accordance with its terms and conditions. For Part­Time Nurses who are members of the Pension Plan, the percentage in lieu of fringe benefits is ten ( 10%) percent.

17.02 Full-Time Nurses

(a) The Employer shall maintain the existing income protection benefit. The Employer will pay 90% of the billed premium towards coverage of eligible Employees under the long-term disability portion of the plan. The Employee will pay the balance of the billed premium through payroll deduction.

Any dispute that may arise concerning an Employee's entitlement to long-term disability benefits, and which is not covered by the appeal mechanism provided for under the policy of insurance, may be the subject of grievance and arbitration under the provisions of this Agreement.

(b) Employment Insurance Rebate

The short-term sick leave plan shall be registered with the Employment Insurance Commission (EiC). The Nurse's share of the Employer's employment insurance premium reduction will be retained by the Employer towards offsetting the cost of the benefit improvements contained in this agreement.

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(c) The Employer agrees to pay a Nurse an amount equal to any loss of benefits under HOODIP for the first two (2) days of the fourth and subsequent period of absence in any calendar year.

(d) (i) There will be no deduction from a Full-Time Nurse's regular scheduled shift when she has completed any portion of the shift prior to going on sick leave benefit or WSIB benefit.

(ii) There will be no deduction from a Part-Time Nurse's regular scheduled shift when she has completed any portion of the shift prior to going on WSIB benefit.

(e) Nurses returning to work from an illness or injury compensable under WSIB, will be assigned modified duty as necessary, if available.

17.03 (Applicable to Full-Time Nurses only)

The Employer agrees, during the term of the Collective Agreement, to contribute towards the premium coverage of participating eligible Employees in the active employ of the Employer under the insurance plans set out below subject to their respective terms and conditions including any enrolment requirements:

(a) The Employer agrees to pay 100% of the billed premium towards coverage of eligible Employees in the active employ of the Employer under the Semi-Private Plan currently in effect.

(b) The Employer agrees to contribute 75% of the billed premium towards coverage of eligible Employees in the active employ of the Employer under the existing Extended Health Care Benefits Plan, providing the balance of monthly premiums is paid by the Employee through payroll deductions. Vision care maximum effective March 31, 2015, $400.00 every 24 months, with ability to use coverage for laser surgery, and to include one eye exam every 24 months and hearing aide allowance $500.00 every thirty-six (36) months to a life­time maximum of $3500.00. Effective July 1, 2017, the annual maximum for a Chiropractor, Massage Therapist, Psychotherapist, Speech Therapist and licensed or registered Physiotherapist will be increased to $350.00.

(c) The Employer agrees to contribute 100% of the billed premium towards coverage of eligible Employees in the active employ of the Employer under the group life insurance plan currently in effect

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(d) i) The Employer agrees to contribute 75% of the billed premiums towards coverage of eligible Employees in the active employ of the Employer under the existing Dental Plan(based on the current ODA fee schedule, provide for recall oral examination to be covered once every nine (9) months (adult only), providing the balance of the monthly premiums are paid by the Employee through payroll deduction.

ii) The Employer agrees to provide complete and partial dentures at 50/50 co-insurance with $1000.00 per person annual maximum and Blue Cross Rider # 4 or equivalent (crowns, bridgework and repairs to same) at 50/50 co­insurance to $1500.00 annual maximum per person, orthodontics 50/50 co-insurance with $2000.00 maximum per insured lifetime.

Providing the balance of the monthly premiums are paid by the Employee through payroll deduction.

(e) All present Nurses enrolled in the Employer's Pension Plan shall maintain their enrolment in the Plan subject to its terms and conditions. New Nurses and Nurses employed but not yet eligible for membership in the Plan, shall as a condition of employment, enroll in the Plan when eligible in accordance with its terms and conditions.

(f) The Employer may substitute another carrier for any of the foregoing plans provided that the level of benefits conferred thereby are not decreased. The Employer will advise the Union of any change in carrier or underwriter at least sixty (60) days prior to implementing a change in carrier.

(f) For those Employees transferring from Part-Time to Full-Time, there will be no waiting period for benefits, except as provided by the plan, if the Part-Time Employee has over 450 hours worked. Where the Nurse has not worked more than 450 hours, she or he will be given credit for those hours worked from date of hire.

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Benefits Age 65 and Older Semi-private hospital insurance, extended health care benefits and dental benefits will be extended to active Full-Time Nurses from the age of sixty-five (65), and up to the Nurse's seventieth (70th) birthday, on the same cost share basis as applies to those Nurses under the age of sixty-five (65). Upon reaching the age of seventy (70) the Nurse shall automatically receive the amount of in lieu of benefits as per Article 17.01.

(h) The Hospital will provide to all Employees who retire and have not yet reached age 65 and who are in receipt of the Hospital's pension plan benefits, semi-private, extended health care and dental benefits on the same basis as is provided to active Employees, as long as the retiree pays the Employer the full amount of the monthly premiums, in advance.

17 .04 The Hospital shall continue to pay the premiums for benefit plans under Articles 17 for Nurses who are on paid leave of absence or on WSIB or at any time when salary is received, or as provided in Article 12.06 & 12.07. Such payment shall also continue while a Nurse is on sick leave (including the Employment Insurance Period) or on Long Term Disability to a maximum of 30 months from the time the absence commenced, or for retirees who are in receipt of Pension Permanent Disability Benefits to a maximum of 30 months from the time the absence commenced.

17.05

18.01

18.02

Nurses who are one layoff may continue to participate in benefit plans, at their request, provided they make arrangements for payment and provided also that the layoff does not exceed one year.

Any medical notes requested by the Employer will be paid in full by the Employer.

Copies of this Collective Agreement will be provided to each Nurse covered by the Collective Agreement by the Employer. The Employer will be responsible for printing of the Agreement. The cost of printing the Collective Agreement will be shared equally by the Employer and the Union.

Whenever the feminine pronoun is used in this Agreement, it includes the masculine pronoun and vice-versa where the context so requires. Where the singular is used, it may also be deemed to mean plural and vice-versa.

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18.03 It shall be the duty of each Nurse to notify the Employer promptly of any change in address or any change in temporary residency. If a Nurse fails to do this, the Employer will not be responsible for failure of a notice sent by registered mail to reach such a Nurse. A Nurse shall notify the Employer of any change to her telephone number. Nurses are expected to check their LWHA intranet.

18.04 Medical examination, re-examinations and any tests required under the Public Employer Act will be provided by the Employer in compliance with the Regulations. The Nurse may choose her personal physician for all such examinations, except the pre-employment medical, unless the Employer has a specific objection to the physician selected.

18.05 Prior to effecting any changes in rules or policies which affect Nurses covered by this Agreement, the Employer will discuss the changes with the Union and provide copies to the Union.

18.06 Employees shall be paid by direct bank deposit every two weeks or such other method of payment agreed to by the parties.

18.07 The Employer will provide a bulletin board space for the purpose of posting notices regarding meetings and notices otherwise restricted to Union matters. All such notices must be signed by a member of the Union's Executive.

18.08 The Employer will provide one ( 1) beeper to the Employer Operating Room Technician. The transfer of the beeper between staff shall be arranged by the Operating Room Technicians at no cost to the Employer.

18.09 (a) The Employer will notify the Local Union Chief Steward of the names of all Nurses who go off due to a work related injury or when a Nurse goes on LTD.

(b) When it has been medically determined that an Employee is unable to return to the full duties of her position due to a disability, the Employer will notify and meet with a staff Representative of the Union and a member of the Local Executive to discuss the circumstances surrounding the Employee's return to suitable work.

18.10 The Employer agrees to provide the Employee with a copy of the Workplace Safety Insurance Board's form at the same time as it is sent to the Board

18.11 In the event that the Employer subpoenas a Nurse as a witness, said Nurse shall be paid her regular straight time hourly rate for all time involved

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18.13

plus any expenses. The Employer and the Nurse shall mutually agree as to time off required to comply with the subpoena.

Uniform Allowance:

Employees who are required to wear uniforms which are not supplied by the Employer will be paid an allowance for uniforms, of one hundred and fifty ($150.00) dollars for a Full-Time Employee and one hundred dollars ($100.00) for a Part-Time Employee per year payable in two (2) equal instalments of seventy-five ($75.00) and fifty ($50.00) dollars in April and October.

18.14 PEER FEEDBACK PROCESS OF THE QUALITY ASSURANCE PROGRAM REQUIRED BY THE COLLEGE OF NURSES OF ONTARIO

The above referenced peer feedback is confidential information which the Nurse is expected to obtain by requesting feedback from peer(s) of her choice, for the sole purpose of meeting the requirements of the Quality Assurance Program required by the College of Nurses of Ontario. The parties recognize the importance of supporting the confidential nature of the Peer Feedback component of the Quality Assurance Program. For further clarity, the above referenced peer feedback will not in any way, be used as a performance evaluation.

A Nurse shall be entitled to a leave of absence without loss of earnings from her regularly scheduled working hours for the purpose of writing exams arising out of the Quality Assurance Program required by the College of Nurses of Ontario.

19.01 The regular straight time hourly rate for all Nurses shall be as follows:

Pay Equity Rates

Start 11 year 12 years I 3 years April 1 , 2019 1 %

28.30 I 28.76 I 29.21 I 29.69 April 1 , 2020 1 %

28.58 I 29.05 I 29.50 I 29.99 April 1, 2021 1 %

28.87 I 29.34 I 29.80 I 30.29

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19.02 Part-Time and Casual Nurses shall accumulate service for the purpose of progression on the wage grid, on the basis of one ( 1 ) year for each 1500 hours worked.

19.03 If a Nurse's Certificate of Registration is suspended by the College of Nurses for non-payment of the annual fee, the Nurse will be placed on non-disciplinary suspension without pay. If the Nurse presents evidence that her or his Certificate of Registration has been reinstated, she or he shall be reinstated to her or his position effective upon presenting such evidence. Failure to provide evidence within 90 calendar days of the Nurse being placed on non-disciplinary suspension by the Employer will result in the Nurse being deemed to be no longer qualified and the Nurse shall be terminated from the employ of the Employer. Such termination shall not be the subject of a grievance or arbitration.

19.04 Portability of Service

An Employee hired by Wingham and District Hospital with recent and related experience may claim consideration for such experience at the time of hiring by producing an acceptable original document from their previous Employer(s) of verification of previous related experience. The Employer shall then evaluate such experience during the probationary period following hiring. Where in the opinion of the Employer such experience is determined to be relevant, the Employee shall be credited with one step of the wage progression consistent with one ( 1 ) year's service for every one (1) year (or the equivalent of 1500 hours for Part-Time and Casual Nurses) of related experience in the classification upon completion of the Employee's probationary period. It is understood and agreed that the foregoing shall not constitute a violation of the wage schedule under the collective agreement.

20.01 The Union recognizes that the management of the Employer and the direction of working forces are fixed exclusively in the Employer and shall remain solely with the Employer, except as specifically limited by the provisions of this Agreement, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency;

56

(b) hire, assign, retire, discharge, direct, promote, demote, classify, transfer, lay-off, recall and suspend or otherwise discipline Nurses, provided that a claim by a Nurse that she has been discharged and disciplined without just cause may become the subject of a grievance and dealt with as hereinafter provided;

(c) make, enforce and alter, from time- to- time, reasonable rules and regulations to be observed by the Nurses;

(d) determine in the interest of efficient operation and highest standards of service, job rating or classification, the hours of work, work assignments, methods of doing work and the working establishment for the service;

(e) generally to manage the operation that the Employer is engaged in and, without restricting the generality of the foregoing, to determine the number of personnel required, methods, procedures and equipment in connection therewith; and all other rights and responsibilities of management not specifically modified elsewhere in this Agreement.

These rights will not be exercised in a manner inconsistent with this Agreement.

21.01 The Collective Agreement shall be effective from April 1, 2019 and continue in effect until March 31, 2022 and shall remain in effect from year to year thereafter unless either party gives the other party written notice of termination or desire to amend the Agreement in accordance with Article 21.02 below or in accordance with Section 10(12) of the Employer Labour Disputes Arbitration Act.

21.02 Where either party desires to amend or terminate this Agreement, it shall give notice to the other party only within the period ninety (90) days prior to the expiration date of this Agreement or to any anniversary of such expiration date.

57

21.03 If notice of amendment is given by either party, the other party agrees to meet for the purpose of negotiation within thirty (30) days after the giving of such notice, if requested to do so.

Dated at Wingham, Ontario, this ~~ dayof D(m l , 2020.

FOR THE UNION

58

APPENDIX "A"

JOB SECURITY

If there is any conflict between the time and conditions set out herein and other provisions of the Collective Agreement, the following conditions shall prevail:

1. Notice and Redevelopment Committee

(a) Notice

In the event of a proposed layoff at the Employer of a permanent or long­term nature or the elimination of a position within the bargaining unit, the Employer shall:

(i) provide the Union with no less than five (5) months' written notice of the proposed layoff or elimination of position; and

(ii) provide to the affected Employee(s), if any, no less than five (5) months' written notice of layoff, or pay in lieu thereof.

Note: Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff.

(b) Redevelopment Committee

At each Employer a Redevelopment Committee will be established not later than two (2) weeks after the notice referred to in paragraph (a) and will meet thereafter as frequently as is necessary.

(i) Committee Mandate

The mandate of the Redeployment Committee is to:

(1) Identify and propose possible alternatives to the proposed layoff(s) or elimination of position(s), including, but not limited to, identifying work which would otherwise be bargaining unit work and is currently work contracted-out by the Employer which could be performed by bargaining unit Employees who are or would otherwise be laid off;

(2) Identify vacant positions in the Employer or positions which are currently filled but which will become vacant within a twelve (12) month period and which are either:

59

(ii)

(a) within the bargaining unit; or (b) not covered by a collective agreement.

(3) Identify the retraining needs of workers and facilitate such training for workers who are, or would otherwise be, laid off;

(4) Subject to Article 11, the Employer will award vacant positions to Employees who are, or would otherwise be, laid off in order of seniority if, with benefit of up to six (6) months retraining, an Employee has become able to meet the normal requirements of the job;

(5) Any dispute relating to the foregoing procedures may be filed as a grievance commencing at Step 3.

Committee Composition

The Redeployment Committee shall be comprised of equal numbers of Representatives of the Employer and of the Union. The number of Representatives will be determined locally. Where for the purposes of HTAP (the Ontario Employer Training and Adjustment Panel) there is another Employer-wide staffing and redeployment committee created or in existence, Union members of the Redeployment Committee shall serve on any such Employer-wide staffing committee established with the same or similar terms of reference, and the number of Union members on such committee will be proportionate to the number of its bargaining unit members at the particular Employer in relation to other staff groups.

Meetings of the Redeployment Committee shall be held during normal working hours. Time spent attending such meetings shall be deemed to be work time for which the Representative( s) shall be paid by the Employer at his or her regular or premium rate as may be applicable.

Each party shall appoint a co-chair for the Redeployment Committee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such correspondence as the Committee may direct.

(iii) Disclosure

The Employer shall provide to the Redeployment Committee all pertinent staffing and financial information.

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2.

(iv) Alternatives

The Redeployment Committee, or where there is no consensus, the committee members shall propose alternatives to cutbacks in staffing to the Employer's Chief Executive Officer and to the Board of Directors.

At the time of submitting any plan concerning rationalization of services and involving the elimination of any position(s) or any layoff(s) to the Local Health Integration Network or to the Ministry of Health, the Employer shall provide a copy, together with accompanying documentation, to the Union.

Layoff and Recall

An Employee in receipt of notice of layoff pursuant to paragraph (1 )(a)(ii) hereof may:

(a) accept the layoff; or

(b) opt to receive a separation allowance as outlined in paragraph 4 hereof; or

(c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in paragraph 8 hereof; or

(d) displace another Employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the Employee originally subject to layoff has the ability to meet the normal requirements of the job. An Employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with paragraph 1 hereof.

An Employee who chooses to exercise the right to displace another Employee with lesser seniority shall advise the Employer of his or her intention to do so and the position claimed within ten (10) days after receiving the notice of layoff.

An Employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another Employee in accordance with (a) and (d) above.

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3.

An Employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete.

In determining the ability of an Employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary or unfair manner.

No new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.

The Employer shall notify the Employee of recall opportunity by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the Employee is eligible to be recalled and the date and time at which the Employee shall report for work. The Employee is solely responsible for his or her proper address being on record with the Employer.

Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.

No Full-Time Employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more Part-Time Employees.

In the event of a layoff of an Employee, the Employer shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in paragraph 1 hereof.

Retraining

(a) Retraining for Positions within the Employer

Where, with the benefit of retraining of up to six months, an Employee who has either accepted the layoff or who is unable to displace any

62

other Employee could be deployed to a Hospital position identified by the Redeployment Committee in accordance with paragraph 1 (b )(i):

(i) Opportunities to fill vacant positions identified by the Employer Redeployment Committee through retraining shall be offered to Employees who apply and would qualify for the position with the available retraining in order of their seniority until the list of any opportunities is exhausted. Opportunities to fill vacancies outside of the bargaining unit may be offered by the Employer in its discretion.

(ii) The Employer and the Union will cooperate so that Employees who have received notice of permanent layoff and been approved for retraining in order to prevent a layoff will have their work schedules adjusted in order to enable them to participate in the retraining, and scheduling and seniority requirements may be mutual agreement be waived. The Redeployment Committee will seek the assistance of the Employer Training and Adjustment Panel (HTAP) to cover the cost of tuition, books and any travel.

(iii) Apart from any on-the-job training offered by the Employer, any Employee subject to layoff who may require a leave of absence to undertake retraining in accordance with the foregoing shall be granted an unpaid leave of absence which shall not exceed six (6) months.

(iv) Laid-off Employees who are approved for retraining in order to qualify for a vacant position within the Employer will continue to receive insured benefits.

(b) Placement

Upon successful completion of his or her training period, the Employer and the Union undertake to waive any restrictions which might otherwise apply, and the Employee will be placed in the job identified in paragraph 3(a)(i).

An Employee subject to layoff who applies but later declines to accept a retaining offer or fails to complete the training will remain subject to layoff.

4. Separation Allowances

(a) Where an Employee resigns within one month (30 days) after receiving notice of layoff pursuant to paragraph 1 (a)(ii) that his or her position will be eliminated, he or she shall be entitled to a separation

63

7.

allowance of two (2) weeks' salary for each year of continuous service to a maximum of twelve (12) weeks' pay and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of three thousand ($3,000.00) dollars.

(b) Where an Employee resigns later than one (1) month after receiving notice pursuant to paragraph 1 (a)(ii) that his or her position will be eliminated, he or she shall be entitled to a separation allowance of four (4) weeks' salary, and on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of one thousand two hundred and fifty ($1,250.00) dollars.

6. Further the parties agree that the Redeployment Committee will immediately undertake a review of any existing sub-contract work which would otherwise be bargaining unit work and which may be subject to expiry and open for renegotiation within six (6) months with a view to assessing the practicality and cost-effectiveness of having such work performed within the Employer by members of the bargaining unit.

Insured Benefits

The Employer will provide equivalent coverage to all Employees who retire early and have not yet reached age 65 and who are in receipt of the Healthcare of Ontario Pension Plan Benefits on the same basis as is provided to active Employees for semi-private, extended health care and dental benefits. The Employer will contribute the same portion towards the billed premiums of these benefits plans as is currently contributed by the Employer to the billed premium of active Employees.

It is the responsibility of the retiree to make prompt payments to the payroll office of WDH at least monthly in order to insure uninterrupted coverage.

8. Retirement Allowance

Prior to issuing notice of layoff pursuant to paragraph 1 (ii) in any classification(s), the Employer will offer early retirement allowance to a sufficient number of Employees eligible for early retirement under HOOPP within the classification(s) in order of seniority, to the extent that the maximum number of Employees within a classification who elect early retirement is equivalent to the number of Employees within the classification(s) who would otherwise receive notice of layoff under paragraph 1 (ii).

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An Employee who elects an early retirement option shall receive, following completion of the last day of work, a retirement allowance of two weeks' salary for each year of service, plus a prorated amount for any additional partial year of service, to a maximum ceiling of 26 weeks' salary, and, in addition, Full-Time Employees shall receive a single lump-sum payment equivalent to $1,000.00 for each year less than age 65 to a maximum of $5,000.00 upon retirement.

65

"Appendix B"

LiUNA Local 3000 Professional Responsibility Workload Report Form

Name of Employee Reporting ____________________ _ Employer ___________________________ _

Unit /Area ----------------------------Date of Occurrence Shift ----------- ------------Name of Manager _________________________ _

Details of Occurrence Please provide a summary of the occurrence and how you believe it impacted patient care

Provide and identify the Nursing Standard(s) Practice Guidelines or policies that are believed to be at risk.

Please indicate what attempts you made to find an alternative solution with your colleagues. Please identify the alternatives found.

Is this an isolated incident or ongoing problem?

66

Working Conditions In order to effectively resolve workload issues, provide detail about the working conditions at the time of the occurrence by providing the following. Regular Staff Scheduled RN D RPN D

Actual Staff Scheduled RN O RPN 0

Novice RN □

Was there a staff shortage at the time of the occurrence? Employment Standards Act Day D Sick Call 0

Vacancy D

Was management support available on site? Yes D No D

Patient Care - is this not just a duplication of the first item? Please indicate the factor you believe contribute to the workload issue and provide details.

Remedy Provide details that you believe would correct the issue and if it was or was not resolved/ addressed by management.

Recommendations What do you think should be addressed in order to prevent a similar occurrence?

Employee Signature Date

67

LETTER OF UNDERSTANDING# 1

Between

WINGHAM AND DISTRICT HOSPITAL

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000

The Employer will repair and /or replacement of eyeglasses and/or uniforms for a Nurse when assaulted by an aggressive client.

Dated at Wingham, Ontario, this d\f= day of Apn I , 2020.

FOR THE EMPLOYER FOR THE UNION

~~:, ~~~LJ r

68

LETTER OF UNDERSTANDING# 2

Between

WINGHAM AND DISTRICT HOSPITAL

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000

Re: SUPERNUMERY POSITIONS

The Hospital may introduce supernumerary positions to be offered to newly graduated Nurses. Where such positions are introduced, the following will apply:

1. Only so many positions will be created as are covered by government funding for supernumerary positions;

2. Newly graduated Nurses are defined as those Nurses who have graduated from a nursing program or refresher program within the last year;

3. Positions will be created first on the medical/chronic units except as the parties otherwise agree;

4. No appointment will be made to a supernumerary position without prior discussion with the local Federation Representative as to where the supernumerary Nurses will be assigned, what will be expected of them, and what mentoring arrangement will apply;

5. Such positions will not be subject to internal postings or request for transfer processes outlined in Article 11.06

6. Such Nurses will be in formal mentorship arrangements in accordance with Article 9.06 (b)

7. The duration of such supernumerary appointments will be for the period of time that funding is provided but not less than twelve (12) weeks;

8. Such Nurses can apply for posted positions after the probationary period is completed;

9. If the Nurse has not successfully posted into a permanent position by the end of the supernumerary appointment, she/he will be reclassified as Casual Part-Time and this will not be considered a lay-off and the Nurse will not be reassigned;

10. The Hospital bears the onus of demonstrating that such positions are supernumerary;

11. The Federation will be provided with such written information as it may reasonably require regarding each supernumerary position;

69

12. In the event of a layoff in the area of assignment of the supernumerary Nurse, the Local Federation may require that the supernumerary Nurse shall be first laid off

Dated at Wingham, Ontario, this day of /Jpyi 1 , 2020.

FOR THE UNION

70

LETTER OF UNDERSTANDING# 3 Between

WINGHAM AND DISTRICT HOSPITAL

And

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000

Re: HOURS OF WORK AND SCHEDULING, EXTENDED TOURS - 2D/2N

Hours of work for those working 2D/2N rotations shall be scheduled in accordance with the following:

Hours of Work

1. The hours of work are 11.25 hours paid including 45 minutes paid break and 45 minutes unpaid break, set out in a twelve (12) hour period. The first shift of the day will be the day shift and will be from 0700 to 1900. Night shift will be from 1900 to 0700.

Days a) There shall be a thirty (30) minute relief period scheduled during the first three (3) hours

of the tour; a thirty (30) minute meal/relief period, half unpaid and half paid scheduled during the next three (3) hours and: a final thirty (30) minute unpaid meal period scheduled prior to the end of the tour.

Nights b) There shall be a thirty (30) minute relief period scheduled during the first four (4) hours

of the tour; a thirty (30) minute unpaid meal break scheduled during the next three (3) hours; and a final thirty (30) minute meal/rest period, half unpaid and half paid scheduled prior to the end of the tour. It is understood that the second and third meal and break periods may be combined to total sixty (60) minutes.

2. No more than four (4) consecutive extended tours shall be scheduled. The four (4) consecutive tours will consist of two (2) eleven and one-quarter (11.25) hour days immediately followed by two (2) consecutive eleven and one-quarter (11.25) hour nights followed by five (5) consecutive days off. Premium will be paid, as per Article 13 and 14, for a fifth (5th

) and subsequent consecutive tour worked save and except where:

a) The fifth (5th ) extended tour is worked to satisfy specific requested days off requested by the employee; or,

b) The fifth (5th) extended tour is the result of an exchange with another employee.

3. a) An employee working the 2D/2N rotation shall receive at least every fourth (4th)

weekend off, which shall consist of a minimum of seventy-two (72) hours, which shall commence no later than 1930 Friday.

b) An employee shall receive premium pay for all hours worked on a fourth (4th)

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4.

5.

consecutive and subsequent weekend until a weekend off is scheduled, save and except where:

i) The weekend has been worked by the employee to satisfy specific days off requested by such employee; or

ii) The weekend is worked as a result of an exchange of tours with another employee; or

iii) The employee has requested weekend work.

Evening or night shift premiums as per Article 14.10 will be paid to nurses who work the hours between 1500 and 2300, or 2300 and 0700 respectively.

Paid Holidays

A nurse who works on a paid holiday will receive time and one-half (1 ½) for the actual hours worked on such holiday.

6. The 2D/2N schedule will not affect schedules of other employees on the unit in such a way as to cause a scheduling violation under the provisions of the Collective Agreement.

7. Schedules will be posted at least two (2) weeks in advance and will cover a nine (9) week period. Shifts not assigned will be posted three (3) weeks prior to the end of the current schedule. Regular part-time nurses shall have one (1) week to indicate shifts they are available to work. Shifts shall be assigned to the most senior nurse who has indicated her availability for an available shift. Shifts not picked up using this process will be assigned to the least senior nurse if no casual nurse is available. All available shifts must be assigned prior to the schedule being posted.

8. Full-Time Hours

All scheduling will be done on the basis that each full-time employee will be scheduled for 1950 hours per year. To achieve this, the master schedule will include:

a) One (1) additional eleven and one-quarter (11.25) hour tour in every four (4) month period, by one of the following methods:

i. Pick up a shift from all available shifts prior to going to part-time for self scheduling; ii. Employee declares to the scheduler that she/he will use lieu time or vacation time to

cover this shift; iii. Where there has been no mutual agreement for a pick-up shift and no declaration of

lieu or vacation time to the scheduler, the employee will be scheduled a shift on a scheduled day off to fulfill this need.

b) Twelve (12) seven and one-half (7.5) hour lieu days, on scheduled days off.

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9.

10.

Part-Time Hours

Part -time employee's shall have a regular commitment of one-hundred and thirty-five (135) hours over a nine (9) week rotation. The shifts will be scheduled as per the Letter of Understanding regarding Regular Part-time Scheduling.

Full-time only

For clarification purposes, vacation entitlement for employees working extended tours is as follows:

a) 3 weeks entitlement = 112.5 hours = 10.0 extended tours b) 4 week entitlement= 150.0 hours= 13.3 extended tours c) 5 weeks entitlement= 187.5 hours= 16.7 extended tours d) weeks entitlement = 225.0 hours = 20.0 extended tours e) 7 week entitlement= 262.5 hours= 23.3 extended tours

Introduction and Discontinuation of Extended Tours

a) Extended tours shall be introduced into any unit when: i) Seventy percent (70%) of the full time and regular part-time nurses assigned to the

unit so indicate by secret ballot, and ii) The Hospital agrees to implement extended tours. Such agreement shall not be

withheld in an unreasonable or arbitrary manner.

b) Extended tours may be discontinued in any unit when: i) Sixty-five percent (65%) of the full time and regular part-time nurses assigned to the

unit so indicate by secret ballot; or ii) The Hospital because of:

1) Adverse effects on patient care, or 2) Where the Hospital wishes to do so for reasons which are neither unreasonable

nor arbitrary, 3) States its intention to discontinue the extended tours in the schedule.

c) When notice of discontinuation is given by either party in accordance with paragraph (b) above, then:

i) The parties shall meet within four (4) weeks of the giving of notice to review the request for discontinuation; and

ii) Where it is determined that the extended tours will be discontinued, affected nurses shall be given sixty (60) days notice before the schedules are so amended.

11. Voting Procedure

a) A notice will be provided to all eligible voters indicating time and location for the vote to take place.

73

b) A voter's list of all full-time and regular part-time employees assigned to the unit, will be prepared and agreed to by the Union and the Employer. Casual employees or employees working in temporary full-time or temporary regular part-time positions will be excluded from the voter's list.

c) If an employee is currently on a leave of absence or illness, not expected to exceed fifteen (15) weeks, she may come into the Hospital to vote, but cannot vote by proxy.

Any relief employee who is not normally assigned to the unit or floor, and who is filling in for leaves of absence or illness, expected to exceed fifteen (15) weeks, is eligible to vote.

d) The ballot box will be manned during voting times by a person or persons agreed upon by the Union and the Employer.

e) To vote, the employee must sign her name on the voter's list, make an "X" beside her choice on the ballot, then deposit the ballot into the locked ballot box.

f) The vote will take place over a one (1) day period at times suitable to accommodate all changes of shifts.

g) The box will be opened and the votes counted in the presence of an LIUNA Local 3000 representative and an Employer representative.

12. At the end of the initial trial period, the parties agree to meet to discuss Christmas/New Year's scheduling arrangements.

r'\ll1\.-- ~ Dated at Wingham, Ontario, this _O)-J_"1 ___ day of ~ \ , 2020.

FOR THE EMPLOYER FOR THE UNION

~-+----?. =~1 ~~~

74

Letter of Understanding # 4

Between

Wingham and District Hospital

And

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000

Re: Regular Part-time RPN Scheduling

Whereas the parties have agreed on the following implementation of a self-guided schedule, inclusive of Extended Shift Scheduling, for regular part time Registered Practical Nurses as follows;

1. A nurse must be available to work a combination of 7.5, 5, or 11 .25 hours shifts to meet RPT commitment over 9 weeks.

2. Nurses must schedule themselves equitably and according to seniority.

3. The posted schedule will cover a period of nine (9) weeks in which the nurse will not be mastered but scheduled as per their agreement. A nurse will be required to self-direct their schedule covering a nine (9) week period.

4. A nurse must be required to work four and a half (4.5) out of nine (9) weekends in the schedule.

5. Once the schedule is posted, a nurse is responsible for the coverage of said shift. All requested days off submitted prior to the posting of the schedule, and in accordance with scheduling provisions will not be required to be covered by the nurse.

6. When a nurse is scheduled for a seven and a half hour (7.5) shift, such tour will not be converted to an 11.25 hour tour without applying premium pay for all hours worked in excess of 7.5 hours.

7. The Employer will identify regularly available shifts in one column and identify flow down shifts in a separate column, ten (10) days prior to the posting of the schedule.

8. Scheduling and regular part time nurse commitment shall be consistent with the terms of the Collective Agreement.

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Self Scheduling Guidelines for LIUNA Local 3000

The following are basic guidelines for self scheduling. The parties participating in self scheduling must agree to the guidelines and are accountable for adhering to them.

• All aspects of the LIUNA Local 3000 collective agreement will be followed. • Nurses must be available to the organization based on commitment outlined in the • collective agreement (Article 13.02 and LOU #4 Regular Part-time RPN Scheduling). • Weekends and nights are high priority shifts and must be covered first. Weekends must

be scheduled together as whole, not split. • It is understood that each nurse should have time scheduled in each pay period if there is

time available unless he/she is on an approved leave of absence. • A nurse can declare his/her desire to only work to commitment or take more than

commitment • Shifts and weekends should be divided equitably. • Short shifts are selected evenly unless nurses express a desire to work only short shifts • Evenings and nights are distributed evenly unless nurses express a desire to work those

particular shifts • Shifts are selected according to seniority. If one shift is in dispute, then the most senior

nurse will be assigned the shift. • Ambulatory Care shifts will be distributed equitably among Nurses who have posted into

multi-unit commitments that include Ambulatory Care before they are made available to other qualified part-time Nurses.

• Shifts beyond commitment will be scheduled by seniority starting with the most senior nurse.

• Nurses are not guaranteed time off to attend the self-scheduling meeting if they are working during the self-scheduling meeting. They should provide their availability to a colleague.

• Self-scheduling timelines: • Fourteen (14) days prior to the final schedule being posted, regular part-time nurses will

receive a nine (9) week time schedule from management that indicates the required tours that need to be covered.

• Nurses will meet to indicate their availability. Nurses will initial the schedule of their acceptance.

• Seven (7) days before the determined date of posting the schedule will be returned to management for approval.

• Management will be advised if there were an inadequate number of shifts to schedule regular part-time nurses to their commitment.

• Overtime shifts cannot be scheduled at self-scheduling. Management will be advised if premium payment is required in order to cover the indicated shifts.

• Management has final approval of the schedule before it is posted.

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Dated at Wingham, Ontario, this d\.\-th day of ~QG , 2020.

FOR THE EMPLOYER

~~ =:\

77

LETTER OF UNDERSTANDING-WAGE REOPENER

Between

WINGHAM AND DISTRICT HOSPITAL

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000

The Parties agree that if, during the course of this Collective Agreement, Bill 124 or any part of it ceases to be the law in Ontario, the Parties will reconvene to discuss across the board wage increases for the term of this Collective Agreement, recognizing its current comparators. If the Parties are unable to reach agreement in these circumstances, the matter may be referred to Interest Arbitration, pursuant to HLDM.

Dated at Wingham Ontario this d\.{ ~ day of ~ \ , 2020

FOR THE EMPLOYER FOR THE UNION

78

PAY EQUITY PLAN

Between

Wingham and District Hospital (W & DH}

And

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 3000

1. This Plan applies to all job classes and employees in the LIUNA Local 3000 bargaining unit at W&DH.

2. The parties reached agreement on the terms of an updated Pay Equity Plan on March 2, 2014.

3. The female job classes in the bargaining unit are RPN and Or Tech. There are no male or gender-neutral job classes in the bargaining unit.

4. Based on comparison of skill, effort, responsibilities and working conditions, the parties agreed that the RPN, OR Tech is at 98.5% of the CUPE Skilled Trades position. 98.5% of the CUPE Skilled Trades Job Rate, April 1, 2014 will be $27.81 per hour and the Pay Equity Job Rate for the RPN and OR Tech will be $27.39 and that the Pay Equity rate would be achieved by an adjustment of $0.42 per hour to the RPN and OR Tech job rate. This adjustment would be phased in through four separate adjustments in 2014.

5. Implementation of Pay Equity adjustments is as follows:

a. On April 1, 2014, the pay Equity rate would be $27.39

b. On May 12, 2014 the Pay Equity rate would be $27.49, each employee in the RPN and OR Tech job classifications will receive a $0.10 per hour adjustment.

c. On July 7, 2014, the Pay Equity rate would be $27.60, each employee in the RPN and OR Tech job classifications will receive $0.11 per hour adjustment.

d. On September 15, 2014, the Pay Equity rate would be $27.70, each employee in the RPN and OR Tech job classifications will receive a $0.10 per hour adjustment.

e. On November 10, 2014, the Pay Equity rate would be $27.81, each employee in the RPN and OR Tech job classification will receive a $0.11 per hour adjustment

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The 2014 Pay Equity Salary Scales would be as follows

POSITION EFF.DATE START 1 YEAR 2YEAR 3YEAR 1500 3000 4500 HOURS HOURS HOURS

R.P.N & O.R TECH April -01-14 $26.08 $26.52 $26.94 $27.39 Pay Equity Rates May -12-14 $26.18 $26.62 $27.04 $27.49

July -07-14 $26.29 $26.73 $27.15 $27.60 Seotember-15-14 $26.39 $26.83 $27.25 $27.70 November -10-14 $26.50 $26.94 $27.36 $27.81

6. On April 1 of each year following, the higher of the negotiated LIUNA Local 3000 RPN and OR Tech job rate or 98.5% of the CUPE Skilled Trades job rate will be the RPN and OR Tech job rate for that year.

POSITION

7. The Pay Equity Salary Scale for April 1, 2015 to March 31, 2019 would be as follows:

EFF.DATE START 1 YEAR 2YEAR 3YEAR 1500 3000 4500 HOURS HOURS HOURS

R.P.N & O.R TECH April -01-14 $26.70 $27.14 $27.56 $28.01 Pay Equity Rates April -01-16 $26.89 $27.33 $27.75 $28.20

Aoril -01-17 $27.09 $27.53 $27.95 $28.40 April -01-18 $27.29 $27.73 $28.15 $28.60

8. The parties agree that implementation of this Plan will meet all obligations to achieve Pay Equity in accordance with the requirements in the Pay Equity Act.

Dated this 4th day of March 2014.

FORTHEW&DH

Original signed by:7 Janet Brooks Arlene Lanting

FOR THE UNION

£2~

Yvonne Coultes Colleen Jonson

80