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COLLECTIVE AGREEMENT

BETWEEN

COMFORT HOME CARE

AND

NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES

Expiry: June 30, 2014



THIS AGREEMENT made this __________ day of ___________________, AnnoDomini, Two Thousand and Ten;

BETWEEN:

COMFORT HOME CARE

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC ANDPRIVATE EMPLOYEES , a body corporate organized and existing under the laws of theProvince of Newfoundland and Labrador and having its registered office in the City ofSt. John’s aforesaid (hereinafter called the “Union”);

of the other part:

THIS AGREEMENT WITNESSETH that for and in consideration of the premises andcovenants, conditions, stipulations, and provisos herein contained, the parties heretoagree as follows:



TABLE OF CONTENTS

ARTICLE SUBJECT PAGE

1 Purpose ................................................................................................. 12 Recognition ............................................................................................ 13 Management Rights ............................................................................... 14 Interpretation and Definitions ................................................................. 15 Union Security ....................................................................................... 36 No Discrimination ................................................................................... 47 Sexual and Personal Harassment ......................................................... 58 Grievance Procedure ............................................................................. 59 Arbitration .............................................................................................. 610 Labour-Management/Occupational Health Committee .......................... 811 Severe Weather Conditions ................................................................... 912 Probation, Discipline and Personnel File ............................................... 913 Seniority ............................................................................................... 1114 Staff Changes ...................................................................................... 1215 Hours of Work ...................................................................................... 1316 Overtime .............................................................................................. 1517 Holidays ............................................................................................... 16

18 General Leave ..................................................................................... 1719 Leave - Other ....................................................................................... 2020 Payment of Wages and Allowances .................................................... 2321 Strikes and Lockouts............................................................................ 2322 Termination and Layoff ........................................................................ 2423 Health and Safety ................................................................................ 2424 Pension and Benefits ........................................................................... 2525 Duration ............................................................................................... 25

Schedule A .......................................................................................... 26

Schedule B .......................................................................................... 26Memorandum of Understanding - Pay Period/CSB’s ......................... 28



ARTICLE 1 PURPOSE

1.01 The purpose of this Agreement is to maintain harmonious and mutuallybeneficial relationships between the Employer, the employees and the

Union and to set forth certain terms and conditions of employment.

ARTICLE 2 RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargainingagent for all Home Support Workers of the Employer.

2.02 Any unresolved dispute on future inclusions or exclusions in thebargaining unit will be referred by either party to the Labour RelationsBoard.

2.03 Work of the Bargaining UnitEmployees not covered by the terms of this agreement will not performduties normally assigned to employees within the bargaining unit exceptfor the purpose of instruction, experimenting, emergencies or whenregular employees are not readily available, or as may otherwise bemutually agreed by the parties.

2.04 No Other AgreementsNo employees shall be required or permitted to make a written or verbalagreement with the Employer or its representative which may conflict with

the terms of this Agreement.

ARTICLE 3 MANAGEMENT RIGHTS

3.01 The Union recognizes and agrees that the Employer reserves and retainsall the rights, powers and authority to manage its operations and to directits employees, except as specifically abridged or modified by the expressprovisions of this Agreement.

ARTICLE 4 INTERPRETATION AND DEFINITIONS4.01 (a) "Bargaining Unit" means the bargaining unit recognized in

accordance with Article 2.



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(b) "Day" means a calendar day unless otherwise stipulated in thisAgreement.

(c) "Employee or Employees" means any person employed in a positionwhich falls within the bargaining unit.

(d) "Temporary Employee" means an employee hired for a specialproject of a specific duration or to replace an employee who isabsent due to illness, accident or approved leave of absence.

(e) “Employer” means Comfort Home Care and includes any perso nauthorized by the owner/operator to act on its behalf.

(f) “Holiday" means the twenty -four (24) hour period commencing at0001 hours of a calendar day designated as a holiday in thisAgreement.

(g) "Week" means the period from 0001 hours Sunday to 2400 hoursthe following Saturday, inclusive.

(h) "Year" means the calendar year unless otherwise provided.

(i) “Layoff Notice” means notice in writing which is hand delivered or delivered by registered or certified mail.

(j) “Vacancy" means any pos ition that the Employer requires to be filledwhich consists of twenty-five (25) hours or more per week for ananticipated duration of at least sixteen (16) weeks or more asoutlined in Clause 14.01.

(k) “District” means the geographic area in which an employee works,as set out in Schedule “B”.

4.02 GenderFor the purpose of this Agreement, the masculine shall be deemed toinclude the feminine and the plural indicate the singular and vice versa asthe context may require.

4.03 AdministrationIn the event that there is a conflict between this Agreement and anyregulations or policies made by the Employer, this Agreement shall takeprecedence over the said regulations or policies.



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ARTICLE 5 UNION SECURITY

5.01 (a) Deduction of Union DuesThe Employer shall, as a condition of employment, deduct from thesemi-monthly pay of every member of the bargaining unit an amount

equal to the regular bi-weekly membership dues of the Union.(b) Notification of Deductions

The amount of the regular dues shall be authorized by the Unionand the Union shall notify the Employer of any changes therein inwriting at least one (1) month prior to the effective date of suchchange.

5.02 * Remittance of Union DuesDeductions shall be forwarded to the President of the Union by onemonthly cheque within a reasonable time after the end of the month in

which the deductions were made. The cheque shall be accompanied by alist which shows the employee's full name, social insurance number andclassification and the amount deducted on the employee's behalf. This listshall also include any additions and deletions that occurred in the previousmonth.

5.03 * Shop StewardsThe Employer acknowledges the right of the Union to appoint or electShop Stewards on a ration of 1:20. The Union shall notify the Employer, inwriting, of the names of the Shop Stewards before the Employer shall berequired to recognize him/her.

5.04 Union Leave for Processing Grievances and Complaints(a) If it is necessary to schedule a grievance meeting during a grievor’s

scheduled shift, the time spent shall be without loss of pay for thegrievor and one (1) Shop Steward provided that such time off doesnot interfere with the operations of the Employer. Employeesrequesting such leave must obtain permission from the Employerprior to leaving his/her post and must report to the Employerimmediately upon his/her return. Such permission will not beunreasonably withheld.

(b) In the case of a group grievance, one (1) employee from the groupwill be entitled to such leave under the conditions specified inClause 5.04 (a).

(c) The Employer shall pay the grievor for time required to be spent atarbitration hearings.



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5.05 New Employees(a) The Employer will notify the Union and Local President of the name,

address and telephone number of each new member.

(b) The Employer will:

(i) advise each new employee that the terms and conditions ofher employment are governed by the provisions contained ina Collective Agreement;

(ii) provide the employee with a copy of the CollectiveAgreement from among those provided to the Employer bythe Union for that purpose;

(iii) Provide the employee with contact information for the ShopSteward, Local President or any other Union representative.

(iv) Allow the Shop Steward or a Union representative theopportunity to meet with a new member within two (2) weeksof hire without loss of pay during regular working hoursprovided i) such meeting does not interfere with the provisionof services to the client, and ii) it does not occur in theclient’s residence.

* (v) provide the employee with a union card provided such cardsare provided to the Employer by the Union.

5.06 Bulletin BoardsThe Employer shall provide a bulletin board for the use of the Union. Thesite of the bulletin board will be determined by mutual agreement. It isagreed that such a bulletin board will not be erected in areas normallyfrequented by clients. Articles, circulars, memos, etc. dealing with Unionbusiness will only be posted on the designated bulletin board.

ARTICLE 6 NO DISCRIMINATION

6.01 The Employer agrees that there shall be no discrimination with effect toany employee in the matter of hiring, wage rates, training, upgrading,promotion, transfer, layoff, recall, discipline, classification, discharge,assignment of work, or otherwise by reason of age, race, creed, colour,national origin, political or religious affiliation, gender, sexual orientation,marital status, physical disability, mental disability, political opinion, nor byreasons of his/her membership or activity in the Union as per theNewfoundland and Labrador Human Rights Code.



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ARTICLE 7 SEXUAL AND PERSONAL HARASSMENT

7.01 The Employer and the Union recognize the right of employees to work inan environment free from harassment as defined in the Newfoundland andLabrador Human Rights Code. The Employer shall undertake to

investigate alleged occurrences of harassment with all possible dispatch.

ARTICLE 8 GRIEVANCE PROCEDURE

8.01 DefinitionFor the purposes of this Agreement, a Grievance means a complaint inwriting presented in accordance with this Agreement arising out of theinterpretation, application, administration or alleged violation of the termsof this Agreement.

8.02 Settling of GrievancesAn earnest effort shall be made to settle complaints/grievances fairly andpromptly in the following manner.

Step I - Verbal to Shop Steward With the exception of dismissal of a probationary employee due tounsuitability or incompetence, as assessed by the Employer, an aggrievedemployee shall first submit her complaint verbally to the shop stewardwithin seven (7) calendar days of becoming aware of the alleged violationof the Agreement.

Step 2 - Verbal to the Immediate SupervisorShould the Shop Steward consider the complaint to be justified, she shalldiscuss the matter with the immediate Supervisor in an effort to resolvethe complaint. The Supervisor shall formally discuss the complaint withthe Shop Steward and grievor in an effort to settle the complaint withinseven (7) days of receiving the complaint. Failing settlement, thesupervisor will respond to the complaint no later than seven (7) days fromthe date of the discussion with the Steward and grievor.

Step 3 - In Writing to EmployerShould the Shop Steward and immediate Supervisor be unable to resolvethe verbal complaint at Step 2, the grievor, through the Shop Steward,may submit the grievance in writing to the Employer within seven (7)calendar days of the completion of Step 2. The Employer shall respondto the written grievance within seven (7) days of receiving it.



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Step 4 - Referral to MediationWhere Step 3 of the Grievance Procedure has failed to settle thegrievance, the parties may mutually agree to refer the matter to thegrievance mediation process of the Labour Relations Agency prior toelecting to proceed to arbitration as outlined in Article 9. If the mediation

process fails to resolve the grievance, either party may then refer thematter to arbitration.

8.03 Union RepresentationThe employee may be represented by a full time representative of theUnion at any formal Step of the Grievance Procedure.

8.04 Time LimitsThe time limits specified in this Article may be extended, in writing, bymutual agreement of the parties.

8.05 Suspension or Discharge GrievanceA grievance by an employee who has completed his/her probationaryperiod claiming that he/she has been unjustly discharged or suspendedmay be submitted directly to the Owner/Operator at Step 2 of theGrievance Procedure. Such grievance must be received by theOwner/Operator within seven (7) calendar days of the date of notificationof the suspension or discharge.

8.06 Policy and Group Grievances(a) Policy Grievance

Where a grievance is initiated by either the Union or the Employer,the procedure shall start at Step 2 of Clause 8.02.

(b) Group GrievanceWhere a number of employees have similar grievances and eachemployee would otherwise be entitled to grieve separately, they willpresent a group grievance in accordance with Clause 8.02identifying to the supervisor each employee who is grieving.

8.07 Technical Objections to GrievancesNo grievance shall be defeated or denied by a technical objectionoccasioned by a clerical, typographical or similar technical error, or by theinadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION

9.01 Referral to Arbitration



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Failing settlement of the grievance through the Grievance Procedure, suchgrievance may be submitted in writing to arbitration. If no written requestfor arbitration or mediation is received within twenty (20) calendar daysafter the completion of Step 3 or Step 4 of the Grievance Procedure, thegrievance shall be deemed to have been abandoned.

9.02 Sole Arbitrator v. Arbitration BoardWhere practical, all grievances referred to arbitration, with the exception ofthose relating to suspensions or dismissals, shall be decided by a solearbitrator. However, either party has the right to have the grievance heardby an arbitration board.

9.03 Sole Arbitrator/Failure to AppointWhen either party requests that a grievance be submitted to solearbitrator, the request shall be made in writing addressed to the otherparty of the Agreement and shall contain the names of three arbitrators

selected from the panel of arbitrators provided by the Newfoundland andLabrador Labour Management Committee. The party receiving therequest shall respond within fifteen (15) calendar days of receiving therequest indicating acceptance of one (1) of the three arbitrators, or, ifneither of the three arbitrators is acceptable, counter-proposing the namesof no more than three other arbitrators to sit as sole arbitrator. If bothparties fail to agree on an arbitrator, the Minister responsible for labour, onthe request of either party, shall appoint an arbitration.

9.04 Compensation of Board of Arbitration/Failure to AppointWhen either party requests that a grievance be submitted to arbitration,the request shall be made in writing addressed to the other party to this

Agreement and shall contain the name of the first party’s nominee to theArbitration Board. The recipient of the notice shall, within fifteen (15)calendar days thereafter, answer in writing indicating the name andaddress of its nominee to the arbitration board. The two (2) nomineesshall then endeavour to agree on a third person to act as Chairperson ofthe Board of Arbitration. If the party receiving the notice fails to appoint anominee or if the two (2) nominees fail to agree on a Chairperson withinfifteen (15) calendar days of their appointment, the appointment shall bemade by the Minister responsible for labour upon the request of eitherparty.

9.05 Decision of the Arbitrator/Arbitration BoardThe decision of the sole arbitrator or the decision of the majority orChairman of the Board shall be final, binding and enforceable on allparties. The sole arbitrator or Board of Arbitration shall not have thepower to make any decision inconsistent with the provisions of thisAgreement or to change, alter, modify or amend any of its provisions.



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9.06 Expenses of the Sole Arbitrator or Arbitration Board

(a) Sole ArbitratorEach party shall pay one-half (½) of the fees and expenses of thesole arbitrator.

(b) Each party to the Board of Arbitration shall pay the fees andexpenses of its nominee, its own representatives and one-half (½) ofthe fees and expenses of the Chairperson

9.07 Amending the Time LimitsThe time limits fixed in both the Grievance and Arbitration Procedure maybe extended by mutual agreement of the parties.

9.08 WitnessAt any stage of the Grievance or Arbitration Procedure, the parties may

have the assistance of any employee(s) concerned as witnesses or anyother witnesses. Employees attending as witnesses will be granted timeoff work with pay and without loss of seniority or benefits of the CollectiveAgreement.

9.09 Union RepresentationThe Employer recognizes the right of employees to be represented by afull time representative of the Union at any formal Step of the ArbitrationProcedure.

ARTICLE 10 LABOUR-MANAGEMENT/OCCUPATIONAL HEALTH COMMITTEE

10.01 Labour-Management CommitteeIt is agreed that a Labour-Management Committee comprised of two (2)bargaining unit representatives and two (2) Employer representatives willmeet as the need arises, but in any event no greater than once per monthunless mutually agreed otherwise, to discuss the following generalmatters:

(a) reviewing suggestions from employees, questions of workingconditions and service;

(b) other problems and matters of mutual interest which affect therelationship which are not properly thesubject matter of a grievance ornegotiations.



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10.02 These meetings shall not supersede with the activities of any otherCommittee of the Union or of the Employer and shall not bind either theUnion or its members or the Employer to any decisions or conclusionsreached during discussions.

10.03 Occupational Health and Safety Committee

The parties agree to comply with the Occupational Health and Safety Actand any applicable regulations thereto.

Recognizing its responsibilities under the Act, the Employer agrees toaccept as a member of its Occupational Health Committee, one (1)bargaining unit representative selected or appointed by the Union.

Such committee shall promote safety and sanitary practices within theworkplace.

ARTICLE 11 SEVERE WEATHER CONDITIONS

11.01 * During severe weather conditions or a declared state of emergency, theEmployer shall determine whether or not operations will be suspended ina particular area or community. Should the employer suspendoperations, employees shall be paid for scheduled hours to a maximum ofthree (3) hours.

ARTICLE 12 PROBATION, DISCIPLINE AND PERSONNEL FILE

12.01 * Probationary PeriodThe probationary period shall be four hundred and eighty (480) workinghours from the date of last hire. For the purpose of this Clause, time offwith pay approved by the Employer shall be considered as time worked.

12.02 Discipline(a) Notification

The Employer has the right to discipline and discharge employeesfor just cause. However, any employee who has completed theprobationary period and claims to have been unjustly disciplined,discharged or suspended shall be provided with written notificationwithin ten (10) calendar days of the occurrence or discovery of thematter giving rise to the discipline, discharge or suspension.

(b) Right to RepresentationWhere an employee is required to attend a meeting with theEmployer to be discharged, suspended or given a written warning,



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or to discuss a matter for which some level of written discipline isbeing considered, the Employer shall advise the employee thathe/she has a right to be accompanied by a Shop Steward. Theemployee will be informed of the nature of the meeting and be givenas much advance notice as possible. It is the responsibility of the

employee to inform his/her Shop Steward.* (c) Unjust Suspension or Discharge

Should it be found upon investigation that an employee has beenunjustly suspended or discharged, the employee shall beimmediately reinstated in her former position, without loss ofseniority and shall be compensated for all time lost in an amountequal to what would have been her normal earnings during theperiod of suspension or discharge, or by any other arrangement asto compensation which is mutually agreed by both parties.

* (d) Justice and DignityWhere an employee is suspended as part of an ongoinginvestigation conducted by the Employer, the employee shall becompensated for time lost to a maximum of three (3) shifts. TheEmployer shall take all reasonable efforts to conclude theinvestigation within a one (1) week period. In the event that theEmployer is unable to complete its investigation within the abovetime frame, the Union and the Employer shall meet to discussamending the investigation time line and any possible furthercompensation to the suspended employee.

* (e) Criminal Liability: Indemnity for Legal Fees

The Employer shall defend, negotiate or settle civil and/or criminalclaims, suits or prosecutions arising out of acts performed by anemployee in the course of his/her duties, provided that the Employeris satisfied that the employee performed duties as required by theEmployer. This does not apply where the employee has been justlydisciplined for willful act or omission leading to a criminal charge. Nocompensation shall be paid for legal counsel not pre-approved bythe Employer.

12.03 Personnel Files(a) Upon request and after giving reasonable notice, an employee shall

be allowed to inspect her personnel file in the presence of arepresentative of the Employer and be provided with a copy of anydocument contained therein.



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(b) In the event an employee is disciplined, the records of suchdisciplinary action shall not be removed from the personnel file ofthe employee for eighteen (18) months following the receipt of suchdiscipline, providing there has not been a recurrence of a similarincident during that period. It shall be the responsibility of the

employee to see that such documentation is removed.(c) No document shall be used in disciplinary proceedings against an

employee unless such document has been brought to the attentionof the employee at the time it was placed on the employee’spersonnel file.

ARTICLE 13 SENIORITY

13.01 Seniority Defined

(a) Subject to Clause 13:04, seniority for all employees shall bedetermined by the hours of work accumulated since the employeeslast date of hire with the Employer.

(b) It is recognized that two thousand eighty (2080) hours equals one(1) year of service. The parties agree that regardless of the actualnumber of hours worked in any calendar year, the maximum numberof hours credited to an employee in any calendar year for senioritypurposes will be two thousand eighty (2080) hours.

(c) Seniority shall be earned on a bargaining unit wide basis withgeneral application except where otherwise indicated in thisAgreement.

13.02 Seniority ListThe Employer shall maintain a seniority list for all employees. An up-to-date seniority list shall be sent to the Union and posted in January andJuly of each year. The seniority list for all employees shall show, subjectto Clause 13:04, the date of hire and the hours of service for eachemployee.

13.03 Probation for Newly Hired EmployeesAfter the completion of the probationary period as specified in Article 12,employees shall be credited with seniority for all paid hours accumulatedduring the probationary period, and seniority shall be effective from theoriginal date of hire with the Employer.

13.04 Loss of Seniority



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

(a) is discharged for just cause and is not reinstated by an Arbitrator orunder the Grievance Procedure;

(b) resigns in writing;

(c) fails to return from layoff within seven (7) calendar days of beingnotified by registered, certified or hand delivered mail, except whensuch failure is caused by sickness verified by a medical certificate orby other reason satisfactory to the Employer. It shall be theresponsibility of the employee to keep the Employer informed, inwriting, of his/her current address and telephone number;

(d) is laid off for a period longer than twenty-four (24) months.

13.05 Transfers and Seniority Outside Bargaining UnitNo employee shall be transferred to a position outside the bargaining unitwithout her consent. If an employee is transferred to a position outsidethe bargaining unit, she shall retain her seniority accumulated up to thedate of leaving the unit, but will not accumulate any further seniority whileoutside the unit.

ARTICLE 14 STAFF CHANGES

14.01 Transfers and Staff Changes(a) For the purpose of this Article, a vacancy is created in each of the

following circumstances:

(i) The resignation or retirement of an employee who regularlyworks twenty-five (25) hours or more per week; or

(ii) The addition of a new client requiring twenty-five (25) hoursor more care per week for an anticipated period in excess ofsixteen(16) weeks.

It is agreed that available hours of less than twenty-five (25) hoursper week will be assigned in accordance with the schedulingprovisions of Article 15.

(b) Where the Employer determines that a vacancy exists within thebargaining unit, or when a new permanent position is created withinthe bargaining unit, and the Employer determines that the position is



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to be filled, the Employer shall fill the vacancy in accordance withthe procedure outlined in Clauses 14:02, 14:03 and 14:04.

14.02 * Recall(a) In consultation with the union, in situations where the compatibility

between the client and the employee is brought into question, theEmployer and Employee will meet to discuss the cause of theincompatibility and to identify if necessary the availability of alternatework. The Employer shall endeavour to provide the employee withsimilar work and the employee shall accept such work when offered,subject to Article 15.01(c). In the event that alternate work is notimmediately available, the employee shall be placed, relative toseniority, within the Recall List.

* (b) In the event that an employee suffers a partial or total reduction inhours due to a client/employee incompatibility, client hospitalization,

death, or incarceration, or any other event beyond the control of theemployee and/or the Employer, the Employer shall endeavor toprovide the employee with similar type and hours of work, and theemployee shall accept such work when offered. In the event thatalternate work is not immediately available, the employee shall beplaced, on the recall list, relative to her seniority, and offered hoursto replace those lost due to the above event(s).

14.03 * TransfersEmployees who wish to be considered for reassignment/transfer maymake such a request, in writing, to the Employer and such request, basedon seniority, shall be accommodated based on availability of alternatehours of work.

14.04 Additional HoursAn employee who, in accordance with Clause 15.01 (c), has requested, inwriting, additional hours shall be given consideration for a vacancy,subject to Clause 14.02 and Clause 14.03, based on the employee’sseniority, qualifications and abilities, and availability.

14.05 Other Staff Changes(a) All staff changes other than those relating to a vacancy will be

completed in accordance with Clauses 14:02, 14:03 and 14:04.

(b) Depending on the emergent nature of the staff change, theEmployer shall determine a reasonable time frame within which anemployee has to respond to a telephone call from the Employerregarding available hours.



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14.06 * Rights of ClientThe parties acknowledge that client needs and/or preferences may impactstaffing actions.

ARTICLE 15 HOURS OF WORK15.01 Hours of Work

(a) Recognizing the particular and unique needs of clients and that thevery nature of this work dictates that such services cannot always bepredicted in advance, the parties agree that the work schedule foremployees may be arranged on a flexible basis in the interest ofclient care and/or efficiency of the Employer’s operation. Nothing inthis Agreement shall be construed as a guarantee of minimum hoursof work.

* (b) (i) The normal hours of work for employees shall be up to forty(40) hours per week.

(ii) Subject to Article 15.01 (c), the Employer will attempt to scheduleonly those hours of work agreed to by the employee at thetime of hiring. An employee may be required to be availableto work additional hours to meet the short term emergencyneeds of an assigned client.

(c) Upon signing of this Agreement, existing and new employees shalladvise the Employer in writing of the district(s) in which she isavailable to work and the maximum hours of work per week she isprepared to accept. Employees may, in writing, change themaximum number of hours or districts previously selected. TheEmployer will make every reasonable effort to comply with theemployee’s request.

15.02 Scheduling of Work* (a) Maximizing Hours

Employees who request additional hours in accordance with Clause15.01(c) are expected to accept such hours. An employee whorefuses to work the requested additional hours three (3) times withintwelve (12) month period without providing a reason satisfactory tothe Employer may not be offered additional hours for six (6) monthsfrom the date of last refusal.

(b) (i) Where practical, work schedules will be included with anemployee’s cheque, otherwise an employee will be advis edof his/her schedule by telephone. Where an employee is



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informed of his/her schedule by phone, the schedule will beconfirmed, in writing, to the employee within forty-eight (48)hours. Schedules may be subject to change to meet theneeds of the client. It is the responsibility of the Employer toadvise employees of any schedule changes.

(ii) The scheduling of weekend assignments shall be on arotational basis. Subject to changes in staff levels and clientload, employees may be required to work every secondweekend, if necessary.

(iii) The scheduling of evening and night shifts will be on arotational basis where operational requirements permit. TheEmployer will make every reasonable effort to accommodatethe employee’s preference to work eve nings or nights on apermanent basis.

* (iv) An employee shall not be scheduled to work more than six(6) consecutive days without days off except by mutualagreement of the employee and the Employer. Wherepossible, at least two (2) consecutive days off shall bescheduled unless single days off are arranged by mutualagreement between the employee and the Employer.

(v) Employees may be permitted to change shifts with anotheremployee provided that it is approved by the immediatesupervisor.

* (vi) The Employer shall provide eight (8) consecutive hours offwork in each unbroken twenty-four (24) hour period.

(vii) Subject to the other provisions of this Article, the Employershall make a reasonable effort to schedule work on anequitable basis and to schedule employees so as tomaximize their hours of work. The Employer shall also makea reasonable effort to schedule work so as to provideconsecutive hours, where possible, and to minimize gaps inwork schedules.

* (viii) An employee is not obligated to accept a shift that is lessthan three (3) hours in duration with the exception of staffmeetings, attendance at investigations and training.

* (ix) An employee arriving to work a shift that has been cancelledwithout her being notified of the cancellation will be paid for



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all scheduled hours in the shift or three (3) hours at theregular rate of pay, whichever is less.

ARTICLE 16 OVERTIME

16.01 * (a) All time worked by an employee in excess of thirteen (13) hours in aday or forty (40) hours in a week shall be considered overtime. Allovertime is subject to the prior approval of the Employer.

(b) Where the Employer requires an employee to work overtime, theemployee(s) assigned to the client in question shall work theovertime hours.

16.02 Overtime Rate(a) All overtime hours worked shall be compensated at the rate of one

and one half (1.5) times the employee's regular rate of pay.(b) Instead of cash payment for overtime, employees may choose to

receive time off with pay to be taken at a date mutually agreedbetween the employee and the Employer. The employee's requestto receive time off rather than cash payment must be included withthe employee's time sheets for the week in which the overtime wasworked. Such "banked" overtime shall be recorded at the rate of oneand one half (1.5) hours off for each overtime hour worked. Anybanked overtime not taken as time off within six (6) months of beingearned shall be paid out at the appropriate overtime rate.

* (c) In the event that an employee’s shift is extended beyond thirteen(13) hours, the employee will be provided with a meal allowance often dollars ($10.00).

16.03 Distribution of OvertimeThe Employer will endeavour to distribute overtime amongst employeeswho share responsibilities in a client's household.

16.04 Double ShiftAn employee shall not be required to work a double shift without herconsent. For the purpose of this Clause, a shift consists of eight (8)continuous hours.

ARTICLE 17 HOLIDAYS

17.01 Holiday Pay



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* (a) The Employer agrees to provide the following eight (8) paidholidays:

New Year’s Day Good Friday

Victoria DayMemorial Day (Canada Day)Labour DayThanksgiving Day

Remembrance DayChristmas Day

* (b) Where an employee works on a paid holiday, they are entitled toreceive wages at twice the regular rate of pay for the hours workedon the holiday.

* (c) An employee who does not work on one of the paid holidays listed inArticle 17.01 (a) and who has been employed for at least thirty (30)days, will receive a pro- rated day’s pay based on the average hoursworked per day in the thirty (30) days immediately preceding theholiday.

17.02 Christmas and New Year's(a) The Employer agrees that whenever possible, an employee

scheduled to work on Christmas Day shall not be scheduled to workon New Year's Day, and an employee scheduled to work on NewYear's Day shall not be scheduled to work on Christmas Day unlessotherwise mutually agreed between the employee and theEmployer.

(b) The Employer agrees that whenever possible, employees who workChristmas of one year shall have Christmas off the following year,and employees who work New Year's of one year shall have NewYear's off the following year unless otherwise mutually agreedbetween the employee and her immediate supervisor.

ARTICLE 18 GENERAL LEAVE *

18:01 General Leave Parameters

(a) Employees shall be provided with paid General Leave entitlementsthat shall be used for the purposes of vacation, sickness, family orbereavement leave.



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(b) Once employees have exhausted their paid General Leaveentitlements, they may be entitled to unpaid General Leave for thepurposes of vacation, sickness, family or bereavement leave.

(c) Employees who fail to accept work for reasons of illness or cancel a

scheduled shift because of sickness shall be required to use theirgeneral leave entitlements, if any, that are available to them.

(d) Sick leave means a period of time that an employee has beenpermitted to be absent from work by virtue of being sick, disabled orquarantined.

(e) For the purposes of General Leave, a calendar year shall beconsidered to be January 1 st to December 31 st .

General Leave Entitlements:

Effective July 1,2010

Employees shall be entitled to paid leave, in accordance with their hours of workas follows:

Probationary Employees 4% of wages paid

Greater than 480 hours but less than 6% of wages paidfive (5) continuous calendar years ofservice

Five (5) or more continuous calendar 8% of wages paidyears of service.

General Leave Banking and Payout

(a) Effective July 1, 2010, the Employer shall bank General Leaveentitlements on behalf of the employee to be paid out inaccordance with the provisions of this Article.

(b) General leave entitlements shall be banked as accrued wages and actualnumber of General Leave hours shall be calculated as follows:

Bank ÷ Current Wage = Available General Leave Hours

“Bank” is the amount accrued by the employee under clause 18.02.



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“Current Wage” is the employee’s wage rate at the time leave isrequested.

(c) Employees shall be permitted to carry forward a maximum amountof General Leave equivalent to sixty (60) hours to the following

calendar year. General leave entitlements exceeding sixty (60)hours as of December 31 st of each year will be paid to theemployee by January 31st of the following year. Employees shallalso have the option of full payout of the remaining balance ratherthan carrying forward to the following calender year.

(d) Where an employee resigns or is terminated, any General Leavebalance accrued at the time of termination shall be paid out to theemployee.

18.04 Vacation Leave Requests

(a) The Employer will make every reasonable effort to grant the employeevacation at the time requested provided such requests shall besubmitted to the Employer at least four (4) weeks prior to therequested date. Requests for vacation submitted less than four (4)weeks in advance shall be at the discretion of the Employer. TheEmployer shall grant employees two (2) consecutive weeksvacation each calender year if requested, and if available to theemployee.

(b) Where operational requirements necessitate placing a restriction onthe number of employees on vacation at any one time, preferenceshall be given to employees based on seniority. Requests for paidvacation leave shall take precedence over requests for unpaidvacation leave regardless of seniority.

18.05 Sickness Usage

(a) Employees using General Leave entitlements due to sickness shallprovide the Employer as much notice as possible if the employee isunable to report for a scheduled shift.

(b) The employee shall inform the Employer in advance of the date ofher return to work.

(c) The Employer may require a note from a qualified medical practitioner forany period of leave in excess of two (2) consecutive days or where theEmployer has reasonable grounds to question the validity of theemployee’s claim for sick leave e ntitlements.



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(d) For the purposes of obtaining medical certificates, an employeeshall have the option of being attended by a doctor of her choiceand under no circumstance will an employee be penalized in anyway for exercising her option of being attended by her personal

physician.(e) Sick leave entitlements are not payable for any reason other than

personal illness.



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18.06 Injury on Duty

An employee who is injured during working hours and is either required to leavefor medical treatment or is sent home because of such injury shall receivepayment for the remainder of the employee’s scheduled work day at her

regular hourly rate. On return to work the employee will be required toprovide a medical certificate from a qualified practitioner indicating thatshe received treatment for the injury.

18.07 Family Leave

(a) Employees who wish to use General Leave entitlements for family leavepurposes shall provide the Employer with at least twenty-four (24)hours notice where possible.

(b) An employee shall be granted General Leave entitlements for

family purposes to;(i) attend to the temporary care of a sick family member living in

the same household;

(ii) attend meetings with school authorities concerning adependent child;

(iii) attend to the needs related to a home or family emergency;or

(iv) accompany a dependent family member living in the samehousehold on a dental or medical appointment.

ARTICLE 19 LEAVE - OTHER

19.01 Leave for NegotiationsWhere operational requirements permit and provided at least fourteen (14) days

written notice has been provided to the Employer in advance, leavewithout pay and without loss of seniority shall be granted for up to three(3) employees who are members of the Union’s Negotiating Committee while attending negotiations with the Employer.

19.02 Leave Without Pay for Union Business(a) Where operational requirements permit, and provided at least fourteen

(14) days written notice has been provided to the Employer inadvance, the Employer may grant leave of absence without payand without loss of seniority for a period of one (1) year for an



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employee selected for a full time position with the Union. Theperiod of leave of absence may be renewed upon request.Employees will not accrue any service or benefits, except seniority,during such an absence.

(b) Where operational requirements permit and upon reasonablenotice, the Employer may grant leave without pay and without lossof seniority to employees to attend Union workshops, conferencesor other Union business.

19.03 Bereavement Leave

* (a) Immediate Family EntitlementIf a death occurs in the immediate family of an employee, the employee

shall be granted, upon request, up to three (3) days of GeneralLeave Entitlements immediately following the death.

* (b) Definition of Immediate FamilyImmediate family is defined as an employee’s mother, father, brother,

sister, child, spouse, legal guardian, grandparents, grandchild,common-law spouse, mother-in-law, father-in-law, brother-in-law,sister-in-law, son-in-law, daughter-in-law, stepfather andstepmother.

(c) Leave to Attend FuneralsEmployees are entitled to bereavement leave without pay for one (1) day to

attend the funeral of an employee’s aunt, uncle, niece, or nephew.

19.04 Maternity Leave and Parental Leave(a) Maternity and Parental leave will be granted in accordance with the

Labour Standards Act unless otherwise amended herein.

(b) An employee who is pregnant shall be entitled, upon application, tomaternity leave without pay to commence not earlier thanseventeen (17) weeks prior to the expected date of birth. Theemployee shall give the Employer at least two (2) weeks notice ofthe date the leave is to begin and shall provide a medical certificatefrom a medical practitioner stating the estimated date of birth.

(c) An employee who is the parent of a child shall be entitled, uponapplication, to parental leave without pay to commence no morethan thirty-five (35) weeks after the day the child is born or comesinto the care and custody of the parent for the first time. Theemployee shall give the Employer at least two (2) weeks notice ofthe date the leave is to begin.



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(d) The maximum leave allowed under this clause shall be seventeen (17)weeks for maternity leave and thirty-five (35) weeks for parentalleave for a combined maximum of fifty-two (52) weeks in total.

(e) The employee shall give at least four (4) weeks notice of his or herintention to return to work and, in the case of maternity leave, shallprovide a satisfactory certificate of fitness from a medicalpractitioner .

(f) Upon return from maternity or parental leave, the employee shall resumeher former duties at her former position on the wage grid, subject tothe availability of work.

(g) Subject to Clause 18.05, an employee who, before commencing maternityleave, becomes ill as a result of or relating to her pregnancy shall

be entitled to sick leave upon production of medical certificationsatisfactory to the Employer.

(h) While on maternity or parental leave, employees shall not earn anybenefits of this Agreement, except seniority.

(i) An employee on maternity or parental leave shall be considered for anyvacancies for which she has applied in accordance with theprovisions of Article 14. If the employee is successful, her trialperiod shall start upon her return to work.

19.05 Adoption Leave(a) In accordance with the Labour Standards Act, an employee who legally

adopts a child shall, subject to the approval of the Employer, begranted special leave without pay for a maximum of fifty-two (52)calendar weeks. Where possible, the employee shall give theEmployer at least two (2) weeks notice of the date the leave is tobegin and shall provide proof of adoption.

(b) The employee shall give at least four (4) weeks notice of her intention toreturn to work from adoption leave.

(c) Upon return from adoption leave, the employee shall resume her formerduties at her former position on the wage grid, subject to theavailability of work, with no loss of seniority.

(d) While on adoption leave, employees shall not earn any benefits of thisAgreement, except seniority.



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19.06 Paid Jury, Court Witness or Jury Selection LeaveThe Employer shall grant leave of absence without loss of pay, seniority, or

accumulative benefits to an employee who is summoned for jury service,or serves as a juror, or who is subpoenaed to attend upon a court as awitness in a court proceeding. The employee will present proof of such

attendance.19.07 * Special Leave

With the approval of the Employer, an employee may be granted leave of absencewithout pay and without loss of seniority in exceptional circumstances.

19:08 Education LeaveAn employee who is upgrading her employment qualifications through an

Employer approved upgrading course shall be entitled to leave of absencewithout pay to write examinations required by such course.

ARTICLE 20 PAYMENT OF WAGES AND ALLOWANCES

20.01 Classification and Wages

(a) Employees shall be paid wages as set out in Schedule A - Classificationsand Wages.

(b) The Employer shall develop and maintain job descriptions for eachbargaining unit position. Copies of these job descriptions will bemade available to the employees and the Union within three (3)months of the signing of this agreement.

20.02 Availability of Salary ChequesEmployees shall be paid semi-monthly on the 5 th and 20 th of each month.

Overtime pay shall be included in the regular pay for the period in whichthe overtime was earned provided the employee has submitted her timesheets in accordance with payroll guidelines established by the Employer.

20.03 * Employees shall be provided, upon request, with a T2200 Declaration ofConditions of Employment Form.

ARTICLE 21 STRIKES AND LOCKOUTS

21.01 The Union agrees that during the life of this Agreement, there shall be nostrikes, suspensions or slowdown of work, picketing by members of theUnion on the premises of the Employer or any other interference with the



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Employer's business. The Employer agrees that there shall be no lockoutduring the term of this Agreement.

ARTICLE 22 TERMINATION AND LAYOFF

22.01 * Notice of TerminationExcept in the event of a dismissal for just cause, an employee shall receive, in

writing, two (2) weeks notice of layoff or termination.

22.02 * Definition of LayoffFor the purpose of this Article, a layoff means the temporary cessation of

employment due to a shortage of work. It is understood that a periodicreduction in scheduled hours of work due to temporary or intermittentshortages of work does not constitute a layoff. A layoff notice shall be in

writing and will be hand delivered or delivered by registered mail. Whenrequested by an employee, a record of Employment (ROE) shall be givenafter any seven (7) consecutive day period without work.

22.03 * No New Employees

No new employees shall be hired until employees on the recall list are offered theirmaximum available hours.

ARTICLE 23 HEALTH AND SAFETY

23.01 Workers’ Compensation (a) Eligible employees, as defined by the legislation, shall be covered by the

Workplace Health, Safety and Compensation Commission Act.Employees must report all injuries in accordance with the Act.

(b) The Employer and the Union shall make every reasonable effort to havean employee who is on Workers’ Compensation return to her former duties, and if the Workplace Health, Safety andCompensation Commission determines that the employee cannotperform her former duties, to another work assignment within thebargaining unit.

* (c) (i) Employees in receipt of Workplace Health, Safety andCompensation Commission benefits and who are notworking with the Employer are not eligible to access benefitsof this Agreement except they will not lose any accumulatedseniority.



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(ii) Employees on modified duties or Easeback shall earn the benefitsof this Agreement , including seniority, based on the numberof hours worked.

23.02 Clothing BenefitsThe Employer shall ensure the supply of disposable gloves and/or plastic aprons,without cost to the employee, for the personal care of a client asdetermined by the Employer.

23.03 * First Aid TrainingAn employee is responsible to have or to obtain a first aid certificate upon

employment. The Employer shall cover the cost of first aid recertificationprovided the employee has two thousand (2000) hours of worked servicein the previous two (2) calendar years.

23:04 * VaccinationsThe Employer shall pay the cost of any post hire vaccinations that are identified bythe applicable Health Authority as being required by the employeebecause of a client’s chronic medical condition.

23.05 * Client Medical HistoryThe Employer agrees to provide staff with a client’s relevant case history related to

communicable diseases.

23.06 * Employee SafetyWhere the Employer determines that an employee may be at risk in attending to

her duties, the employer shall take immediate action to remedy thesituation.

ARTICLE 24 PENSION AND BENEFITS

24.01 * Group BenefitsWithin six (6) months of signing the Collective Agreement the Union and the

Employer will review the viability of providing a group medical benefit plan.

ARTICLE 25 DURATION

25.01 * The agreement shall remain in full force and effect from the date ofsigning, up to and including, June 30, 2014.



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25.02 Any provision of this Agreement, other than the duration of Agreement,may be amended in writing by mutual consent and such amendment(s)shall form part of this Agreement.

SCHEDULE A CLASSIFICATIONS AND WAGES

Classifications Home Support Worker

Wages *July1, 2010 $11.75

July1, 2011 $12.25July1, 2012 $12.75July1, 2013 $13.25

SCHEDULE B SERVICE AREAS1. (a) Holyrood Area 5. Clarenville Area

Holyrood Shoal HarbourHarbour Main MiltonConception Harbour Georges BrookColliers Random Island

Snooks Harbour(b) Avondale Area Harcourt

AvondaleMarysvale 6. Arnolds Cove AreaGeorgetown SunnysideCupids Come-By-ChanceBrigus Southern Harbour

Little Harbour(c) Bay Roberts Area

Mackinsons 7. Bonavista AreaCupids CharlestonBrigus Birchy CoveClarkes Beach CatalinaBay RobertsShearstown 8. Local AreasSpaniards Bay BloomfieldSpoon Cove LethbridgeUpper Island Cove MusgravetownTilton Cannings Cove

Bunyans Cove2. Carbonear Area Port Blanford

Harbour Grace Janus Town



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Carbonear PortlandVictoria Winter BrookSalmon Cove

3. Alone Areas 9. Metro Area *Perrys Cove St. John’s East Electoral District

Western Bay St. John’s South Electoral District St. John’s West Electoral District 4. Gull Island St. John’s Centre Electoral

DistrictLower Island Cove Cape St. Francis (Torbay & Area)

Portugal Cove and St. PhillipsMount PearlParadise



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MEMORANDUM OF UNDERSTANDING - PAY PERIOD/CANADA SAVINGS BONDS

The Employer agrees that within two (2) months of the signing on this CollectiveAgreement it will explore the feasibility of (i) converting its semi-monthly payroll to a bi-

weekly payroll schedule, and (ii) permitting employees to deduct Canada Savings BondDeductions from employee cheques.

SIGNED ON BEHALF OFNEWFOUNDLAND DATE

AND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES

SIGNED ON BEHALF OFCOMFORT DATE

HOME CARE



SIGNED this _________ day of _______________, 2010.

IN WITNESS WHEREOF the parties hereto have hereunto their hand and sealssubscribed and set the day and year first before written.

ON BEHALF OF COMFORT HOME CARE:

_________________________________

_________________________________

_________________________________ ___________________________ WITNESS

ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES:

_________________________________

_________________________________

_________________________________ ___________________________ WITNESS

comfort home care2010

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