COLLECTIVE AGREEMENT

Between:

CRAIGHOLME NURSING HOME (hereinafter called the "Employer")

OF THE FIRST PART

-and-

THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA

(CAW-CANADA) and it's Local302

(hereinafter called the "Union)

OF THE SECOND PART

EXPIRY DATE: OCTOBER 31, 2012

TABLE OF CONTENTS

ARTICLE 1 -PURPOSE ................................................................................................................ 4 ARTICLE 2- SCOPE AND RECOGNITION .............................................................................. 4 ARTICLE 3- MANAGEMENT RIGHTS .................................................................................... 4 ARTICLE 4- UNION SECURITY INCLUDING WORK OF THE BARGAINING UNIT AND CONTRACTING OUT .............................................................................................. 5 ARTICLE5-NOHARASSMENT ............................................................................................... 7 ARTICLE 6- NO STRIKES OR LOCKOUTS ............................................................................. 8 ARTICLE 7- UNION REPRESENTATION AND COMMITTEES ........................................... 8 ARTICLE 8 -GRIEVANCE PROCEDURE ............................................................................... 10 ARTICLE 9- ARBITRATION ................................................................................................... 13 ARTICLE 10- HEALTH AND SAFETY ................................................................................... 13 ARTICLE 11- SENORITY AND PROBATIONARY PERIOD ............................................... 17 ARTICLE 12-LAYOFF ANDRECALL.. .................................................................................. l8 ARTICLE 13 -JOB POSTING .................................................................................................... 21 ARTICLE 14-LEAVES OF ABSENCE .................................................................................... 22 ARTICLE 15- VACATIONS ..................................................................................................... 27 ARTICLE 16-PAID HOLIDAYS .............................................................................................. 29 ARTICLE 17-HOURS OF WORK AND SCHEDULING ....................................................... 31 ARTICLE 18 -PREMIUM PAYMENT ..................................................................................... 33 ARTICLE 19-ALLOWANCES ................................................................................................. 35 ARTICLE 20- HEALTH AND WELFARE BENEFITS ........................................................... 36 ARTICLE 21- SICK LEAVE ..................................................................................................... 37 ARTICLE 22- PENSION PLAN ................................................................................................ 39 ARTICLE 23- WORKERS COMPENSATION ......................................................................... 41 ARTICLE 24- COMPENSATION ............................................................................................. 43 ARTICLE 25- MISCELLANEOUS ........................................................................................... 44 ARTICLE 26- TERM AND RETROACTIVITY ....................................................................... 44 ADDENDUM TO THE COLLECTIVE AGREEMENT ............................................................. 46

I. Hours of Work ....................................................................................................... 47 J. Leaves of Absence ................................................................................................. 48

(a) Bereavement Leave ........................................................................................ 48 (b) Jury and Witness Duty .................................................................................... 49 K. Uniform Allowance ............................................................................................ 49

SCHEDULE "A" .......................................................................................................................... 51 LETTERS OF UNDERSTANDING ............................................................................................ 52

CMI REVIEW ............................................................................................................... 52 ABUSE AND THREATENING BEHAVIOUR ........................................................... 53 HARASSMENT POLICY IN RESPECT OF CAW MEMBERS ................................ 53 VIOLENCE AGAINST WOMEN ................................................................................ 56 CONTRACTING IN ..................................................................................................... 56 TRANSFER OF WORK/SALE OF LICENSE ............................................................. 56 WORK OF THE BARGAINING UNIT ....................................................................... 56 FULL-TIME EMPLOYEES WORKING A REDUCED SCHEDULE AND PRO-RATING BENEFITS .................................................................................................... 56

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CHRISTMAS -NEW YEARS SCHEDULING ........................................................... 57 VACATION SCHEDULING ........................................................................................ 57 RETURN TO WORK PROGRAM AND WORK REINTEGRATION ....................... 58 PART-TIME SENIORITY LIST .................................................................................. 59 HOLIDAY PAY ............................................................................................................ 59

RECORD OF EMPLOYMENT (ROE) ........................................................................................ 59 EFFECTIVE ABSENCE .............................................................................................................. 60 E.l. CARVE OUT ......................................................................................................................... 60 PREFERRED PART TIME POSITIONS .................................................................................... 60 WEEKEND WORKER ................................................................................................................ 60 PAID HOLIDAYS ........................................................................................................................ 61 PART TIME SENIORITY ACCRUAL ....................................................................................... 62

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ARTICLE 1 - PURPOSE

1.01 The general purpose of this agreement is to establish and maintain collective bargaining relations between the Employer and its employees and to provide orderly procedure for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees in the Home.

ARTICLE 2- SCOPE AND RECOGNITION

2.01 The Employer recognizes the Union as the sole collective bargaining agent for all employees of Craigholme Nursing Home save and except supervisors, persons above the rank of supervisor, professional staff, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period, and agrees that it will not enter into any other agreement with employees either individually or collectively which will conflict with any of the provisions of this Agreement.

The Employer will negotiate with the Union and any authorized committee thereof.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges that, subject to the express provlSlons of this Agreement, it is the exclusive function of the Employer to operate and manage its business in all respects and without limiting the generality of the foregoing:

(a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the Residents in the Nursing Home;

(b) To maintain order, discipline and efficiency; (c) To direct the working force, including the right to hire, rehire,

transfer, promote, demote, classif'y, lay-off, recall, suspend, schedule work, assign work, discipline, and discharges.

(d) To establish, alter and generally enforce rules and regulations to be observed by the employees, provided that such rules and regulations are not inconsistent with this Collective Agreement.

3.02 Without restricting or limiting the generality of the foregoing, the employer retains all rights and responsibilities of Management not specifically relinquished or modified by this Agreement.

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3.03 In the event that a Home assigns a number of residents or a workload to an individual employee or group of employees, such that she or they believe she/they have cause to believe that she or they are being asked to perform more work than is consistent with proper care they may raise the matter in labour/management meetings.

ARTICLE 4- UNION SECURITY INCLUDING WORK OF THE BARGAINING UNIT AND CONTRACTING OUT

4.01 The Employer agrees that it will deduct union dues monthly from the earnings of each employee coming within the scope of the bargaining unit defined in the Recognition clause of this agreement, in accordance with the provisions of the Constitution of the CAW-Canada, in the manner and amounts provided as notified in writing by the Union. These dues shall be remitted forthwith in accordance with the terms set out in writing by the Union to the CAW-Canada at the following address:

CAW-Canada 125 Elm S tree! London, Ontario N5Z 2K4 Attn: Rusty Sproul

or such other address as directed by the Local Union in writing.

A list of employees for and on whose behalf such deductions have been made shall also be forwarded to the CAW-Canada at the same address and at the same time.

The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this agreement except for any claim or liability arising out of an error committed by the Employer.

4.02 All present employees who are members of the Union covered by this Agreement shall remain members in good standing for the duration of their employment as a condition of employment.

4.03 All new employees covered by this Agreement shall become members of the Union after three weeks of employment and shall remain members in good standing for the duration of their employment as a condition of employment.

4.04 Information to the Union

The Employer will provide to the Union Chairperson on a monthly basis a listing of the names, addresses and classifications of all new hires, the names of employees who have completed their probation period, the names of employees

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who have terminated, been terminated and those who have resigned, as well as those employees who have not remitted dues in that month as a result of some form of absence where Union dues cannot be deducted by the Employer, and Weekly Indemnity.

The Employer will provide the Union with a list of the names of its Supervisors.

4.05 The Employer will indicate the amount of dues deducted on the employee's T-4 slip.

4.06 New Employee Orientation

The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in effect and with the conditions of employment set out in the articles dealing with Union Security and Dues Check-off. The employee will be introduced to the Union Chairperson or designate by a representative of the Employer.

It is mutually agreed that arrangements will be made for a Union representative to interview each newly hired employee once during the first thirty (30) days of her employment for the purpose of informing such employee of the existence of the Union in the facility. The Employer shall advise the Union monthly as to the names of the persons to be interviewed. The interview will not exceed fifteen (15) minutes.

4.07 Full time I Part time Ratio

So long as a full-time position exists there will be no splitting of that position into two or more part-time positions without the agreement of the Union, such agreement not to be unreasonably withheld.

4.08 Contracting Out

The Employer shall not contract-out any work usually performed by members of the bargaining unit if, as a result of such contracting-out, a layoff of any employee results from such contracting-out. Contracting-out to an employer who is organized and who will employ the employees of the bargaining unit without a reduction in wages and benefits of this contract, who would otherwise be laid-off is not a breach of this provision.

4.09 The Employer agrees to notify the Union in advance of any technological changes or reductions in staff the Employer has decided to introduce which will affect employees within the Bargaining Unit and to consider practical ways and means of minimizing the effect, if any, upon the employees concerned.

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4.10 Work of the Bargaining Unit

Persons excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit which shall directly cause or result in the layoff or reduction in hours of work of an employee in the bargaining unit.

ARTICLE 5- NO HARASSMENT

5.01 No Discrimination/Harassment

The Employer and Union agree that there shall be no discrimination, interference, restraint, harassment or coercion exercised or practice by either of them or by any of their representatives, with respect to any employee by reason of age, marital status, sex, race, creed, colour, national origin, political or religious affiliations, disability, sexual orientation nor by reason of union membership or activity.

The Employer and Union agree that there will be no discrimination, interference, restraint, harassment or coercion exercised or practice by either of them or by any of their representatives, with respect to any employee by reason of age, disability, sexual orientation, or any other factor not pertinent to the employment relationship, save and except those limitations as set out in the Legislation of the Province of Ontario.

The term 'spouse' or 'partner' as used in this Agreement shall mean a person to whom an employee is married, or with whom the employee is living in a conjugal relationship of at least one year in duration, including a person of the same or opposite sex.

5.02 Joint Commitment in Respect of Harassment

The Employer and the CAW are committed to providing a positive environment for staff. The Employer, the Union and the employees recognize their obligations under Bill 168. All individuals have the right to be treated with respect and dignity, consistent with our values. Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination and harassment.

Where a bargaining unit member complains of harassment by a person other than another bargaining unit member, she shall bring such complaint to the attention of the Employer and of the CAW. The Employer will then initiate and complete an investigation of the complaint and report the frndings back to the complainant who shall be accompanied by the Union Chairperson. Should the complainant not be satisfied with the Employer's response she is entitled to file a grievance under the terms of this Collective Agreement.

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5.03 Resident Abuse not Tolerated

The parties agree that the abuse of residents will not be tolerated, and that residents have a right to live in an environment that is free from abuse. For this reason, the parties agree to cooperate fully with one another in investigating any reported cases of abuse. Where an employee is required to leave the work place while an investigation is carried out in response to a complaint of abuse, such time will be with pay for all scheduled hours lost as a result of the absence. The Employer agrees that when an employee is sent home with pay pending investigation, and a Union Committee person is on site, the Union Committee person will be present at the time the employee is sent home. If a Committee Person is not present, the Union Committee person will be advised not later than the next business day.

All investigations will be completed as quickly as possible. Furthermore, the parties will work to ensure there is no retribution when an employee reports the abuse of a resident by another employee. The Union further agrees to work with the Employer to promote an abuse free environment for all residents.

5.04 There shall be equal pay and benefits, regardless of sex or any of the above factors.

5.05 Persons excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit, which shall directly cause or result in the layoff or reduction in hours of work of an employee in the bargaining unit.

5.06 It is agreed that the word "employee" or "employees" wherever used in this Agreement shall be deemed to refer only to an employee or employees in the bargaining unit as hereinbefore defined and where the feminine pronoun is used in this Agreement it shall be deemed to include the masculine pronoun, and vice­versa, where the context so requires.

ARTICLE 6- NO STRIKES OR LOCKOUTS

6.01 There shall be no strikes or lockouts so long as this Agreement continues to operate. The word "strike" and the word "lockout" shall have the meaning as set forth in the Labour Relations Act, as amended.

ARTICLE 7- UNION REPRESENTATION AND COMMITTEES

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7.01 The Union shall elect or otherwise select up to five (5) members of the bargaining units, who shall function as the Union Committee. One of the representatives so selected or elected will be the Union Chairperson. The Union shall furnish the Employer from time to time with an update on the current Union Committee representatives.

The Union Chairperson will be assigned to the day shift unless mutually agreed otherwise by the parties. If the Chairperson is not working on the day shift she will exchange her shift with the least senior employee on the day shift in her classification. At the end of her tenure as Union Chairperson the employees will revert back to their original shift, or the position of their last successful posting. The Union Committee will meet with the Employer on a regular basis as is mutually agreed upon to discuss and resolve any grievances and other matters that either party may raise. Such meetings will occur on the Employer's premises and during the day shift during regularly scheduled working hours. Either party may request a meeting, which shall be held within five (5) calendar days of the request.

The Union Committee shall have the right at any time to have the assistance of representatives of the CAW. Normally such representatives shall have access to the Employer's premises.

The Employer agrees that the Union Chairperson shall be retained at work during any layoffs or cutbacks in employment during her term of office, as long as they are qualified to perform any available bargaining unit work.

7.02 The Union recognizes that members of the Union Committee have regular duties to perform on behalf of the Employer and such persons will not leave their duties on Union Business without first obtaining permission from their innnediate Supervisor or department manager or her designate. Such permission will not be unreasonably withheld.

7.03 (a) In accordance with this understanding the Employer will compensate such employees at their regular rate of pay for the time spent on Union Business including negotiations for a new Collective Agreement, up to and including conciliation.

(b) The Union Committee Members and the grievor(s) shall receive their regular pay for all regularly scheduled working hours lost due to servicing grievances or attendance at grievance meetings (including meetings with grievance settlement officers) with representatives of the Employer, up to and including conciliation.

(c) Where a Home is participating in a Master Bargaining Process, and a Union Committee Person is attending a bargaining session with the Employer on Master issues, on a day that would otherwise be a scheduled day off, the Employer agrees to provide such employee

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with an alternative day off with pay, or, in the alternative pay for the scheduled day(s) so spent in negotiating meetings with the Employer.

ARTICLE 8- GRIEVANCE PROCEDURE

8.01 Any complaint arising between the employees and the Employer shall be considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the procedure outlined below:

8.02 Complaint

Any employee having a complaint shall first take the matter up with her Supervisor when the employee became aware of the issue giving rise to the complaint. The Supervisor shall give a decision within seventy-two (72) hours of such discussion. If the Supervisor's decision is not satisfactory to the employee, the employee may refer the complaint to the Union Committee.

Step 1

The Union Committee will then submit the grievance in writing to the Administrator, or designate within five ( 5) calendar days of the response. The Administrator shall respond to the grievance in writing to the Union Committee within five ( 5) calendar days of receipt.

Step 2

If the response is not satisfactory to the Union Committee, the parties shall arrange a meeting within five ( 5) calendar days of receipt of the Employer's response to discuss the grievance. The meeting shall be attended by the Union Committee and representatives of the Employer. The Employer's response shall be in writing within five (5) calendar days of the meeting. If the Union Committee is not satisfied with the response it may refer the grievance to arbitration as provided below within ten (1 0) calendar days of the receipt of the Employer's response. The Union Chairperson will be provided with a reasonable time in advance of any Step 2 grievance meeting in order that he/she may prepare for such meeting.

8.03 Group and Policy Grievances

The grievance procedure outlined in this Article shall apply equally to a grievance lodged by a group of employees, or to a policy grievance. Such grievances shall be filed in writing at Step 1 within ten (1 0) calendar days of becoming aware of the issue giving rise to the complaint.

It is understood that the Employer may file a Policy grievance with the Union under this clause.

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8.04 Discharge Grievance

8.05

A claim by an employee that she has been unjustly suspended or discharged shall be treated as a grievance if a written statement of such grievance is filed by the employee within five ( 5) calendar days after the employee has received notice of discharge or suspension in writing from the Employer. Such special grievance shall be taken up at Step 2 of the grievance procedure.

It is agreed that the Union Chairperson will be notified immediately upon the dismissal or suspension of any employee within the bargaining unit.

Benefit Grievance Resolution

Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows:

(a) The Union or Employer shall file a written grievance within ten (! 0) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the msurers.

(b) Within ten (1 0) days of filing a grievance, the parties shall meet with a view to resolving the grievance.

(c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance may be referred by either party to a single arbitrator, within ten (1 0) calendar days, to be selected alternately from the list of arbitrators hereinafter provided.

(d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate.

(e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute.

(f) The arbitrator for this process shall be Wes Rayner. (g) The arbitrator shall render a decision within ten (1 0) days of

completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given.

(h) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is self-

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insured and by the insurers and the Union where the benefit is insured.

(i) It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit

G) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or a right of judicial review is to avoid the cost and expense associated with the exercise of these rights.

(k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case.

(I) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties the grievance shall be transferred to the ordinary grievance/arbitration process.

8.06 Time limits fixed in the grievance procedure may be extended only by mutual consent of the parties.

8.07 Right to Have a Steward/Union Committee Member Present

An employee subject to formal disciplinary action which is to be recorded in the employee's personnel file shall have a Union Committee Member present at the time such discipline is given. The employee, and the Union Committee member shall be informed in advance that the meeting is to be disciplinary in nature, and the Committee member can be involved.

8.08 Clearing of the Record

Records of formal disciplinary action (written warning, disciplinary suspensions) will, except as noted below, be removed from an employee's personnel file once twelve (12) months have elapsed since the date of the last formal disciplinary action on the file.

Formal disciplinary action, in this context, is any disciplinary action, which is reduced in writing and given to the employee.

Such records will not be removed where the disciplinary action arises from an interaction with residents or family members, until thirty-six (36) months have elapsed since the date of the last formal disciplinary action on file.

The Employer agrees that no employee will be discharged, disciplined or otherwise discriminated against for advocating in the interests of the home's

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residents, or for reporting or publicizing any alleged deficiencies in resident care and quality standards. It is understood that an employee should first bring such deficiencies to the Employer's attention through their immediate Supervisor, labour-Management Committee of other workplace forums, and allow the Employer a reasonable opportunity to remedy any problems.

ARTICLE 9- ARBITRATION

9.01 The parties shall use a single arbitrator to decide uuresolved grievances between them selected from the list below:

Wes Rayner Randy Levinson Ted Crijenca Jules Bloch

The parties may add to the list by mutual agreement.

9.02 The cost of the arbitrator shall be shared equally by the Employer and the Union.

9.03 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement, not to substitute any new provisions in lieu thereof, nor give any decision inconsistent with the terms and provisions of this Agreement, nor deal with any matter not dealt with in this Agreement. In a case where the penalty imposed by the Employer is at issue the Arbitrator may substitute or otherwise modify such penalty.

9.04 All reasonable arrangements will be made to permit the conferring parties to have access to the facility to view any disputed operations involved in the grievance.

9.05 Time limits fixed in the arbitration procedure may be extended only by mutual consent of the parties.

ARTICLE 10- HEALTH AND SAFETY

10.01 The parties agree that they mutually desire to maintain standards of safety and health in the facility in order to prevent injury and illness.

10.02 A Joint Health and Safety Committee will be established with representation from various bargaining units and of employees who are not represented by Unions and who do not exercise managerial functions, and an equal number of Employer Representatives. The CAW will be entitled to one representative for every fifty bargaining unit members in the facility, with a minimum of two (2) representatives.

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10.03 At no time shall the number of company members be allowed to outnumber the amount of union members.

10.04 Two (2) co-chairpersons shall be elected by and from the members of the committee. One co-chair shall be a union member, and the other shall be an Employer member. The non-management members of the committee will elect the Union co-chair.

10.05 The committee shall operate in accordance with the Occupational Health and Safety Act, as it may be amended from time to time. Meetings will be held quarterly or more frequently as the committee may determine.

10.06 Without limiting the generality of the foregoing, the committee shall:

i) Ensure that inspections have been carried out at least once a month by the co-chairs or designate of the work place and equipment.

ii) Make recommendations for the improvement of the health and safety of workers.

iii) Recommend to the Employer and to the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of workers.

iv) Record the minutes of the meetings, which shall be signed by the co-chairs, distributed to the committee members, and posted on the bulletin boards, with a copy to the Union.

v) Identify potential dangers, recommend means of improving the health and safety programs and obtaining information from the Employer or other persons or organizations (e.g., OWOSH, Workers' Health and Safety Centre) respecting the identification of hazards and standards elsewhere.

vi) The CAW representatives of the Committee are entitled to meet for at least one (I) hour prior to the Committee as may be necessary for preparation.

10.07 In the event of accident or injury committee representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury.

10.08 No employee shall operate any piece of equipment or perform duties until she has received orientation, education and/or instruction.

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10.09 The Committee shall have access to the annual summary of data from WSIB relating to the number of work accident fatalities, the number of lost work day cases, the number of non-fatal cases that required medical aid with lost workdays, the incidence of occupational injuries, and reasonable access to such other related non-confidential data available from the Employer.

10.10 The Union co-chairperson, or designate, shall be allowed to accompany a Ministry of Labour inspector on an inspection tour of the workplace and speak confidentially with the inspector.

10.11 The Employer will make all affected direct care employees aware of residents who have serious infectious diseases to the extent possible within the framework of applicable federal and provincial privacy legislation. The Employer will advise of the proper procedures and proper precautions necessary to deal with such residents' conditions. The direct care workers are obligated to maintain confidentiality in respect of this information.

10.12 Employees who are not direct care employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that it is important for all employees to practice universal precautions in all circumstances. The Employer will ensure that all employees are aware of the requirement to practice universal precautions.

10.13 National Day of Mourning

Each year on April 28 at 11:00 a.m., one minute of silence will be observed in memory of workers killed or injured on the job.

10.14 Protective Clothing and Equipment

The Employer recognizes the safety concerns of all staff and shall provide all employees whose work requires them to wear protective equipment with the necessary equipment and protective clothing. This committee may make recommendations on such equipment (e.g., gloves, long sleeved gowns, masks, goggles). These shall be maintained and replaced, where necessary, at the Employer's expense. Where the committee recommends the wearing of such protective clothing and equipment, and the Employer implements such recommendation, employees are obligated to comply with such recommendation( s ).

10.15 Lockout and Machine Guarding

The employer shall ensure that all equipment is locked out and guarded. The JHSC shall develop lockout and test procedure and machinery guarding program. All employees who may be at risk will receive training specific to their job.

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10.16 Outbreak

(a) Upon recommendation of the Medical Officer of Health, all employees may take such treatments as the Officer may direct. If the cost of such treatment is not covered by some other source, the cost will be borne by the Employer.

(b) If an employee does not take the recommended course of treatment, or fails to complete it, she shall be placed on an unpaid leave of absence until such time as the situation is resolved. If an employee does not complete a course of treatment initiated by the Employer any subsequent course of treatment required as a result of the same situation shall be undertaken at the employee's expense.

(c) An employee who does not take the recommended course of treatment for verified medical or bona fide religious reasons is entitled to such accommodation as the Employer may direct or, failing that sick leave or vacation if the credits are available. If the employee has no sick time she may use vacation entitlement subject to the following paragraph.

(d) Accrued sick time must be used prior to using vacation entitlement. In the event that an employee uses vacation, such vacation will be granted in increments of one (1) day. These single vacation days will not be considered as single days as set out in Article 15.03. The employee shall be required to contact the Administrator of the facility, or her designate, on a daily basis to confirm that vacation will be granted for that day. Employees on vacation must be available to work each day if required by the Employer.

(e) Where it is permitted by the Medical Officer of Health, or designate, and where it is otherwise possible, and employee who cannot work due to not taking the recommended course of treatment may be reassigned to work in another area of the home until the outbreak is declared over.

(f) In the case of employees who work at more than one health care facility, and an outbreak occurs in one of the facilities with the result being the medical officer of health or designate limits the employee to working at one facility only, the Employer will attempt to offer the employee call-in hours, being respectful of the agreed to call-in procedures.

10.17 Employment of Disabled Workers

The Union acknowledges the duty of the Employer to accommodate certain individuals under the Human Rights Code of Ontario and agrees that this Collective Agreement will be interpreted in such a way as to permit the Employer to discharge that duty.

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10.18 Injured Workers Provisions

An employee who is injured during working hours and who is required to leave the facility for treatment or is sent home as a result of an injury shall receive payment for the rest of the shift at her regular rate of pay. Such employee shall be provided with transportation to her doctor's office or the hospital and to her home as indicated.

ARTICLE 11- SENORITY AND PROBATIONARY PERIOD

11.01 A new employee will be considered on probation until after she has completed four hundred and fifty (450) hours worked or twelve (12) months, whichever occurs first. Hours must be worked in order to pass probation. Upon completion of such probationary period, the employee's name will be placed on the appropriate seniority list with seniority dating from the date she was hired by the Employer. The dismissal of a probationary employee may not be a subject of a grievance if it relates to work performance.

11.02 Seniority is defined as length of service in the bargaining unit and shall be applied on a bargaining unit-wide basis calculated on the date of hire by the Employer. Seniority shall be applied in determining preference for promotions, transfers, demotions, assignments, lay-offs, recall, and as set out in other provisions of this Agreement, provided that the senior employee possesses the necessary qualifications and ability to perform the normal requirements of the job.

11.03 In cases of promotion, demotion, transfer, assignment, layoff and recall, seniority shall prevail provided that the senior employee possesses the necessary qualifications and ability to perform the normal requirements of the job.

11.04 The Employer will supply the Union Committee members with sufficient copies of the Full-Time and Part-Time Seniority Lists as well as forwarding a copy to the Local Union Office in January and July of each year. If there are no written complaints concerning the seniority list in the 6 months following its posting, the list shall be deemed to be accurate.

11.05 An employee shall lose all seniority and her employment shall be deemed to be tenninated if she:

(a) Voluntarily resigns, quits, retires, or is retired; or

(b) Is discharged for just cause and not reinstated pursuant to the provisions of the grievance and arbitration procedures; or

(c) Overstays a leave of absence or remains away from work without permission for a period of more than three (3) consecutive working

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11.06

days for which she was scheduled to work, without a justifiable reason for the absence; or

(d) Fails to report for work in accordance with a notice of recall, or to inform the Employer within three (3) working days of receipt of notice of recall of her intention to return to work, or fails to return to work within ten (1 0) working days of the receipt of notice of recall, unless a satisfactory reason is given; or

(e) Is laid-off from work for a period of thirty-six (36) months

An employee may accept a supervisory position outside of the bargaining unit for a period of up to one year. During such leave the employee's seniority will be frozen. She will be entitled to return to her former position at the end of the leave. This clause will not be repeatedly applied in respect of a single member of the bargaining unit so as to permit an employee to maintain seniority entitlement while working outside of the bargaining unit.

Transfer of Seniority

(a) Seniority, once probation is completed, will be established from the date of commencing employment. When a part-time employee becomes a full-time employee, or when a full-time employee becomes a part-time employee, seniority will be calculated on a basis of sixteen hundred and eighty-seven hours (1687) equals one (1) year or vice versa.

(b) Effective June 6, 1997, part-time employees shall accrue seniority based on hours worked. For purposes of the Agreement, 1687 hours worked equals one year. For all non-monetary issues such as promotions, transfers, demotions, assignments, lay-offs, recall provided the senior employee possess the necessary qualifications and ability to perform the normal requirements of the job, seniority for part time is date of hire.

ARTICLE 12 -LAYOFF AND RECALL

12.01 Short Term Layoff

In the event of short term layoffs (a layoff of less than thirteen (13) weeks) the Employer will determine the shift(s) and classification(s) in which the layoffs will occur. The parties can agree to alternative methods of reduction of hours if time permits.

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12.02 General Provisions Related to Layoffs

For purposes of layoff the seniority lists will be merged. It is understood and agreed that if a part time employee bumps a full time employee as part of the layoff procedure the part time employee is accepting the full time position only. Similarly, if a full time employee bumps a part time employee as part of the layoff procedure the full time employee is accepting the part time position only. Note that the matter of benefits coverage will be determined by the status into which the employee bumps.

12.03 Long Term Layoffs

In the event of a proposed layoff of a permanent or long term nature, the Home will provide the Union with at least six ( 6) weeks' notice. This notice is not in addition to required notice for individual employees.

12.04 In the event of a proposed layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows:

12.05 Layoff Procedure

If her service is greater than 9 years- 9 weeks' notice If her service is greater than 10 years -10 weeks' notice If her service is greater than 11 years- 11 weeks' notice If her service is greater than 12 years- 12 weeks' notice

(a) In the event oflayoffseniority lists will be merged.

(b) The Employer will determine the shift(s) and classification(s) in which the layoffs will occur. An employee who is subject to layoff shall have the right to either:

i) accept the layoff; or

ii) displace an employee who has less bargaining unit seruonty provided she has the qualifications and can perform the duties in question without training other than orientation.

iii) An employee who is displaced as a result of the operation of (ii) may accept the layoff or displace a less senior employee provided she has the qualifications and can perform the duties in question without training other than orientation. Such employee so displaced shall be laid off.

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iv) The decision of the employee to choose (i) or (ii) above shall be made in writing to the Administrator within three (3) business days following notification of layoff or advice that the employee is to be bumped. Employees failing to do so will be deemed to have accepted the layoff.

12.06 Employees on layoff may apply for any posted position, however the job posting procedures will apply unless otherwise noted.

12.07 Recall Rights

(a) An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she has the qualifications and can perform the duties in question without training other than orientation.

(b) Employees on layoff have the right of recall to their former position, and this supersedes the posting provisions of the collective agreement.

(c) An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the layoff should it become vacant within thirty-six (36) months of the date of her layoff.

(d) No new permanent 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. ·

(e) It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (1 0) working days after being notified unless a satisfactory reason is given. The employee is solely responsible for her proper address being on record with the Employer.

(f) Employees on layoff, or notice oflayoff, have a right to consideration for temporary vacancies expected to exceed fourteen (14) 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.

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(g) A laid off employee shall retain the rights of recall for a period of thirty­six (3 6) months. Employees on recall are responsible for the maintenance of any skills and/or license to practice required for them to return to work.

(h) In cases of a layoff and recall seniority shall apply provided the employees concerned can perform the normal requirements of the job.

(i) Recall shall be in reverse order to layoff and all employees on layoff must be given the opportunity of recall before any additional new help is hired.

12.08 Benefits on Layoff

In the event of a layoff, provided the employee deposits with the Home her share of the premiums of her insured benefits for the succeeding month (save for weekly indemnity for which laid off employees are not eligible) the Employer shall pay its share of the insured benefits premium for a period up to three (3) months from the end of the month in which the layoff occurs, or until the laid off employee is employed elsewhere, whichever comes first.

12.09 Grievances concerning layoffs shall be initiated at the final step of the grievance procedure.

ARTICLE 13 -JOB POSTING

13.01 When a new job classification is created or any vacancy occurs, the Employer will post a notice of the vacancy for a period of seven (7) calendar days on the Union Bulletin Board. The notice will specify the nature of the job, the shift, qualifications required and the rate of pay. An employee who wishes to be considered for the position so posted shall signify her desire by making written application in accordance with the provisions of the posting. The name of the successful candidate will be posted immediately after she is advised and shall remain posted for a period of three (3) calendar days.

It is understood that with the knowledge of the Union Chairperson, the Employer may temporarily fill the vacancy during the posting. The Employer shall fill such vacancy on completion of the job posting procedure.

13.02 Employees shall have the right to bid during such seven (7) calendar day period on any such vacancy or new job created. Such vacancy or new job created shall be filled from the applications received on the basis of seniority provided the senior employee possesses the necessary qualifications and ability to perform the work required. In cases where the qualifications and ability are equal, seniority shall govern.

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13.03 In the event the successful applicant within thirty (30) working days of commencing work in the posted position or such longer period as may be mutually agreed upon in writing, proves unsatisfactory or requests a return to her former position, she shall be returned to her former position without loss of seniority.

Employees who wish to return to their former position during a trial period must set out their request in writing to the Employer. Similarly, where the Employer determines that it intends to return an employee to her former position during her trial period the employee will receive notice in writing.

13.04 If no applications to fill such vacancy or new job created are received from employees, then the Employer will fill the vacancy or new job created in any manner it sees fit.

13.05 Copies of all job postings shall be submitted to the Union Chairperson prior to the posting.

13.06 In the event that a new classification is created, the Employer agrees that the Home Administrator and the Union Representative and the Union Committee shall meet to discuss the job content and the wage rate for such classification not later than thirty (30) days after it is implemented.

ARTICLE 14- LEAVES OF ABSENCE

14.01 Personal Leave

The Employer may grant leave of absence without pay to any employee for legitimate personal reasons. Employees who are absent resulting from such leave of absence shall not be considered to be laid off and their seniority and benefits under this Collective Agreement shall continue to accumulate during such absence. Employees will be granted personal leave of absence days in accordance with the 2007 Ontario Employment Standards Act, such as Personal Emergency Leave and Family Medical Leave.

14.02 Pregnancy/Parental Leave

(a) The employee shall give the Employer two (2) weeks' notice in writing of the day upon which she intends to commence her leave of absence unless impossible and furnish the Employer with a certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur in her opinion, or that she is or has qualified to adopt a child and provides evidence she is qualified.

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(b) The employee must have completed thirteen (13) weeks employment with the Employer prior to the beginning of the leave of absence.

(c) Pregnancy/Parental leave shall cover the period up to seventeen (17) weeks before and after the birth of the child and thirty-five (3 5) weeks Parental leave.

(d) When an employee decides to return to work after Pregnancy/Parental leave, she shall provide the Employer with at least four weeks' notice. On her return to work, the Employer shall reinstate the employee to her position, or provide her with alternative work of a comparable nature.

(e) While on pregnancy/parental leave, an employee shall retain her full seniority status and continue to accumulate all service and seniority under this Collective Agreement.

(f) An employee on pregnancy or parental leave who is in receipt of Employment Insurance pregnancy benefits shall be paid a supplemental benefit. This benefit shall be equal to the difference between 75% of her base weekly earnings and the sum of her weekly Employment Insurance benefits.

Such payment shall begin following completion of the 2 week Employment Insurance waiting period and receipt by the employer of the employee Employment Insurance first cheque stub and shall continue while the employee is in receipt of such benefits and on pregnancy leave for a maximum period of 15 weeks and 10 weeks parental leave.

(g) The Employer may require the employee to commence leave of absence at such time as the duties of her position cannot reasonably be performed by a pregnant woman.

(h) The Employer agrees to follow the Employment Standards Act (2000)

14.03 Bereavement Leave

(a) Upon the death of an employee's spouse, child or stepchild, an employee shall be granted leave up to a maximum of five ( 5) days without loss of pay, ending with the day following the day of the funeral

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(b) Upon the death of an employee's mother, father, step-parents, mother-in-law, father-in-law, brother, sister, brother-in-law, sister­in-law, legal guardian, grandparent, grandparent-in-law, grandchildren, son-in-law, or daughter-in-law the employee shall be granted leave up to a maximum of three (3) days without loss of pay, ending the day of the funeral.

(c) It is agreed that this leave is to apply only where the employee is in attendance at the funeral and pay for such days of absence is limited to the days actually missed from work as per the employee's scheduled working days. If the funeral is not attended, the paid leave shall be limited to two (2) days ending no later than the day of the funeral.

(d) An employee shall be granted one (1) day bereavement leave without loss of pay to attend the funeral of his or her aunt or uncle, niece or nephew.

(e) An employee will not be eligible to receive payment under the terms of Bereavement Leave for any period in which she is receiving payments for holiday pay.

Note: It is understood that if an employee is on sick leave and attends the funeral that the bereavement leave will not be charged against sick leave accumulated.

(f) Where it is necessary because of distance, the employee may be provided up to four ( 4) days additional unpaid leave.

(g) When an employee is eligible for Bereavement Leave while on vacation, she shall be entitled to such Bereavement Leave as set out above. The vacation days so replaced shall be extended or rescheduled as mutually agreed.

(h) An employee can apply to use a paid bereavement day to which she would otherwise be entitled in accordance with this clause for use at a later date to attend an internment or equivalent service.

14.04 Union Leave

Upon receipt of written notice from the Union as far in advance as possible, the Employer will grant a leave of absence without loss of seniority or service to attend Union conventions, conferences or to attend to Union business to a maximum of forty ( 40) working days in any one calendar year within each bargaining unit at each work site. The forty ( 40) working day limit shall not include PEL absences or absences to attend other Union educational programs,

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14.05

which shall be limited to a total of forty ( 40) working days. The limit does not apply to the Union Chairperson.

Where an employee is on approved union leave the employer will continue to pay all wages and benefits. The employer will then submit a detailed invoice for such wages and benefits paid to the affected employee and any other employee costs associated with those wages to the Local Union office for reimbursement.

NHRIPP

In addition to any limits in the collective agreement, where a bargaining unit member is a representative on the NHRIPP Board, she shall be entitled up to an additional thirty-six (36) days of unpaid leave per calendar year.

An employee may apply to the Employer for a long-term leave of absence without pay but without loss of seniority if they are elected or appointed to a full-time position with the Local or the National Union. Such leave shall be for a period of three (3) years and may be renewed for a further period as may be agreed between the parties. During such leave the Union shall be responsible for providing WSIB coverage. The Employer will post the vacancy arising as a result of the granting of this leave as a temporary vacancy, which will be filled in accordance with the provisions of the job posting article.

Education Leave

(a) If required by the Employer an employee shall be entitled to leave of absence with pay and without loss of seniority and benefits to upgrade her employment qualifications.

(b) Where employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full costs associated with the courses.

(c) The Administrator may grant a request for unpaid leave of absence to upgrade employment qualifications provided that she receives at least one month's notice in writing unless impossible, and provided that such a leave may be arranged without undue inconvenience to the normal operations of the Nursing Home. Applicants when applying must indicate the date of departure and specific date of return.

14.06 Jury & Witness Duty

If an employee is required to 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

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with a case arising from the employee's duties at the Nursing Home, the employee shaH not Jose regular pay because of such attendance, provided that the employee:

(a) Notifies the Nursing Home immediately on the employee's notification that she will be required to attend a court;

(b) Presents proof of service requiring the employee's attendance; and

(c) Deposits with the Nursing Home the fuH amount of compensation received; excluding mileage, traveling and meal allowance, and an official receipt thereof.

14.07 Paid Education Leave

The Employer agrees to pay into a special fund two (2) cents per hour per employee for aH compensated hours. Such monies to be paid on a quarterly basis into a fund established by the Canadian Auto Workers and shaH be utilized by the Union at its discretion and sent by the company to the foHowing address: CAW Paid Education Leave Program, CAW Family Education Centre, RR #1, CAW Road 25, Port Elgin, Ontario NOH 2C3.

The Employer further agrees that members of the bargaining units selected by the Union to attend such courses will be granted a leave of absence without pay for twenty (20) days class time, plus travel time where necessary. Employees on such leave of absence will continue to accrue seniority and benefits during such leave.

14.08 Effect of Leave of Absence

Where they are used in the coHective agreement, the terms seniority and service shaH be deemed to refer to the length of employment subject to the fo11owing conditions:

(i) It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days, or any approved absence paid by the Employer, both seniority and service will accrue.

(ii) During an unpaid absence exceeding thirty (30) calendar days other than an absence under the maternity/adoption provisions, credit for service for purpose of salary increment, vacation, sick leave, or any other benefits under any provisions of the Co1lective Agreement or elsewhere shall be suspended for the period that exceeds thirty (30) days; the benefits concerned appropriately reduced on a pro-rata basis, and the employee's anniversary date adjusted accordingly. In addition the employee will become responsible for fu11 payment of subsidized

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employee benefits in which she is participating for the period of the absence. An employee on maternity/adoption leave continues to be responsible for full payment of subsidized employee benefits in which she is participating for the period of the approved leave. During such leave exceeding thirty (30) calendar days, previous accumulated service wiJJ be preserved.

(iii) It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the period of absence that exceeds thirty (30) days. Notwithstanding this provision, seniority shall accrue during pregnancy/parental leave for a period of one (1) year if an employee" absence is due to an injury within the nursing home resulting in Workers' Safety and Insurance benefits.

(iv) Where an employee is laid off for not more than thirty (30) continuous days, such layoff shall be treated for purposes of this section as an unpaid leave of absence and full coverage for all employee benefit plans wiJJ continue for the period not exceeding thirty (3 0) days.

(v) Notwithstanding the above, where an employee is absent and in receipt of Workers' Safety and Insurance Benefits, the Employer wiJJ continue for up to twelve (12) months from either the date of injury or last day worked, whichever is appropriate, to provide the health and welfare benefits in which the employee is participating at the time of the injury, provided only that the employee pay any premium share required under this agreement.

ARTICLE 15- VACATIONS

15.01 Vacation entitlement is from the anniversary date of the employee and shall be taken during the vacation year. It being understood vacation entitlement is determined in accordance with years of continuous service in the year which vacation is given. The vacation year is from April 1 s' of one year to March 31 '' of the following year.

15.02 All employees shall receive vacation with pay on the following basis:

(a) Employees who have completed Jess than twelve (12) months of employment shall be entitled to one day for each completed month of employment and shall be paid four percent (4%) vacation pay, computed at 4% of gross earnings.

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(b) Employees who have completed one (1) year of employment shall be entitled to three (3) weeks' vacation with pay (15) work days), computed at six percent (6%) of gross earnings for the twelve (12) month period prior to the commencement of the vacation year (Aprill).

(c) Employees who have completed nine (9) years of employment shall be entitled to four (4) weeks' vacation with pay (20 work days) computed at eight percent (8%) of gross earnings for the twelve (12) month period prior to the commencement of the vacation year (Aprill).

(d) Employees who have completed eighteen (18) years of service shall be entitled to five (5) weeks' vacation with pay (25 work days, computed at ten percent (10%) of gross earnings for the twelve month period prior to the commencement of the vacation year (April!).

(e) Employees who have completed twenty-three (23) years of employment shall be entitled to six (6) weeks' vacation with pay (30 work days), computed at twelve percent (12%) of gross earnings for the twelve month period prior to the commencement of the vacation year (April!).

(f) Effective the vacation year 2008 - Employees who have completed twenty-eight (28) years of employment shall be entitled to seven (7) weeks' vacation with pay (35 work days), computed at fourteen percent (14%) of gross earnings for the twelve month period prior to vacation.

15.03 The time of vacation for each employee each year will be mutually arranged between the employee and the employer, provided however that if there is a dispute over a respective vacation date between the employees, seniority of an employee shall be the governing factor. An employee shall be entitled to receive vacation in an unbroken period, unless otherwise mutually agreed upon between the employee and the Employer. Ten (10) days of vacation may be taken in individual days if they wish, subject to the consent of the Director under Section 32 of the Employment Standards Act upon joint application of the parties.

15.04 An employee who leaves the employ of the Employer for whatever reason shall be paid the vacation allowance as provided herein. Vacation entitlement and pay received shall be adjusted in accordance with the anniversary date of the employee. Employees who quit will attempt to give two (2) weeks' notice.

15.05 If in any year an employee does not take her vacation, she will not be entitled to add the unused entitlement to her subsequent year's vacation entitlement. Vacation not taken between April 1 '' and March 31" shall be paid out in the pay period following the 31" of March.

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15.06 All normal deductions made from employees' pay will be made from vacation pay and shall be issued on the normal pay day prior to the commencement of the employee's vacation. Employees must make the request for vacation pay at least seven (7) days in advance of the normal payday prior to their vacation.

15.07 For the purpose of clarity "continuous service" as it appears in this Article shall mean unbroken employment and shall include:

(i) Approved leave of absence (as provided for in accordance with Article 14);

(ii) Scheduled days off;

(iii) Vacations and statutory holidays;

(iv) Days off;

(v) Suspensions.

15.08 An employee who becomes seriously sick or seriously injured immediately prior to going on vacation and is thus prevented from taking vacation shall have her vacation rescheduled, after all other vacation periods have been granted, providing the employee provides satisfactory, specific medical documentation, that supports the loss of vacation, to the employer. If during the employee's vacation she becomes incapacitated and is confined to bed under the care of a medical doctor, the duration of such confinement shall be considered as sick time, if satisfactory evidence of such incapacitation and confinement is provided, and any unused vacation will be rescheduled. The employee is responsible for notifying the business office of such illness or injury.

15.09 All vacation requests will be entered into a vacation schedule planner/binder by the employee making the request. The vacation schedule planner/binder will be provided by the Manager of each department.

15.10 Individual Vacation Days

The parties agreed to increase full time individual vacation days to thirteen (13) and part time individual vacation days to eight (8) with no stipulations following the current practice.

ARTICLE 16- PAID HOLIDAYS

16.01 Every employee will be credited with seven and one-half (7\6) hours pay computed at straight time for each of the following holidays:

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New Year's Day Family Day Good Friday Victoria Day Canada Day 1 Float Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

Employees shall be entitled to the paid holidays as above set forth and such other holidays as may be in future proclaimed or declared by either the Provincial or Federal Governments in which case a float holiday shall be deleted in favour of such proclaimed or declared holiday.

Christmas/New Year. Employees are to be given three (3) consecutive days off at Christmas or New Year's.

16.02 An employee who is required to work on any of the above-mentioned holidays except the Float Holidays defined in 16.03, will receive, at the employee's option, either:

(a) Pay at the rate of time and one-half the employee's regular rate of pay for work performed on such holiday in addition to the pay set out in Article 16.01; or

(b) Pay at the rate of time and one-half the employee's regular rate of pay for work performed on such holiday and a lieu day off with pay within either fifteen (15) days before or forty-five (45) days following the holiday. Such lieu day off to be selected by the employee. The Employer reserves the right to restrict the number of employees observing a particular lieu day. Such restrictions will be in accordance with the principles of seniority.

16.03 Floating Holidays

(i) Subject to the conditions hereinafter set forth, all full-time employees, are entitled to and shall receive one floating holiday with pay per fiscal year of the Employer, being April 1 '' of one year to March 31" of the following year.

(ii) The granting of a floating holiday is subject to the following conditions:

(a) The employee shall be entitled to select her floating holiday, but such selection may not be taken between December 15th of any year to the 15th of January of the following year.

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(b) An employee shall be entitled to receive pay in lieu of taking the floating holiday.

(c) The employee must give at least one week's advance notice of her choice of the floating holiday, and such date must be approved by management, subject to the availability of relief staff for the day chosen by the employee.

(d) An employee must have completed thirty (30) working days before requesting a floating holiday.

16.04 If one of the paid holidays occurs during an employee's vacation or on an employee's regular day off, the employee will be credited with an additional day off.

16.05 An employee will be paid for a holiday provided she:

(a) Works her last full scheduled shift before and her full scheduled shift after such holiday and works on such holiday if she is scheduled to work unless she is excused by the Employer.

(b) Is on the active payroll of the Employer and not on a leave of absence, weekly indemnity and L.T.D., Workers' Safety and Insurance or layoff;

(c) Has earned wages on at least eleven (11) days during the four (4) work weeks immediately preceding the public holiday.

(d) If an employee has met the qualifiers for statutory holiday, they are deemed to have qualified for lieu day pay.

ARTICLE 17- HOURS OF WORK AND SCHEDULING

17.01 The normal hours of work for all employees shall be seven and one-half (7 Y>) hours per day, exclusive of a thirty (30) minute unpaid meal break, or seventy­five (75) hours in a bi-weekly period.

The above paragraph is not to be construed as a guarantee of hours of work per day or per week or bi-weekly.

17.02 The Employer shall insure each employee one (1) weekend off every two (2) weeks. Should an employee be required to work two (2) weekends in succession, she shall be paid at the rate of time and one-half for the second (2"d) and subsequent continuing weekends until a weekend off is scheduled. This clause is not applicable to employees who work weekends by mutual agreement with the Employer.

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17.03 No employee shall be scheduled to work more than five (5) consecutive days without being given two (2) or more days off work, provided, however, that the overtime rate of one and one-half (1 \1,) times the employee's applicable hourly rate shall be paid for any days worked over five ( 5) consecutive days, except in the case of an exchange of shifts between employees or if an employee requests extra shifts or by mutual agreement.

17.04 Overtime shall be paid for all hours worked over seven and one-half (7 \1,) hours in a shift and seventy-five (75) hours in a bi-weekly period, at the rate of one and one-half (1 \1,) times the employee's regular rate of pay.

17.05 All employees will be allowed one (1) rest period in each one-half (112) of a full shift defined in Article 17.01, fifteen (15) minutes duration without reduction in pay and without increasing the regular working hours.

17.06 Employees desiring to leave the premises of the Home prior to normal quitting time, exclusive of meal periods, must obtain permission from their immediate Supervisor or department manager or her designate before leaving their work.

17.07 All employees shall be granted a minimum of sixteen (16) hours off between shifts. In the event that the Home fails to schedule sixteen (16) consecutive hours off when tours of duty are changed, any employee so affected will, in such event, be paid premium pay calculated at the rate of one and one-half (1 \1,) times her regular straight time rate for the number of hours difference between sixteen (16) hours and the actual number of consecutive hours off,. unless such shorter period of time was mutually agreed to by the Employer and the employee concerned or resulted from a specific request initiated by the employee or as a result of the mutual exchange of shifts between two employees.

17.08 There shall be no pyramiding of overtime and/or premium pay under the terms of this Agreement.

17.09 Those employees working the 10:00 p.m. to 6:00a.m. shift when the change from daylight to standard time or vice-versa occurs, shall be paid straight time for the exact number of hours worked, provided she was not worked in excess of seventy-five (75) hours in a pay period.

17.10 The hours of work will be as scheduled by the Employer. The master schedule of each department will be discussed with the Union Committee prior to implementation.

17.11 Call-in Procedure

The Employer agrees to continue the current practice of the call-in procedure. When a shift becomes available the part time staff will be called first by seniority on a rotating basis: continuing with the next person in rotation. Failing to fill the

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shift as above, the preferred part time staff will be called in based on above procedure. Failing to fill the shift as above the weekend worker will be called. Failing to fill the shift as above procedure, the emergency on-call will be called. Failing to fill the shift as above, full time staff will be called. The call-in list will be updated monthly in accordance with part time Addendum 1 (a).

17.12 Master Schedule

When a vacancy occurs which is part of a master schedule line, it will be posted as per the original master schedule line.

17.13 Switch Shifts

The Employer agrees to continue the current practice of switching shifts as follows:

1. unlimited switches 2. permanent switches 3. switching switches 4. the shifts must be covered by the employee( s) 5. no overtime will occur as a result of the switched shifts 6. the union will be notified of all permanently switched shifts 7. the shifts of unequal duration will be submitted to the Manager for

approval.

ARTICLE 18- PREMIUM PAYMENT

18.01 All employees shall be paid a shift premium of forty (40) cents per hour for all hours worked during each shift which commences or ends between 1400 hours one day and 0700 hours the next day. Majority of hours worked during 1400 hours- 0700 hours shall receive a shift premium for all hours.

18.02 All employees shall be paid a weekend premium of fifteen (15) cents per hour worked for the forty-eight ( 48) hour period starting with the shift commencing after the end of the evening shift Friday and ending at the end of the evening shift on Sunday.

All employees shall be paid a weekend premium of twenty (20) cents per hour worked for the forty-eight ( 48) hour period starting with the shift commencing after the end of the evening shift Friday and ending at the end of the evening shift on Sunday.

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18.03 Supervisory Pay/Charge Hand Pay

When an employee is assigned to relieve in a supervisory position, she shall be paid at the supervisor rate of pay for all hours worked while so assigned.

18.04 An employee called on to perform duties in a higher rated category or supervisory capacity shall be paid not less than the start rate for that category. If the start rate in the higher category is less than the employee's own rate, the employee shall be paid the rate in the higher category, that is, next above her own rate.

18.05 Transfers

When an employee transfers or is transferred from one department or classification to another department or classification, whether the wage rate is equal to or higher, she shall be paid at such rate set out in the wage schedule for such department or classification so that the employee will not be earning less money than prior to the transfer. If the wage rate is less than the wage rate of the transferred employee she shall remain at her current wage rate.

When an employee who is transferred to a higher category has recent past experience with the employer which is relevant to the higher category, the Employer shall give the employee credit for all such experience up to the maximum for the higher rated job.

18.06 An employee who is called into work as a replacement for an absent employee after that absent employee's shift has started will be paid for the full shift at the applicable rate.

18.07 Reporting Pay

Employees who report to work for any shift without being notified to the contrary will be guaranteed at least three and three-quarter (3 % ) hours of work or if no work is available will be paid for at least three and three-quarter (3 %) hours at the applicable rate.

18.08 Where, in the sole judgment of the Director of Resident Care or her designate, it is necessary to request a Registered Practical Nurse to take a charge shift, she shall be paid $1.00 per hour in addition to the applicable hourly wage set forth in Schedule A to this Agreement.

18.09 The Employer shall pay O.A.R.N.A. fees for all regular full-time registered nursing assistants respectively who have been employed continuously for a period of one year, and who work more than six regularly scheduled shifts per pay period (45 hours).

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ARTICLE 19 -ALLOWANCES

19.01 Uniform Allowance

The Employer agrees to pay one hundred and twenty-two dollars ($122.00) per calendar year uniform allowance to all full time employees for the purchase, laundering and repair of uniforms.

19.02 Safety Shoes

It is further understood that the Employer, where necessary will supply safety shoes that will be worn at all times while on duty. Replacement will be as required, but shall not be more frequent than once per year except for necessary reasons of wear.

In the alternative, the employee will be paid fifty ($50.00) dollars per year for the purchase and maintenance of safety shoes.

19.03 It is agreed that on the first pay period following ratification or Award, of the collective agreement, the method of uniform allowance payment will cease and a lump sum payment will be made one year after the current method has ceased. Employees working less than one year at the time of the lump sum payment will receive a prorated amount consistent with their length of service in the past year. Employees whose employment has terminated will receive the prorated accumulation of their uniform allowance at the time of their departure.

19.04 Where an RPN is hired and has recent related RPN experience in a long term care or hospital setting, she may apply for recognition of that experience on the wage grid, up to a maximum of the grid. Such experience, when approved, will be granted on the basis of one year's movement on the grid for each one years' experience. Where the experience is part time one year equals 1800 hour paid.

19.05 Responsibility Allowance

Where an RN is absent from her normal shift, and the Employer temporarily assigns an RPN to carry out some additional responsibilities of the absent RN for a period in excess of half (\6) shift, the employee shall receive an allowance of seven dollars and fifty cents ($7.50) for each shift from the time of the assignment.

19.06 Call Back

An employee called back to work after leaving the premises who reports to work outside her normal, scheduled hours of work will receive, no matter what period of time is actually worked, no less than the equivalent of three and three-quarter (3 %) hours pay at time and one-half her regular, straight-time hourly rate. For purpose of clarity, this paragraph shall not apply to employees who are scheduled to work overtime by reporting to work before the commencement of their normal shift.

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19.07 The Employer agrees that each time schedule shall contain a period of four (4) weeks and that it will be posted two (2) weeks prior to the start of such schedule.

ARTICLE 20- HEALTH AND WELFARE BENEFITS

20.01 The Employer, for all full-time employees, agrees to pay the following:

(a) Extended Health and Vision

One hundred percent (100%) of the billed premium for the Manulife non­deductible extended health care plan on behalf of each eligible employee in the employ of the Home; effective two weeks after ratification such coverage to include glasses up to the amount of one hundred and sixty dollars ($160.00) per person each two (2) years.

Effective November 24th, 2011 Vision coverage will increase to one hundred and eighty-five dollars ($185) every twenty-four (24) months.

Effective no later than six ( 6) months following the date of ratification the Employer will introduce a Drug Card that provides as follows:

Positive enrolment $6.50 filling fee cap $2.00 per prescription deductible $2500 cap in lifestyle drugs

Generic Substitution unless specifically prescribed otherwise by the employee's physician

(b) Group Life

The Employer will pay one hundred percent (1 00%) of the group life insurance plan providing twenty-five thousand dollars ($25,000.00) life insurance.

(c) Long Term Disability

The Employer will pay one hundred percent (100%) of the cost of a long term disability plan covering seventy-five (75%) percent of the monthly earnings to commence in accordance with 21.09, to age 65.

20.02 The Employer agrees to notify the Union Committee Chairperson of any change in Carrier sixty days in advance of such change, unless it is not

36

possible to do so. The Union may request a meeting to discuss the proposed change. The benefits provided will be equivalent.

20.03 E.I. Rebate

The employee's share of the Employer's Employment Insurance premium reduction will be retained by the Employer towards offsetting the cost of the benefits contained in this agreement.

20.04 The parties agree to follow the current benefit booklets or collective agreement regarding benefits, and at age 70 workers previously entitled to benefits will receive in lieu as per the contract.

ARTICLE 21 -SICK LEAVE

21.01 Pay for sick leave is for the sole and only purpose of protecting employees against loss of income for regularly scheduled shifts when an employee is absent from work due to personal illness or injury which is not compensable under Workers' Safety and Insurance Act.

21.02 hnplementation of a weekly indemnity plan to provide coverage on the first day of hospitalization or accident or the eight (8th) calendar day of illness. Coverage to continue for seventeen (17) weeks at sixty-six and two-thirds percent (66-2/3% of her salary.

21.03 Current employees will retain current sick leave credits until reduced by usage to new maximum or upon termination. Such credits may be used to supplement weekly indemnity payments to full salary.

21.04 Employees who have completed the probationary period shall be credited with three (3) days ofsick leave and shall then accumulate sick leave credits at the rate of7.5 hours (I credit) for each period of 162.5 hours paid, to a maximum of 105 hours (14 credits). Providing credits are available, employees will be eligible to claim one hundred percent (100%) of scheduled lost time due to illness for the first seven (7) consecutive calendar days during any one illness.

21.05 Weekly indemnity plan for new full time employees to be effective on completion of probation period. Weekly indemnity benefits will be provided for scheduled lost time in accordance with the plan policy. Weekly Indemnity cheques shall be mailed directly to the employee's home.

(a) Weekly Indemnity participation is voluntary for all employees. (b) Employees will be advised of their options in writing and will

make their initial choice regarding participation at time of hire, within the eligibility period.

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(c) An employee who does not enroll at time of hire or within the eligibility period who has withdrawn, may enroll at the sign up opportunities in January and July each year subject to evidence of insurability satisfactory to the carrier.

Full time I Part time Sick Leave Transfers

Sick leave benefits accumulated at time of transfer from full-time to part-time or part-time to full-time status shall remain to the credit of the employee, and shall be used in accordance with the provisions of this Agreement.

21.06 An employee who reports sick must notify the Employer at least one (1) hour before the start of a shift or within a reasonable time. Employees must report to the department head or nurse in charge.

21.07 Employees may be required to produce proof of sickness for any absence in the form of a medical certificate; and a medical certificate shall be provided on demand when an employee has been absent. Such medical certificate must indicate that she is fit to resume work and, when such medical certificate is demanded and not produced by the employee, the Employer shall not be required to pay the employee her wages for the time away from work.

21.08 Absence due to illness shall be charged to the accumulated sick leave credit reserve credited to the employees concerned until credits are used up. As credits are used up, they may again accumulate to the maximum.

21.09 E.I. Carve Out Plan

Effective on confirmation by the H.R.D.C. Articles 21.02, and 21.04 will no longer have effect, and the sick leave plan as set out above will be modified and provided in accordance with the following:: Pay for sick leave is for the sole and only purpose of protecting employees against loss of income and will be granted to all employees on the following basis:

(a) Absence for injury compensable under the provisions of the Workplace Safety and Insurance Act shall not be charged against sick leave credits.

(b) Employees who have completed the probationary period shall be credited with three (3) days of sick leave and shall then accumulate sick leave credits at the rate of 7.5 hours (1 credit) for each period of 162.5 hours paid, to a maximum of 1 05 hours (14 credits). Providing credits are available, employees will be eligible to claim one hundred percent (100%) of scheduled lost time due to illness for the first two (2) calendar weeks during any one illness.

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(c) The employee shall apply for E.I. sick leave for weeks 3 through 17 of any personal illness or injury. The Employer will top-up these benefits to sixty-six and two thirds ( 66 2/3) percent of straight time wages. In the event the employee does not qualify for E.I. Sick Leave benefits by reason of lack of adequate contributions, she shall receive sixty-six and two thirds (66 2/3) percent of her straight time wages for weeks 3 through 17 of any personal illness or injury but shall not be eligible for benefits under (d) below.

(d) The Employer will pay one hundred percent (100%) of the billed premium for full-time employees for a weekly indemnity plan covering personal illness or injury for weeks eighteen (18) through forty ( 40) of such illness or injury. Payment under weekly indemnity will be sixty six and two thirds (66 2/3) percent of scheduled straight-time wages lost.

(e) Weekly Indemnity plan for new employees to be effective on completion of the probation period. For Weekly Indemnity the premium cost will prorate in accordance with the formula defined elsewhere in the collective agreement and benefits will be provided for scheduled lost time in accordance with the plan policy. Weekly Indemnity cheques shall be mailed directly to the employee's home.

ARTICLE 22- PENSION PLAN

22.01 The Nursing Homes and Related Industries Pension Plan

(a) "Plan" means the Nursing Homes and Related Industries Pension Plan, being a multi-employer plan.

"Applicable Wages" means the basic straight time wages for all hours worked, including:

(i) The straight time component of hours worked on a holiday; (ii) Holiday pay, for the hours not worked; and (iii) Vacation pay.

All other payments, premiums allowances, etc. are excluded.

"Eligible Employees" means full-time and part-time employees in the bargaining unit who have completed nine hundred and seventy-five (975) hours of service.

(b) Each Eligible Employee covered by this Collective Agreement s hall contribute from each pay period an amount equal to four percent (4%) of

39

applicable wages to the Plan. The Employer shall match such contributions, the amount being four percent ( 4%) of applicable wages.

(c) The employee and Employer contributions shall be paid to the Plan within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions were attributable.

(d) The Union acknowledges and agrees that other than making its contributions to the plan as set out in this Article, the Employer shall not be obligated to contribute toward the cost of benefits provided by the Plan or be responsible for providing any such benefits.

The Union and Employer acknowledge and agree that under current pension legislation, and/or regulations, the Employer has no requirement to fund any deficit in the Plan, but is required to contribute only that amount as required by the Collective Agreement in force between the parties.

It is understood and agreed by the Employer and the Union that should the current pension legislation or regulations be changed so that the Employer's obligation to contribute to the Plan exceeds the amounts specified in the Collective Agreement then in force, the parties will meet directly to finalize methods to relieve the Employer of this increased obligation to the extent that any such obligations exceeds that which the Employer would have if the Plan were a defined contribution plan.

(e) The Employer agrees to provide to the Administrator of the Plan on a timely basis all information required to the Pension Benefits Act, R.S.O., 1990, Ch. P8, as amended, which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits.

The information required to be provided by the Employer may be provided by the Employer in the form normally maintained by the Employer, whether on computer disc, manual records or otherwise. In the event such information is not readily available without review of other information not relevant to the Plan, the Plan shall make arrangements with the Employer for access to the required information. This may include the Employer providing such information at reasonable cost to the Plan. If the Administrator and the Employer are unable to agree on the form ofsuch access, a mutually acceptable third party, such as a firm of accountants or auditors, shall be retained at the expense of the Plan to obtain such information from the Employer's files.

Such information shall be provided only on enrolment of an employee or with the monthly remittances.

Any additional information requests beyond that noted above may be provided, if possible, by the Employer, it being understood that any additional costs of such requests shall be borne by the Plan.

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For further specificity, the items required for each eligible employee are:

A. To be Provided Once Only at Plan Commencement Date of Hire Date of Birth Date of First Remittance Seniority List (for purpose of calculations past service credit)

B. To be Provided with Each Remittance Name Social Insurance Number Monthly Remittance Pensionable Earnings

C. To be Provided Once, and if Status Changes Address to be provided to the Home Termination Date when Applicable

D. To be Provided Once if they are Readily Available Gender Marital Status

(f) Where legislation or the plan prohibits an employee from contributing to the pension plan or alternative pension vehicle because of age, the contributions the Employer would otherwise have made will be added to the employee's wage.

ARTICLE 23- WORKERS COMPENSATION

23.01 Where an employee is absent due to illness or injury which is compensable by Workers' Safety and Insurance, the following shall apply:

(a) The employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by Workers' Safety and Insurance.

(b) Provided that the employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on Workers' Safety and Insurance shall be considered as time worked for the purpose of calculating the current year's vacation entitlement under the terms of the Agreement.

23.02 In the case of an absence due to a compensable accident, the employee will be paid at her regular rate of pay for all scheduled hours of the day of the accident.

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23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four ( 4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 13) of this agreement. Where the anticipated absence is Jess than four ( 4) months, the Employer may fill the position at his discretion.

23.04 (a) If a full-time employee returns to work within fifty-two (52) weeks following the commencement of a W.S.I.B. claim, the employee's former permanent position still exists, the employee will be returned to her former job, former shift, if designated, classification and rate of pay. All employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent position.

(b) If an employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim above, she shall be returned to her former job or to work of a comparable nature at the same salary level and without Joss of seniority or benefits accrued in accordance with Article II. (This would be effected by the returning employee displacing the employee with the least seniority in the category to which she is returning).

23.05 If, on the recommendation of the Workers' Safety and Insurance Board or the attending physician, the employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the nursing home in a classification that is covered by this Agreement, then the returning employee may exercise her seniority if he/she has the qualifications, experience, and ability by bumping into the job at the applicable salary level, displacing the employee with the least seniority in the classification.

23.06 Workers' Safety and Insurance Board Challenge

In the event that the Employer challenges a Workers' Safety and Insurance Board claim, an employee who is absent from work as a result of illness or injury sustained at work and who has been awaiting approval of a claim for Workers' Safety and Insurance for a period longer than one (I) complete pay period may apply to the Employer for payment equivalent to the lesser of the benefit she would receive from Workers' Safety and Insurance if her claim was approved, or the benefit to which she would be entitled under this sick leave plan, Article 21. Payment under this Article will only be provided if the employee provides evidence of disability satisfactory to the Employer that any payments will be refunded to the Employer following final determination of the claim by the Workers' Safety and Insurance Board. If the claim for the Workers' Safety and Insurance is not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the sick leave plan, Article 21. Any

42

payment under this provision will continue for a maximum duration equal to that of the weekly indemnity plan.

ARTICLE 24- COMPENSATION

24.01 (a) The Employer agrees to draw up job descriptions for all positions and classifications for which the Union is bargaining agent. These descriptions shall be presented to the Union within thirty (30) days and shall become the recognized job descriptions.

(b) The Employer shall notify the Union of the elimination of any existing classifications at least thirty (3 0) days prior to the elimination of the classification.

(c) When the duties or volume of work in any classification are changed or increased, or where the Union and/or an employee feels she is unfairly or incorrectly classified, or when a position not covered in the Wage Schedule is established during the term of this agreement, the rate of pay shall be subject to negotiations between the Employer and the Union.

(d) New Classification

When a new classification (which is covered by the terms of this Collective Agreement) is established by the Home, the Home shall determine the rate of pay for such new classification and notify the Local Union of the same. If the Local Union challenges the rate, it shall have the right to request a meeting with the Home to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (1 0) days after the receipt of notice from the Home of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that the notice of the new rate was given by the Home. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit, having regard to the requirements of such classification, and shall be retroactive to the date that notice of the new rate was given by the Home.

(e) During the term of this Agreement the Employer and the Union agree that all payment of wages will be made in accordance with

43

the wage rates set forth in Schedule "A" hereto, which schedule is hereby made a part of this Agreement.

ARTICLE 25- MISCELLANEOUS

25.01 Errors on Paycheques

In the event of an error on an employee's pay, the correction will be made in the pay period following the date on which the overpayment comes to the Employer's attention. If the error results in an employee being underpaid by 1 day's pay or more, the Employer will provide payment for the shortfall within three (3) business days from the date it was notified of the error.

25.02 In-service

Where employees are required to attend in-service outside regular hours they will be paid for such time at straight time.

25.03 The Employer shall provide one (1) bulletin board which shall be placed so that all employees shall have access to it and upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees/Union membership.

25.04 Medical certificates required by the Employer or legislation shall be paid for by the Employer.

ARTICLE 26- TERM AND RETROACTIVITY

26.01 This Agreement shall continue in effect until the 31 '' day of October, 2012, and thereafter from year to year unless amended through negotiations.

26.02 Notice of intent to amend this Agreement shall be given by either party to the other in writing within a period of one hundred and twenty (120) days prior to the expiry date and negotiations with respect thereto shall begin within fifteen (15) days after filing notice to bargain for a new amended Collective Agreement.

26.03 (a) The increases to the wages shall be effective the first pay following July 1, 201 0 on a retroactive basis to all employees on staff as of June 30, 2007 for all paid hours of employment. Any employees who have since ceased to be employees shall have a period of sixty (60) days only from the date of the execution of the collective agreement in which to claim from the Employer any adjustment to their remuneration. The Employer shall be responsible to contact in writing (with a copy to the Union Office) at their last known

44

address, employees who have left it employ to advise them of their entitlement to any retroactive wage adjustment.

(b) All retroactive payments are to be made in the form of individually fully itemized cheques to each employee prior to December 25th, 2011. If all cheques are ready prior to ninety (90) days they will be distributed at that time.

(c) On all retroactive payments interest shall be paid at the current bank rate on the total amount of the retroactive payment if not issued within the ninety (90) day period.

26.04 The estate of an employee who dies while in the employ of the Home shall be entitled to receive the balance of any retroactive adjustments due her.

26.05 The Union agrees to prepare the collective agreements. Once proofed and sent out the Employer will sign them within thirty days. The cost will be shared on a 50-50 basis.

DATED at f+,'-"511- C.ggtc.,., Ontario, thisD] day of...ck'--'-L.A-.o.....t-'1 __ _,, 20 J.d.._.

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A.

B.

c.

ADDENDUM TO THE COLLECTIVE AGREEMENT

Between:

CRAIGHOLME NURSING HOME (hereinafter called the "Employer")

OF THE FIRST PART

-and-

THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA, AND ITS LOCAL 302

(CAW-CANADA)

(hereinafter called the "Union)

OF THE SECOND PART

AND IN RELATION TO: PART-TIME BARGAINING UNIT EMPLOYEES

The Employer recognizes the Union as the sole and exclusive bargaining agent of all employees of Craigholme Nursing Home regularly employed for not more than twenty-four hours per week and students employed during the school vacation period save and except supervisors, persons above the rank of supervisor, professional nursing staff and office and clerical staff, as set out in the certificate of the Ontario Labour Relations Board dated May 8, 2000.

The foregoing provisions of the Collective Agreement shall apply except for the following articles which do not apply to part-time employees:

Article 14.02(£)- no "top-up", 14.03, 14.06, Article 16.01 -float holiday & 16.03, Article 19.01 & 19.02, Article 20, Article 21

In lieu of coverage for health and welfare insurance plans and sick time, part-time bargaining unit employees (working twenty-four hours or less

46

per week and students employed during the summer vacation period), shall receive a benefit allowance often percent (10%) per hour.

D. For the purpose of calculating vacation entitlement for part-time bargaining unit employees, all part-time bargaining unit employees shall be paid a percentage of gross earnings vacation pay allowance on each pay, comparable to the vacation pay percentage for full-time bargaining unit employees as noted in Article 15. Vacation entitlement will be determined the same as for full time bargaining unit employees.

E. Vacation pay as noted in Item (D) of this Addendum is in addition to the Benefits Allowance set out in Item (C) of this Addendum.

F. It is mutually agreed that notices within the scope of the bargaining unit of any vacancy occurring as a result of death, retirement, resignation, promotion, demotion or termination of employment or any new jobs created, shall be posted on the bulletin board for a period of seven (7) calendar days. If an emergency exists that may not allow for the above procedure to be followed, the Union Chairperson will be so advised immediately.

G. Where vacancies are posted for positions within the full-time bargaining unit and no applicants within the full-time bargaining unit are considered to be suitable to fill such vacancies consideration will be given to applicants from employees in this bargaining unit to fill such vacancies prior to consideration of persons not employed by the Employer. Where the Employer fills such vacancies from among applicants from this bargaining unit the seniority of such applicants will be observed for such purposes provided the senior applicant possesses the necessary qualifications and ability to perform the work available.

H. Where a bargaining unit employee is absent from work on an approved leave of absence, which includes pregnancy and parental, WSIB and sick leave( s ), for a period greater than six ( 6) weeks, the Employer will post a position upon notification of a leave (s). The part time bargaining unit employees will be given preference according to seniority, over the full time employees. Successful part time candidates will continue to be covered by the part time contract provisions, and will remain in the temporary until it is completed.

I. Hours of Work

(a) The Employer will schedule and call-in employees for all available work rotating in accordance with seniority.

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(b) The Employer will schedule the replacement of all leaves of absence of the full-time bargaining unit rotating in accordance with seniority.

(c) All schedules once posted will not be changed except on a mutually agreed upon basis. Failing mutual agreement, forty­eight ( 48) hours' notice must be given; if not, three and three­quarter (3 %) hours pay at the regular rate will be given.

J. Leaves of Absence

(a) Bereavement Leave

(i) Upon the death of an employee's spouse, child or stepchild, an employee shall be granted leave up to a maximum of five ( 5) days without loss of pay, ending with the day following the day of the funeral.

(ii) Upon the death of an employee's mother, father, step­parents, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, legal guardian, grandparent, grandchildren, son-in-law, or daughter-in-law the employee shall be granted leave up to a maximum of three (3) days without loss of pay, ending the day of the funeral.

(iii) It is agreed that this leave is to apply only where the employee is in attendance at the funeral and pay for such days of absence is limited to the days actually missed from work as per the employee's scheduled working days. If the funeral is not attended, the paid leave shall be limited to two (2) days ending no later than the day of the funeral.

(iv) An employee shall be granted one (1) day bereavement leave without loss of pay to attend the funeral of his or her aunt or uncle, niece or nephew.

(v) An employee will not be eligible to receive payment under the terms of Bereavement Leave for any period in which she is receiving payments for holiday pay.

Note: It is understood that if an employee is on sick leave and attends the funeral that the bereavement leave will not be charged against sick leave accumulated.

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(vi) Where it is necessary because of distance, the employee may be provided up to four (4) days additional unpaid leave.

(vii) When an employee is eligible for Bereavement Leave while on vacation, she shall be entitled to such Bereavement Leave as set out above. The vacation days so replaced shall be extended or rescheduled as mutually agreed.

(viii) An employee can apply to use a paid bereavement day to which she would otherwise be entitled in accordance with this clause for use at a later date to attend an internment or equivalent or equivalent service.

(b) Jury and Witness Duty

If an employee is required to 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 party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the Nursing Home, the employee shall not lose regular pay because of such attendance, provided that the employee:

(i) Notifies the Nursing Home immediately on the employee's notification that she will be required to attend at court;

(ii) Presents poof of service requiring the employee's attendance; and

(iii) Deposits with the Nursing Home the full amount of compensation received; excluding mileage, traveling and meal allowance, and an official receipt thereof.

K. Uniform Allowance

The Employer agrees to pay sixty-one dollars ($61.00) per calendar year uniform allowance to all employees for the purpose, laundering and repair of uniform and duty shoes. Part-time employees must work orie hundred and ten (11 0) hours per year to receive uniform allowance.

The method of uniform allowance payment will cease and a lump sum payment will be made one year after the current method has ceased. Employees working less than one year at the time of the lump sum payment will receive a pro-rated amount consistent with their length of service in the past year. Employees whose employment has terminated

49

L.

will receive the pro-rated accumulation of their uniform allowance at the time of their departure.

(a) The increases to the wages shall be effective the first pay following July 1, 2010 on a retroactive basis to all employees on staff as of June 30, 2007 for all paid hours of employment. Any employees who have since ceased to be employees shall have a period of sixty (60) days only from the date of the execution of the collective agreement in which to claim from the Employer any adjustment to their remuneration. The Employer shall be responsible to contact in writing (with a copy to the Union Office) at their last known address, employees who have left it employ to advise them of their entitlement to any retroactive wage adjustment.

(b) All retroactive payments are to be made in the form of individually fully itemized cheques to each employee within ninety (90) days of December 25, 2011. If all cheques are ready prior to ninety (90) days they will be distributed at that time.

(c) On all retroactive payments interest shall be paid at the current bank rate on the total amount of the retroactive payment if not issued within the ninety (90) day period.

DATED at A ( L--sNM (. , Ontario, thisd.l_ day of---'-M--'-'-A:..._71-/ __ _,, 20 I ::2.. .

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SCHEDULE "A"

Wage Schedule Craigwiel Gardens (Craigholme) CAW

Date 0-45 45-1687 hrs 1687 hours 3374 hours shifts

Classification

Houskeeping, Dietary and 2% July 1, 2010 17.42 17.85 18.30 18.77 Laundry 2% Nov. 1, 2011 17.77 18.21 18.67 19.15

Health Care Aides 2% July 1, 2010 17.63 18.12 18.54 18.98 2% Nov. 1, 2011 17.98 18.48 18.91 19.36

Nurse Aide 2% July 1, 2010 17.48 17.94 18.40 18.83 2% Nov. 1, 2011 17.83 18.30 18.77 19.21

Activity Aide 2% July 1, 2010 17.55 17.99 18.46 18.92 2% Nov. 1, 2011 17.90 18.35 18.83 19.30

Activity Coordinator 2% July 1, 2010 18.30 18.73 19.19 19.66 2% Nov. 1, 2011 18.67 19.10 19.57 20.05

R.P.N. 2% July 1, 2010 22.07 22.59 23.06 23.58 2% Nov. 1, 2011 22.51 23.04 23.52 24.05

Ward Clerk 2% July1,2010 20.00 20.51 21.00 21.53 2% Nov. 1, 2011 20.40 20.92 21.42 21.96

Cook and Maintenance 2% July 1, 2010 17.83 18.27 18.73 19.22 2% Nov. 1, 2011 18.19 18.64 19.10 19.60

Restorative Care Aide 2% July1,2010 18.30 18.73 19.19 19.66 2% Nov. 1, 2011 18.67 19.10 19.57 20.05

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LETTERS OF UNDERSTANDING

Between:

CRAIGHOLME NURSING HOME (hereinafter called the "Employer")

OF THE FIRST PART

-and-

THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA AND ITS LOCAL 302

(CAW-CANADA) (hereinafter called the "Union)

OF THE SECOND PART

CMIREVIEW

The Employer agrees to meet with the Union as part of the Labour/Management process to:

i) Review what the CMI and CMM are, and the potential tremendous impact of these factors on staffing level;

ii) Review the importance of charting and charting results on the CMI and CMM;

iii) Review the annual CMI results and to discuss the implications (if any) of a changed CMI; and

iv) Identify and propose alternative to any actions that the Home may be planning.

It is understood and agreed that nothing in this letter is intended to inhibit any action the Employer may take consistent with the provisions of the Collective Agreement.

It is further understood and agreed, however, that any agreement the parties reach pursuant to this letter, will supersede the provisions of the Collective Agreement.

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ABUSE AND THREATENING BEHAVIOUR

The parties agree that abuse and/or threatening behaviour is not tolerated. Staff are to be given dignity and respect. Abuse or threatening behaviour shaH include, but not be limited to the fo11owing:

Physical abuse, Psychological abuse, Emotional abuse Sexual abuse

In order to provide and maintain an environment free of abuse/threatening behaviour aU residents, family members, volunteers and persons having practising privileges shaH be informed that abuse/threatening behaviour towards staff will not be tolerated.

There will be no backlash or retaliation for the lodging of a complaint or participation in an investigation made in good faith

It is agreed that when the employee is faced with the abovementioned abuse it may be necessary for that employee to leave the threatening situation and notify his/her immediate supervisor who will assess the situation and give further direction. In the event that the abuse is from a resident, it is agreed that no employee will be obligated to work with the resident one-on-one. In the event that a cognitive resident continues with the abuse/threatening behaviour, the staff member shaH be given the opportunity to transfer to a different work area, or be assigned a different resident. The incident will be documented on the resident care plan/ chart with a clear course of action for staff to fo11ow when providing care to the resident, and a copy of the incident wi11 be provided to the Director ofNursing.

If the abuse/threatening behaviour involves a resident the multi-disciplinary team will do a fu11 assessment of the situation and develop a plan of action. In the event that the resident knowingly and willingly continues the abusive behaviour, it wi11 be documented and the Employer wil1 suggest the resident shall be referred to an appropriate facility.

If the abuse/threatening behaviour involves a non-resident, the management team will investigate the complaint and, if warranted, the individual will be put on notice that their behaviour is unacceptable. If the behaviour continues appropriate action will be taken.

HARASSMENT POLICY IN RESPECT OF CAW MEMBERS

1. Policy Harassment is a form of discrimination that is prohibited by the Ontario Human Rights Code and is a contravention of the Code. Harassment, including sexual harassment, is offensive, degrading and threatening. The Employer and the CAW do not tolerate any form of harassment. This

53

letter applies to circumstances in which one bargaining unit member alleges harassment by another bargaining unit member.

2. What is Harassment? For the purpose of this joint policy, harassment is restricted to any grounds prohibited by the Ontario Human Rights Code.

Harassment is defined as a course of vexatious comment or conduct that is known or ought reasonably to be know to be unwelcome. Every person who is a staff member has the right to freedom from harassment in the workplace by the Employer or any other person because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, age, record of offence, martial status, family status, handicap or sexual orientation.

3. Responsibilities In order to provide for and maintain an environment free of harassment, the Employer and the CAW will ensure that:

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*

*

All staff members, volunteers and persons with practicing privileges are informed that harassment, including sexual harassment, in the workplace is an offence under the law.

The Employer and theCA W will jointly investigate all complaints.

* The Employer is available to discuss questions, concerns or complaints related to harassment with the complainant and the CAW.

All staff members have the right to proceed under this policy where applicable without reprisal or threat for having made a complaint in good faith. Harassment may occur as a result of one incident or a series of incidents. The unwelcome comment or conduct does not have to be directed at a specific person for harassment to occur.

The following examples could be considered as harassment but are not meant to cover all potential incidents:

* * * * * * * *

Name calling Racial slurs or jokes Mimicking a person's accent or mannerisms Offensive posters or pictures on paper Repeated sexual remarks Physical contact that could be perceived as degrading Sexual flirtation, advances, propositions Leering

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* *

Comments about a person's sex life Innuendo, gestures or taunting about a person's body, disability, attire or gender

4. Procedure The Employer and the CAW are responsible for:

* * * * * *

advising a complainant when this policy applies; providing education regarding harassment; clarifying options available; identifying and assisting complainants in obtaining counseling; facilitating in the resolution process and informing the complainant of their right to file a formal complaint with the Human Rights Commission, appropriate professional governing bodies, union or charges under the criminal Code.

In addition, the Employer and the CAW will inform the complainant that they have the right to withdraw from any further action in connection with the complaint at any stage. All complaints will be held in strict confidence.

I. All complaints of harassment (or retaliation for having brought forward a complaint of harassment) are to be brought to the attention of the Employer and the CAW. They may be either verbal or in written form.

2. The Employer and the CAW will document the complaint and the individual will be informed of his/her rights.

3. The Employer will bring the matter to the attention of the person responsible for the conduct of harassment and attempt to resolve the matter informally.

4. If the harassment continues to occur, the respondent will be informed in writing of the allegations and a copy of the policy will be included.

5. The respondent and/or delegate will be given an opportunity to respond to the allegations either orally or in writing.

6. An internal resolution will be attempted between the complainant and respondent by the Employer and theCA W.

7. Where the joint investigation results in a finding that the complaint of harassment is substantiated, the outcome of the investigation and any disciplinary action will be recorded in the personnel file of the respondent.

8. The complainant will be informed of the outcome of the joint investigation undertaken by the Employer and theCA W.

9. At the conclusion of this step, the complaint, if unresolved, will be inserted into Step 2 of the grievance procedure for resolution.

10. In the event that the complaint is not resolved by the parties at Step 2 of the grievance procedure, it may be appealed to arbitration in accordance with the provisions of the Collective Agreement.

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11. The parties agree that this procedure is an alternative complaint procedure and, as such, complaints should not be pursued through both the grievance procedure and the Human Rights complaint procedure

VIOLENCE AGAINST WOMEN

The parties hereby recognize and share the concern that women uniquely face situations of violence or abuse in their personal lives that may affect their attendance or performance at work. A woman who is in an abusive or violent personal or domestic situation will not be subjected to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This statement of intent is subject to a standard of good faith on the part of the Employer, the Union and the affected employees and will not be utilized by the Union or the employees to subvert the application of otherwise appropriate disciplinary measures.

CONTRACTING IN

The Employer will not "contract in" during the life of the collective agreement. This letter will expire October 31, 2012.

TRANSFER OF WORK/SALE OF LICENSE

The parties agree that they will not close an existing nursing home and open another in an attempt to avoid the Union during the life of this Agreement.

WORK OF THE BARGAINING UNIT

The parties shall identify the number of working supervisors in each facility, as of December 31, 2000. The Employer agrees that it will not increase the number of working supervisors or the number of bargaining unit shifts the current working supervisors are regularly performing during the life of this Agreement.

FULL-TIME EMPLOYEES WORKING A REDUCED SCHEDULE AND PRO­RATING BENEFITS

It is agreed that full-time employees may choose to work a schedule of 8 or 9 shifts per two week period instead of the normal 10 shifts per two week period. Management will consider employee requests for which shifts are dropped.

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As a result of their choice they agree to have their benefits prorated at the appropriate percentage (80% or 90%). Pro-ration will be applied to vacation days. The employee's portion will be deducted from their pay once per month.

It is understood that prior to April 1st each year an opportunity will be given to adjust or terminate this agreement with the employee.

It is understood that when a full time employee terminates his or her employment their time schedule will be returned to ten (1 0) shifts every two weeks. A new employee applying for this time schedule will be given a choice of a reduced work schedule at that time and then this agreement will be renewed April 1st of each year.

This letter of understanding will remain in effect until October 31'1, 2012 after which time the letter of understanding may be terminated by either party or renewed by mutual agreement of the Employer and the Union.

CHRISTMAS -NEW YEARS SCHEDULING

It is agreed that the scheduling of the time schedule over the Christmas season will be as follows:

1) Employees will work either Christmas or New Years alternating yearly as needed and dependent on the availability of staff. Employees will be scheduled starting with the least senior part time employee.

2) For the time schedule that includes Christmas and New Years ( a four week period) the schedule may not be mastered as usual. This arises from the need to schedule three consecutive days off at Christmas or New Years while attempting to give employees their allotted number of shifts. This may result in employees not being scheduled off every other weekend, or given sixteen (16) hours off between shifts.

Management has agreed to post which shift staff prefer to work if they are scheduled to work either holiday. Preferences will be given based on seniority.

This letter of understanding will remain in effect until October 31'1, 2012 after which time the letter of understanding may be terminated by either party or renewed by mutual agreement of the Employer and the Union.

VACATION SCHEDULING

It is agreed that in scheduling vacations, employees shall be given preference based on seniority, provided their choice of vacation for the six month period, April I" to

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September 301h is indicated prior to February 15th, and for the six month period October

1st to March 31st is indicated prior to August 15th. The employer will review the request and upon availability of staff, post the results by April 15th and September 15th respectively.

Vacation will be granted on the following order: Full time block vacations, part time block vacations, and then full time individual days.

Once vacation requests are posted they must be taken as scheduled. In exceptional circumstances, scheduled vacation can be changed with management approval.

Requests made after March 15th and August 15th will be approved, upon availability of staff, only if they do not conflict with previously scheduled vacation. Those requests will be granted on a first requested, first granted basis.

This letter of understanding will remain in effect until October 31 ", 2012 after which time this letter of understanding may be dissolved by either party or renewed by mutual agreement of the employer and the union.

Part time employees are entitled to eight (8) individual vacation days, including weekends or statutory holidays.

RETURN TO WORK PROGRAM AND WORK REINTEGRATION

The employee acknowledges her obligations and the Employer acknowledges the Employer's obligations regarding an Early and Safe Return to Work and Work Reintegration programs as may be set out under the Workplace Safety and Insurance Act, and the Human Rights Code. The Union agrees that this collective agreement will be interpreted in such a way as to permit those obligations to be discharged.

Each facility will review with the Union at the Labour Management Committee within three (3) months of ratification its Early and Safe Return to Work and Work Reintegration programs for work related injuries.

The Employer agrees that its Early and Safe Return to Work and Work Reintegration programs will include a statement that the Employer will make reasonable effort to provide modified duties.

If, having commenced a modified/light/alternate work program, the employee raises an objection, the Employer will notifY and meet with a member of the Union Committee to consult on the back to work program. Nothing in this language obligates the Employer to establish a modified/light/alternate work program, except as required by law.

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PART-TIME SENIORITY LIST

Further to Article 11.02, the parties agree the effective November 4, 2004, part-time seniority for all non-monetary issues, such as job postings, transfers, demotions, layoffs, assigmnents, layoffs and recall shall be determined by date of hire. The parties further agree that the most senior employee must possess the necessary qualifications and ability to perform the normal requirements of the job.

It is further understood that all part- time employees employed prior to this date of November 1, 2004 shall have their previously accrued hours frozen. In the event that two or more employees are in competition on a job posting, transfer, demotion, assigmnent, lay-off or recall the previously accrued hours must be credited to determine seniority.

HOLIDAY PAY

Effective with the December 25, 2005 statutory holiday, if an employee does not qualifY for holiday pay per article 16, she/he will be paid in accordance with the Employment Standards Act.

Employees who qualified for statutory holiday pay in accordance with the Employment Standards Act and did not receive pay for any statutory holiday during 2005, will be paid retroactive to January 1, 2005.

RECORD OF EMPLOYMENT (ROE)

(a) In completing the Record of Employment the Employer agrees to complete the appropriate blocks including #19 and indicate the start date of the sick leave and weekly amount.

(b) The parties agree that when an employee will be absent from work on a pre-scheduled medical leave, they will receive their Record of Employment (ROE) on their last worked shift, provided the employee provides as much written notice in advance as possible but not less than five (5) working days in advance.

(c) The parties further agree that when an employee is absent from work on sick leave not pre-scheduled, they shall be issued their ROE five (5) days following their last shift worked.

(d) It is understood that an employee otherwise eligible to apply for and receive EI sick leave without the full two week waiting period, shall nonetheless be provided the top-up of benefits from the Employer of EI payments, and the employee shall be entitled, upon the completion of the

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E.l. sick leave coverage, to access the WI plan immediately for a total of eighteen (18) weeks from the commencement of the WI period.

EFFECTIVE ABSENCE

The Employer will meet with the Union locally to discuss employees on leave now who are receiving benefits contrary to the agreement in order to come to a resolution on those persons. The language in the collective agreement will apply as written to leaves that commence after the date of ratification.

E.I. CARVE OUT

The Employers agree that they will enter into a fixed time transitional letter of agreement for a period commencing from the first of the month following the date of ratification to a date 15 months later, during which the Salary Continuation protocol proposed by the Union will be used in cases where an employee has properly applied for E.l. coverage and a period in excess of four weeks has elapsed where no monies have been received. The letters as proposed by the Union will have to be executed in each instance. In no case will the "salary continuance" exceed the amount the employee would otherwise receive on a weekly basis from E.l.

PREFERRED PART TIME POSITIONS

Preferred part time lines are currently developed in the Nursing Department. These are created from shifts that have become available from employees who are prorated and shift may be available. These lines may be affected when full time employees who are prorated return to their master schedule. If staff patterns change other departments will be considered.

WEEKEND WORKER

We agree to post unscheduled available weekend shifts to part time employees prior to scheduling the weekend worker. These employees may notify their Manager that they are willing to work these shifts. The shifts will be awarded on the basis of seniority. The Employer would not be in an overtime situation if this results in more than one weekend in a row being worked. If no one applies for the posted shifts the weekend worker would be scheduled. The weekend worker may be scheduled for more than one weekend in a row. The second and subsequent weekend shifts would not be paid at an overtime rate.

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PAID HOLIDAYS

1) It is agreed that the participating homes identified in Schedule "A" all provide for more holidays than are set out in the Employment Standards Act 2000 (the Act).

2) It is further agreed that these same homes apply qualifiers to determine the entitlement of bargaining unit employees to holiday pay. In some cases these qualifiers apply only to Part-Time employees, and in some cases to both Full-Time and Part-Time employees.

3) It is further agreed that it is possible, when the qualifiers are applied, that the affected employees will not receive the holiday pay to which they are entitled under the Act.

4) Grievances have been filed at Babcock Nursing Centre and at Delhi Nursing Horne (insert grievance references numbers or dates) alleging the Employer has not paid the holiday pay to which employees are entitled.

5) In order to resolve this issue in an amicable manner the parties agree that any dispute regarding the adequacy of the benefits under the collective agreement compared to the benefits under the Act should be resolved on the basis set out in the award of Arbitrator How in Re Zehrs Markets and UFCW Locall75 (2002) 107 LAC (4th) 261. For greater clarity since the comparison between entitlements under the Act and under the collective agreement must be made in an individual basis, the Employer will compare each employee's entitlements at the end of the calendar year or at the time of termination of employment if applicable.

6) Accordingly, all homes set out in Schedule "A" will, commencing in January 2010 determine the amount of holiday pay (in dollars) each employee would have received in 2009 under the Act, using the qualifiers set out in the Act, and calculating holiday pay as set out in the Act. This will be referred to as the "required holiday pay".

7) The results of this calculation will be compared to the actual holiday pay each employee received in the year 2009 using the qualifiers as applied by the Employer as set out in its collective agreement with the Union. This will be referred to as the "actual holiday pay".

8) Where the actual holiday pay received by an employee is greater than the "required holiday pay'' no further action need be taken.

9) Where the actual holiday pay received by an employee is less than the required holiday pay, the employee will receive the difference between those two sums, less deductions required by law.

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qualifying week is a week where the employee is not absent due to vacation, pregnancy-parental leave, WSIB, illness of injury.

3) This settlement is without prejudice to the right of either party to table language on the treatment of part time seniority in any future round of bargaining.

4) For greater clarity, it is not anticipated that any immediate amendment to the current seniority lists will result from these Minutes.

5) The Amended seniority calculations will be applied to the first seniority list posted after the signing of these Minutes.

All of which are hereby signed and agreed to as set out above on this 0 I day of H A:Y , zo.J.GL.

FOR THE EMPLOYER

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