maximum home support_2014

8/2/2019 Maximum Home Support_2014

http://slidepdf.com/reader/full/maximum-home-support2014 1/36

COLLECTIVE AGREEMENTBetween

MAXIMUM HOME SUPPORT SERVICE INC.

And

NEWFOUNDLAND & LABRADOR ASSOCIATIONOF PUBLIC & PRIVATE EMPLOYEES

(Expires: June 30 2014)



-1-

TABLE OF CONTENTS

ARTICLE PAGE

1. Purpose 12. Recognition 13. Management Rights 14. Definitions 15. Union Security 36. No Discrimination 47. Sexual and Personal Harassment 48. Grievance Procedure 49. Arbitration 610. Labour-Management/Occupational Heath Committee 9

11. Severe Weather Conditions 1012. Probation, Discipline and Personnel File 1013. Seniority 1114. Promotion and Staff Changes 1315. Hours of Work 1416. Overtime 1717. Holidays 1818. Annual Leave 1919. Sick Leave 1020. Leave-General 2221. Payment of Wages and Allowances 2522. Strikes and Lockouts 2623. Termination and Layoff 2724. Health and Safety 2825. Duration of Agreement 2926. Existing Benefits 29

Signing Page 30Schedule “A” - Classifications & Wages 31Service Areas 32



-2-ARTICLE 1 PURPOSE

1:01 The purpose of this Agreement is to maintain harmonious and mutuallybeneficial relationships between the Employer, the employees and the

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

ARTICLE 2 RECOGNITION

2:01 The Employer recognizes the Union as the sole and exclusive bargainingagent for all Home Support Workers of the Employer.

2:02 Any unresolved dispute on future inclusions or exclusions in thebargaining unit will be referred by either party to the Labour Relations

Board.

2:03 Work of the Bargaining UnitEmployees not covered by the terms of this agreement shall not performduties normally assigned to employees within the bargaining unit exceptfor the purpose of instruction, experimenting, emergencies or whenregular employees are not readily available, or as may otherwise bemutually agreed by the parties.

2:04 No Other AgreementsNo employees shall be required or permitted to make a written or verbalagreement with the Employer or its representative which may conflict withthe terms of this Agreement.

ARTICLE 3 MANAGEMENT RIGHTS

3:01 The Union recognizes and agrees that the Employer reserves and retainsall the rights, powers and authority to manage its operations and to directits employees, except as specifically abridged or modified by the expressprovisions of this Agreement.

ARTICLE 4 DEFINITIONS

4:01 (a) "Bargaining Unit" means the bargaining unit recognized inaccordance with Article 2.



-3-

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

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

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

(e) "Employer" means Maximum Home Support Service Inc.

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

Agreement.

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

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

(I) "Layoff Notice" means notice in writing which is hand delivered ordelivered by registered or certified mail.

(j) “Vacancy" means any position that the Employer requires to befilled which consists of twenty-five (25) hours or more per week foran anticipated duration of at least sixteen (16) weeks or more asoutlined in Clause 14.01.

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

4:02 Gender

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

4:03 Administration

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



-4-

ARTICLE 5 UNION SECURITY

5:01 (a) Deduction of Union Dues

The Employer shall, as a condition of employment, deduct from thebi-weekly pay of every member of the bargaining unit an amountequal to the regular bi-weekly membership dues of the Union.

(b) Notification of Deductions

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

5:02 Remittance of Union Dues

Deductions shall be forwarded to the President of the Union by onemonthly cheque within a reasonable time after the end of the month inwhich the deductions were made. The cheque shall be accompanied by alist which shows the employee's full name and classification and theamount deducted on the employee's behalf. This list shall also includeany additions and deletions that occurred in the previous month.

5:03* Shop Stewards

The Employer acknowledges the right of the Union to appoint or electShop Stewards on a ratio of 1 - 20. The Union shall notify the Employer inwriting of the name of the Steward before the Employer shall be requiredto recognize him/her.

5:04 Union Leave for Processing Grievances and Complaints

When attending a grievance meeting with the Employer, the time spentshall be without loss of regular earnings for the grievor and one (I) localunion representative. In the case of a group grievance, one (1) employeefrom the group will be entitled to such leave.

5:05 New Members

(a) A representative of the Union shall be given the opportunity tointerview each new employee for a maximum of fifteen (15) minutesfor the purpose of acquainting the employee with the Union and thecollective agreement. These interviews shall be conducted during



-5-regular working hours without loss of pay. The interviews will bescheduled in advance and may be arranged individually orcollectively by the Employer at a mutually agreeable time.

(b) The Employer agrees, that a Union representative shall supply toall new employees a Union card and a list of Local Executive andShop Stewards in the Union.

ARTICLE 6 NO DISCRIMINATION

6:01* The Employer agrees that there shall be no discrimination with effect toany employee in the matter of hiring wage rates, training, upgrading,promotion, transfer, layoff, recall, discipline, classification, discharge,

assignment of work, or otherwise as per the Newfoundland and LabradorHuman Rights Code.

ARTICLE 7 SEXUAL AND PERSONAL HARASSMENT

7:01 The Employer and the Union recognize the right of employees to work inan environment free from harassment as defined in the Newfoundland andLabrador Human Rights Code. The Employer shall undertake toinvestigate alleged occurrences of harassment with all possible dispatch.

ARTICLE 8 GRIEVANCE PROCEDURE

8:01 Definition

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

8:02 Complaint Stage (Verbal)

It is the mutual desire of the parties to this Agreement that differencesshall be resolved as quickly as possible. It is understood that bothemployee and union policy grievances must be discussed at the complaintstage prior to becoming a valid grievance. An employee has no grievanceuntil the employee has first submitted his/her complaint to the Shop



-6-Steward and said Steward considers the complaint to be justified and untilthe employee has given his/her immediate supervisor the opportunity toresolve the complaint. The Union has no grievance until the complainthas first been discussed with the Executive Director.

Such complaints shall be discussed with the immediate supervisor or theExecutive Director within seven (7) calendar days after the circumstancesgiving rise to the complaint occurred or after such circumstances oughtreasonably to have come to the attention of the employee or the union.The Employer shall provide a response to the complaint within seven (7)calendar days of the discussion.

Step 1 (Written)

Failing settlement at the complaint stage, the employee may submit a

formal grievance, in writing, signed by both the grievor and the ShopSteward, to the immediate supervisor within seven (7) calendar days ofthe response at the complaint stage. Such grievance shall state the natureof the grievance, the remedy sought and the provisions of the Agreementwhich are allegedly violated. The supervisor shall reply to the grievance inwriting no later than seven (7) calendar days from the time the grievancewas submitted to him/her.

Step 2

Failing settlement at Step 1, the grievor, through their Shop Steward, maysubmit the grievance within seven (7) calendar days from the reply at Step1 to the Agency Director. The Agency Director or designate shall meetwith the Shop Steward and the grievor in an effort to settle the grievance.The Agency Director or designate shall reply to the grievance no later thanten (10) calendar days from the time the grievance was submitted tohim/her.

Step 3

Failing satisfactory settlement at Step 2, either party may, within seven (7)days of the Agency Director decision at Step 2, submit the matter tointernal mediation to see if a settlement can be reached.

Step 4

Failing settlement at Step 3, either party may refer the grievance toarbitration within twenty (20) calendar days of the Step 3 decision.

8:03 Union Representation



-7-

The employee may be represented by a full time representative of theUnion at any formal Step of the Grievance Procedure (excluding thecomplaint stage).

8:04 Time Limits

The time limits specified in this Article may be extended in writing bymutual agreement of the parties.

8:05 Suspension or Discharge Grievance

A grievance by an employee who has completed his/her probationaryperiod claiming that she has been unjustly discharged or suspended maybe submitted directly to the Agency Director at Step 2 of the Grievance

Procedure. Such grievance must be received by the Agency Directorwithin seven (7) calendar days of the date of notification of the suspensionor discharge.

8:06 Policy and Group Grievances

(a) Policy Grievance

Where a grievance is initiated by either the Union or the Employer,the procedure shall start with the Agency Director at Step 2 ofClause 8.02.

(b) Group Grievance

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

8:07 Technical Objections to Grievances

No grievance shall be defeated or denied by a technical objectionoccasioned by a clerical, typographical or similar technical error, or by theinadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION



-8-9:01 If either party, following the exercise of the Grievance Procedure, wishes

to submit a matter to arbitration, it shall give the other party written noticeof its intention. All grievances referred to arbitration shall be submitted toa single Arbitrator. The parties will attempt to select the Arbitrator within

thirty (30) days of notice from the panel of Arbitrators provided by theNewfoundland and Labrador Labour Management Committee. Failingagreement, either party may apply to the Minister of Human Resources,Labour and Employment who shall have the power to affect suchArbitration Board. Notice is to be given, in writing, within fourteen (14)calendar days. Should notice fail to be given it shall be deemed fatal tothe grievance.

9:02 After the Arbitrator or Arbitration Board, as the case may be, has beenappointed by the foregoing procedure, he/she or it shall endeavour toconvene a meeting as soon as possible with both parties present, to deal

with the matters in dispute. After hearing the evidence of both parties, theArbitrator or Arbitration Board, as the case may be, shall endeavour torender a decision as soon as possible following such meeting.

9.03 Decision of the Board

The decision of the majority shall be the decision of the Board. Wherethere is no majority decision, the decision of the Chairperson shall be thedecision of the Board. The decision of the Board of Arbitration shall befinal, binding and enforceable on all parties. The Board of Arbitration shallnot have the power to make any decision inconsistent with the provisionsof this Agreement or to change, alter, modify or amend any of itsprovisions.

9.04 Expenses of the Board

Each party shall pay:

(i) the fees and expenses of the its nominee, its representatives andits witnesses; and

(ii) one-half (½) of the fees and expenses of the Chairperson.

9.05 Amending of Time Limits

The time limits fixed in both the grievance and arbitration procedure maybe extended by mutual agreement between the parties.

9:06 Witness



-9-At any stage of the Grievance or Arbitration procedure, the parties mayhave the assistance of any employee(s) concerned as witnesses or anyother witnesses. Employees attending as witnesses will be granted timeoff work with pay and without loss of seniority or benefits of the Collective

Agreement.

9.07* Expedited Arbitration

Subject to agreement of both parties, a form of expedited arbitration 1 or 2may be used following Step 2 of the Grievance Procedure. Theparticulars are as follows:

Expedited 1

(i) In any dispute of interpretation or application of the collective agreement,the parties agree to submit a written brief only detailing the arguments ofthe respective parties to a single arbitrator within fifteen (15) calendardays of the written response of the Employer in Step 2 of the GrievanceProcedure.

(ii) The single arbitrator must be agreed to by both parties within seven (7)calendar days of the Employer’s written response and the appointedarbitrator must be willing to render a verbal decision within two (2)calendar days following receipt of the written brief from each party

Decisions will be non precedential and without prejudice for anysubsequent grievance of a similar nature.

Expedited 2

(i) In any dispute of interpretation or application of the collectiveagreement, the parties agree to submit a written brief and presentoral arguments to a single arbitrator within twenty (20) calendardays of the written response of the Employer in Step 2 of thegrievance procedure.

(ii) The single arbitrator must be agreed to by both parties within seven

(iii) (7) calendar days of the Employer’s written response and theappointed arbitrator must be willing to render a decision within ten(10) calendar days following presentation of written briefs an oralarguments of each party. A written decision is required.



-10-(iv) The single arbitrator may, for the purpose of their clarification,

request the appearance of witnesses for questioning at the time ofthe hearing or during the decision period when an additionalmeeting may be convened by the arbitrator.

Both parties retain access to the complete arbitration process asdescribed in Article 12 of the collective agreement where they donot wish to implement expedited arbitration 1 or 2.

Decisions of the arbitrator will be binding on both parties within theguidelines of the Newfoundland Labor Relations Act.

Cost will be shared on a 50/50 basis.

ARTICLE 10 LABOUR-MANAGEMENT/OCCUPATIONAL HEALTH COMMITTEE

10:01 Labour-Management Committee

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

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

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

10:02 These meetings shall not supersede with the activities of any otherCommittee of the Union or of the Employer and shall not bind either theUnion or its members or the Employer to any decisions or conclusionsreached during discussions.

10:03 Occupational Health Committee

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



-11-Recognizing its responsibilities under the Act, the Employer agrees toaccept as a member of its Occupational Health Committee, one (1)bargaining unit representative selected or appointed by the Union.

Such committee shall promote safety and sanitary practices within theworkplace.

ARTICLE 11 SEVERE WEATHER CONDITIONS

11.01*During severe weather conditions or a declared state of emergency, theEmployer shall determine whether or not operations will be suspended ina particular area or community. Should the Employer suspend operations,the Employees shall be paid for scheduled hours missed to a maximum of

three (3) hours.

ARTICLE 12 PROBATION, DISCIPLINE AND PERSONNEL FILE

12:01 Probationary Period

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

12.02*Discipline

(a) Notification

The Employer has the right to discipline and discharge employeesfor just cause. However, any employee who has completed theprobationary period and claims to have been unjustly disciplined,discharged or suspended shall be provided with written notificationwithin seven (7) calendar days of the occurrence or discovery of thematter giving rise to the discipline, discharge ro suspension.

(b) Right to Representation

Where an employee is required to attend a meeting with theEmployer to be discharged, suspended or given a written warning,or to discuss a matter for which some level of written discipline isbeing considered, the Employer shall advise the employee that shehas a right to be accompanied by a Shop Steward. The employee



-12-will be informed of the nature of the meeting and be given as muchadvance notice as possible. It is the responsibility of the employeeto inform her Shop Steward.

(c) Justice and Dignity

Where an employee is suspended as part of an ongoinginvestigation conducted by the Employer, the employee shall becompensated for time lost to a maximum of three (3) shifts. Furtherand remaining negotiated compensation will only be paid if theallegations are determined to be false.

(d) Criminal or Legal Liability

The Employer shall defend, negotiate or settle civil and/or criminal

claims, suits or prosecutions arising out of acts performed by anemployee in the course of his/her duties, provided that theEmployer is satisfied that the employee performed duties asrequired by the Employer. This does not apply where the employeehas been justly disciplined for willful act or omission leading to acriminal charge. No compensation shall be paid for legal counselnot pre-approved by the Employer.

12:03 Personnel Files

Upon request and after giving reasonable notice, an employee shall beallowed to inspect her personnel file in the presence of a representative ofthe Employer and be provided with a copy of any document containedtherein.

In the event that an employee is disciplined, the records of suchdisciplinary action shall be removed from the personnel file of theemployee twelve (12) months following the receipt of such discipline,provided there has not been a recurrence of a similar incident during thatperiod. It shall be the responsibility of the employee to see that suchdocuments are removed.

No document shall be used in disciplinary proceedings against anemployee unless such document has been brought to the attention of theemployee at the time it was placed on the employee's personnel file.

ARTICLE 13 SENIORITY



-13-13:01 Seniority Defined

(a) Subject to Clause 13:04, seniority for all employees shall bedetermined by the employee’s last date of hire with the Maximum

Home Support Services

(b) It is recognized that nineteen hundred and fifty (1950) hours equalsone (1) year of service. The parties agree that regardless of theactual number of hours paid in any calendar year, the maximumnumber of seniority hours credited to an employee will be twothousand and eighty (2080) hours per calendar year.

(c) Seniority shall operate on a bargaining unit wide basis.

13:02 Seniority List

The Employer shall maintain a seniority list for all employees. An up-to-date seniority list shall be sent to the Union and posted in January of eachyear. The seniority list for all employees shall show, subject to Clause13:04, the date of hire and the hours of service for each employee.

13:03 Probation for Newly Hired Employees

After the completion of the probationary period as specified in Article 12,employees shall be credited with seniority for all paid hours accumulatedduring the probationary, and seniority shall be effective from the originaldate of hire with the Employer.

13.04 Loss of Seniority

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

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

(b) resigns in writing;

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



-14-(d) is laid off for a period longer than eighteen (18) months.

13.05 Transfers and Seniority Outside Bargaining Unit

No employee shall be transferred to a position outside the bargaining unitwithout her consent. If an employee is transferred to a position outsidethe bargaining unit, she shall retain her seniority accumulated up to thedate of leaving the unit, but will not accumulate any further seniority whileoutside the unit.

ARTICLE 14 PROMOTION AND STAFF CHANGES

14.01 Transfers and Promotions

(a) For the purpose of this Article, a vacancy is created in each of the

following circumstances:

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

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

(iii) The creation of a new permanent position within thebargaining unit.

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

(b) Where the Employer determines that a vacancy exists within thebargaining unit, or when a new permanent position is created withinthe bargaining unit, and the Employer determines that the positionis to be filled, the Employer shall fill the vacancy in accordance withthe procedure outline in Clause 14.02.

14:02 Procedure for Filling Vacancies

(a) In order to respond to immediate client needs, the Employer may appointan existing employee or hire a temporary employee to fill thevacancy on a temporary basis until the job posting and transferprocess is completed.



-15-(b) The Employer shall post in the Office a notice of all vacancies for a

period of seven (7) calendar days and will, at the same time,provide a copy of this notice to the Union Executive and ShopStewards.

(c) In filling such vacancy referred to in clause 14:02 (b), the employershall give preference to the applicant with the most seniorityprovided the employee is qualified and able to meet the Employer’sstandards.

(d) If the transfer of an existing employee into the vacancy results inthe employee having to cease providing care to one or more of herexisting clients, such transfer will not be implemented until areplacement has been assigned to the employee's former clients.

(e) An employee on the transfer list who refuses a transfer to avacancy within their District, without providing a reason satisfactoryto the Employer, shall be placed on the bottom of the transfer listfor her District for a period of six (6) months from that date.

(f) Should the Employer be unable to fill the vacancy from within thebargaining unit, the Employer may hire from outside the bargainingunit.

(g) Where possible, appointments from within the bargaining unit shallbe made within four (4) weeks of the vacancy.

(h) Upon written request, an employee on the transfer list who was notselected for a vacancy will be informed of the name of the selectedemployee and the reason why she was unsuccessful.

14.03 Trial Period

The successful applicant shall be placed on a trial period of two (2)months. Conditional on satisfactory service, the Employer shall confirmthe employee's appointment after the period of two (2) months. If duringthe trial period the employee proves unsatisfactory, as assessed by theEmployer, or if the employee is unable to perform the duties of the new jobclassification, she shall be returned to her former position and wage orsalary rate without loss of seniority. Any other employee promoted,transferred or hired because of the re-arrangement of positions shall alsobe returned to her former position or status and wage or salary rate,without loss of seniority. The parties may mutually agree in writing toextend the trial period. Where the Employer and the Union agree, the



-16-employee may revert to his/her former position prior to the completion ofthe trial period.

ARTICLE 15 HOURS OF WORK

15.01* Hours of Work

(a) The normal hours of work Home Support Workers shall be up toforty (40) hours per week.

(b) Employees who work less than forty (40) hours per week and whowish to work additional hours shall advise the Employer, in writing,of the time when they are available.

(c) Client/Employee Incompatibility

In situations where the compatibility between the client andemployee is brought into question, the Employer and the employeewill meet to discuss the cause of the incompatibility and to identify,if necessary, the availability of alternate work. Where there is adisagreement between the Employer and the employee regardingthe resolution of the incompatibility, the union will be notified. TheEmployer will endeavour to provide the employee with similar workand the employee shall accept such work when offered. In theevent that alternate work is not immediately available, theemployee shall be placed, relative to her seniority, within the recalllist.

(d) Each employee shall advise the Employer, in writing, of thedistrict(s) in which he/she is prepared to work and the maximumnumber of ours per week he/she is prepared to accept. Employeesmay change either the district(s) or the number of hours at any timeby giving the Employer, in writing, two (2) weeks advance notice.

(e) Loss of Hours/Employment

In the event an employee suffers a partial or total reduction in hoursdue to a client/employee incompatibility, client hospitalization, deathor incarceration, or any other event beyond the control of theemployee and/or Employer, the Employer shall endeavour toprovide the employee with similar type and hours of work and theemployee shall accept such work when offered. In the event thatalternate work is not immediately available, the employee shall be



-17-placed on a recall list relative to his/her seniority and offered hoursto replace those lost due to the above events.

15:02* Scheduling of Work

(a) Maximizing Hours

(i) The Employer shall make every reasonable effort toschedule Home Support workers up to forty (40) hours perweek in accordance with the employee's commitment andavailability and the availability of work.

(ii) In accordance with Article 15, Clause 15:01 (b) HomeSupport Workers who work less than forty (40) hours perweek shall be scheduled up to forty (40) hours per week as

hours become available in their District, based on seniority,provided that the employee is qualified and able to meet theClient’s needs. No employee will be scheduled for less thantwo (2) hours.

(iii) Home Support Workers who are offered additional hours inthe Community that they work in, up to forty (40) hours perweek, are expected to accept such hours. An employee whorefuses additional hours three (3) times within a twelve (12)month period without providing a satisfactory reason to theEmployer, shall be placed at the bottom of the seniority listand may not be offered additional hours for six (6) monthsfrom the last date of refusal.

(b) Scheduling of Work

(i) An employee will be advised of his/her schedule bytelephone. This schedule may be adjusted as determined byoperational requirements dictated by client’s care needs.

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

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



-18-

(iv) An employee shall not be scheduled to work more thanseven (7) consecutive days without days off except bymutual agreement of the employee and the Employer.

Where possible, at least two consecutive days off shall bescheduled unless single days off are arranged by mutualagreement between the employee and the Employer.

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

(vi) The Employer shall provide eight (8) consecutive hours ofwork in each unbroken twenty-four (24) hour period, unlessthe employee and the Employer mutually agree otherwise.

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

(viii) Employees are not obligated to accept shifts of less thanthree (3) hours in duration, with the exception of staffmeetings, attendance at investigations, training.

(ix) An employee arriving to work a shift that has been cancelledwithout his/her being notified of the cancellation will be paidfor all scheduled hours in the shift or three (3) hours at theregular rate of pay, whichever is less.

15.03 Standby Pay

An employee who is required to be available for duty on stand by on theweekend shall be paid fifty ($50) dollars for each full weekend of standbyduty. It is understood that a weekend normally includes the period from5:00 p.m. Friday to 8:00 a.m. Monday but may include an extra day if aday designated as a holiday immediately precedes or follows theweekend.

ARTICLE 16 OVERTIME



-19-

16:01* (a) Overtime

All time worked by an employee in excess of forty (40) hours in a

week shall be considered overtime. All overtime is subject to theprior approval of the Employer.

(b) Meal Allowance

In the event an employee’s scheduled shift is extended(unexpectedly) beyond thirteen (13) hours, the employee will beprovided with a meal allowance of ten dollars ($10.00). In the eventan employee’s scheduled shift is extended beyond thirteen (13)hours, and the employee is advised of such an extension inadvance, he/she will be expected to provide their own lunch.

16:02 Overtime Rate

(a) All overtime hours worked shall be compensated at the rate of oneand one half (1.5) times the employee's regular rate of pay.

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

16.03 Distribution of Overtime

The Employer will endeavour to distribute overtime equitably amongstemployees who share responsibilities in a client's household and amongstemployees in a community, provided that the employees are available andwilling to work.

16.04 Double Shift

An employee shall not be required to work a double (2) shift without his/ her consent.



-20-

ARTICLE 17 HOLIDAYS

17:01* Holiday Pay

(a) The following paid holidays shall be provided:

1. New Year’s Day 2. Good Friday 3. Victoria Day 4. Canada Day 5. Labour Day 6. Thanksgiving Day

7. Remembrance Day 8. Christmas Day

(b) Employees who are required to work on a statutory holiday shall bepaid double time for all hours worked.

17:02 Christmas and New Year's

The Employer agrees that whenever possible, an employee scheduled towork on Christmas Day shall not be scheduled to work on New Year'sDay, and an employee scheduled to work on New Year's Day shall not bescheduled to work on Christmas Day unless otherwise mutually agreedbetween the employee and the Employer.

The Employer agrees that whenever possible, employees who workChristmas of one year shall have Christmas off the following year, andemployees who work New Year's of one year shall have New Year's offthe following year unless otherwise mutually agreed between theemployee and her immediate supervisor.

ARTICLE 18 ANNUAL LEAVE

18:01*Vacation Entitlement

An employee shall be entitled to vacation pay as follows:



-21-(i) After the completion of five (5) days of service, but less than five (5)

years of service - at the rate of four percent (4%) of all regularhours paid;

(ii) Each year after completion of five (5) years of service but less thanten (10) years of service - at the rate of six percent (6%) of allregular hours paid.

(iii) Each year after the completion of ten (10) years of service - at therate of eight percent (8%) of all regular hours paid.

18.02 Vacation Pay

(a) The vacation year is from January 1 to December 31.

(b) Each vacation year, the employee shall have the option of havingher vacation pay included on her regular bi-weekly pay cheque orbanking these amounts to be paid out during a subsequent unpaidvacation leave. Employees who elect to bank their vacation pay inany vacation year must inform the Employer of this election no laterthan December 15th of the previous year. This election, once made,cannot be changed within the vacation year.

(c) Banked vacation pay will be paid by separate cheque at thecommencement of the employee's scheduled vacation leave,provided that the employee requests such payment at leastfourteen (14) days in advance of the scheduled leave. Any vacationpay that is not paid out during the vacation year in which it isearned, may be carried forward to the following vacation year to amaximum of one (1) year's entitlement. Any vacation entitlementwhich cannot be carried forward will be paid out at the end of thevacation year.

18.03 Unpaid Vacation Leave

(a) Subject to Clause 18:02, the Employer will make all reasonableefforts to grant employees two (2) consecutive weeks off eachcalendar year for the purpose of vacation. Provided that theemployee provides at least thirty (30) days notice of her request,every reasonable effort will be made to grant the employee theleave of absence for vacation at the time requested. Requests forvacation during the months of June to August must be submitted tothe Employer no later than April 15th.



-22-(b) It is understood that when an employee requests and is granted

unpaid vacation in blocks of less than two (2) consecutive weeks,these vacation days will be deducted from the employee’s two (2)weeks entitlement.

(c) Where operational requirements necessitate placing a restriction onthe number of employees on leave of absence for vacation at anyone time, preference shall be given to employees with the mostseniority.

(d) Nevertheless, such holidays may be granted at the discretion of theAgency Director because of unusual circumstances and changingoperational requirements.

ARTICLE 19 SICK LEAVE

19:01 Sick Leave Defined

Sick leave means a period of time that an employee has been permitted tobe absent from work by virtue of being sick, disabled or quarantined.

19:02* Sick Leave Entitlement

(a) For the purpose of this Article a day of sick leave will mean thenormal scheduled hours up to a maximum of eight (8) hours perday.

(b) Effective the date of signing, employees who have completed one(1) year of service (minimum 1950 hours) shall be eligible for thirtytwo (32) hours of paid sick leave for that calendar year provided theemployee has worked eight hundred (800) hours in the previouscalendar year.

(c) The maximum number of hours of sick leave which may beawarded to an employee during any consecutive five (5) yearperiod shall not exceed one hundred and sixty (160) hours.

19.03* Notification

(a) The employee shall provide his/her immediate supervisor aminimum of four (4) hours notice if he/she is unable to report towork because of illness or injury.



-23-

(b) The employee shall inform her immediate supervisor in advance ofthe date of her return to work.

(c) Medical certificates may be required for all sick leave absences inexcess of two (2) consecutive shifts or in excess of five (5) shifts inany twelve (12) month period.

(d) For the purpose of obtaining medical certificates, an employee shallhave the option of being attended by a doctor of her choice andunder no circumstances will an employee be penalized in any wayby the Employer for exercising her option of being attended by herpersonal physician.

19:04 Injury on Duty

An employee who is injured during working hours and is either required toleave for medical treatment or sent home because of such injury shallreceive payment for the remainder of the employee's scheduled work dayat her regular hourly rate. On return to work the employee will be requiredto provide a medical certificate from a qualified medical practitionerindicating that she received treatment for the injury.

ARTICLE 20 LEAVE - GENERAL

20:01 Leave for Negotiations

Unpaid leave shall be granted to a number up to three (3) employees, whoare members of the Union’s Negotiating Committee, while attendingnegotiations with the Employer.

20:02 Leave Without Pay for Union Business

(a) Where operational requirements permit, and provided at leastfourteen (14) days written notice has been provided to theEmployer in advance, the Employer may grant leave of absencewithout pay and without loss of seniority for a period of one (1) yearfor an employee selected for a full time position with the Union. Theperiod of leave of absence may be renewed upon request.Employees will not accrue any service or benefits, except seniority,during such an absence.



-24-(b) Where operational requirements permit, and on reasonable notice,

the Employer may grant leave of absence without pay and withoutloss of seniority to employees to attend union workshops,conferences or other union business.

20:03 Bereavement Leave

(a) Immediate Family

If a death occurs in the immediate family of an employee, theemployee shall be granted three (3) consecutive days leave ofabsence immediately following the death. If the employee isscheduled to work within this three (3) consecutive day period theemployee shall be paid for all scheduled hours to a maximum offourteen (14) hours. Immediate family is defined as a spouse or

common-law-spouse, child, grandchild, mother, father, brother,sister, grandparent, mother-in-law, father-in-law, sister-in-law,brother-in-law, son-in-law or daughter-in-law of the employee.

(b) Leave to Attend Funeral

Employees are entitled to bereavement leave without pay for one(1) day to attend the funeral of an employee’s aunt, uncle, niece or nephew.

20.04 Maternity Leave and Parental Leave

(a) Maternity and Parental leave will be granted in accordance with theLabour Standards Act unless otherwise amended herein.

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

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



-25-(d) The maximum leave allowed under this clause shall be seventeen

(17) weeks for maternity leave and thirty-five (35) weeks forparental leave for a combined maximum of fifty-two (52) weeks intotal.

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

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

(g) Subject to Clause 19.02, an employee who, before commencing

maternity leave, becomes ill as a result of or relating to herpregnancy shall be entitled to sick leave upon production of medicalcertification satisfactory to the Employer.

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

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

20:05 Adoption Leave

(a) In accordance with the Labour Standards Act, an employee wholegally adopts a child shall, subject to the approval of the Employer,be granted special leave without pay for a maximum of fifty-two (52)calendar weeks. Where possible, the employee shall give theEmployer at least two (2) weeks notice of the date the leave is tobegin and shall provide proof of adoption.

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

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



-26-(d) While on adoption leave, employees shall not earn any benefits of

this Agreement, except seniority.

20.06 Paid Jury, Court Witness or Jury Selection Leave

The Employer shall grant leave of absence without loss of pay, seniority,or accumulative benefits to an employee who is summoned for juryservice, or serves as a juror, or who is subpoenaed to attend upon a courtas a witness in a court proceeding. The employee will present proof ofsuch attendance.

20.07 General Leave

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

circumstances.

20:08 Education Leave

An employee who is upgrading her employment qualifications through anEmployer approved upgrading course shall be entitled to leave of absencewith two (2) hours pay to write examinations required by such course.

20:09 Extended Unpaid Leave

Upon written request, an employee who has completed two (2) years ofservice shall be granted leave to a maximum of twelve (12) monthswithout pay or seniority and without loss of accumulated seniority andbenefits provided that such leave shall not cause an unreasonableinterference with the Employer's operation. An employee shall be entitledup to a maximum of twelve (12) months unpaid leave for each two (2)years of service with the understanding that no employee can have morethan twelve (12) consecutive months of unpaid leave at any one time.Employees shall not be subject to any benefits of this Agreement duringthis period. The minimum amount of unpaid leave an employee mayrequest under this Clause is sixteen (16) weeks.

20:10 Family Leave

(a) Subject to Clause 20:10 (b), an employee shall be granted five (5)family leave days without pay, in any calendar year, to:

(i) attend to the temporary care of a sick family member living inthe same household;



-27-(ii) attend meetings with school authorities concerning a

dependent child;

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

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

(b) In order to qualify for family leave, the employee shall:

(i) provide as much notice to the Employer as reasonablypossible;

(ii) provide to the Employer valid reason why such leave isrequired; and

(iii) where appropriate, and in particular with respect to (ii) and(iv) of 20.10 (a), have endeavoured to a reasonable extentto schedule such events during off duty hours.

ARTICLE 21 PAYMENT OF WAGES AND ALLOWANCES

21:01* Classification and Wages

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

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

(c) Employees shall be provided, upon request, with a T2200Declaration of Conditions of employment Form.

21.02 Salary Payment

(a) Employees will be paid by online Direct-Deposit directly into theirbank account. This deposit will be made every second Wednesdayafternoon to take affect that same Wednesday night at twelvemidnight. Employees shall be provided with an itemized statementof his/her wages, overtime and all payroll deductions.



-28-

(b) Employees will be responsible for the safe keeping of their paystubs and their personal record keeping regarding their salaryhistory.

21:03* Transportation Allowance

When, in the course of his/her duty, an employee is required to travel onthe Employer’s business as required by the Employer, the employee shallbe reimbursed at the rate of thirty-one and one half (31.5) cents perkilometer for all kilometers in which Maximum Home Support ServicesAgency receives reimbursement from the Department of Health andCommunity Services. The rate shall be adjusted according to theDepartment of Health and Community Services.

ARTICLE 22 STRIKES AND LOCKOUTS

22:01 The Union agrees that during the life of this Agreement, there shall be nostrikes, suspensions or slowdown of work, picketing by members of theUnion on the premises of the Employer or any other interference with theEmployer's business. The Employer agrees that there shall be no lockoutduring the term of this Agreement.

ARTICLE 23 TERMINATION AND LAYOFF

23:01 Notice of Termination

(a) The Employer agrees to give employees two (2) weeks notice oflayoff or termination, in writing, excluding disciplinary termination.

(b) The employee shall give the Employer two (2) weeks notice, inwriting, to terminate her employment.

23.02 Definition of Layoff

Layoff is defined as a permanent discontinuance or suspension of all orpart of the Employer's business. It is understood that a periodic reduction



-29-in scheduled hours of work due to temporary or intermittent shortages ofwork does not constitute a lay off.

23.03 Loss of Hours

When an employee loses hours of work due to the loss of a client orclients, the Employer shall make a reasonable effort to replace thosehours based on seniority in accordance with Clause 15.02(a).

23:04 Layoff and Recall Procedure

(a) Employees shall be laid off in reverse order of seniority by Districtprovided that the employees remaining are available and arequalified and able to meet the clients needs.

(b) Employees shall be recalled in order of seniority by Districtprovided that the employees recalled are available and are qualifiedand able to meet the clients needs.

(c) It is the responsibility of the employee to keep the Employerinformed of her current address and telephone number.

23:05 No New Employees

(a) No new employees shall be hired until employees who are on layoffstatus or under notice of layoff are recalled and all employeesworking less than forty (40) hours per week are offered any extrahours.

(b) Clause 23.05(a) shall not apply where the new employeesauthorized period of employment expires prior to the effective dateof layoff for the employee on layoff notice.

ARTICLE 24 HEALTH AND SAFETY

24:01 Workers’ Compensation

(a) Eligible employees, as defined by the legislation, shall be coveredby the Workers' Compensation Act. Employees must report allinjuries in accordance with the Act.

(b) The Employer and the Union shall make every reasonable effort tohave an employee who is on Workers' Compensation return to herformer duties, and if the Workers' Compensation Commissiondetermines that the employee cannot perform her former duties, toanother work assignment within the bargaining unit.



-30-

(c) Employees in receipt of Workers' Compensation benefits shall notearn benefits of this Agreement except they will not have theirseniority date changed.

24:02 Clothing Benefits

The Employer shall ensure the supply of disposable gloves, without costto the employee, for the personal care of the client. Should the Employerrequire employees to wear greens, aprons or any other items of clothing,the cost shall be borne by the Employer.

24:03 On-the-Job Training

The Employer shall put in place a training program for all staff.

Employees required by the Employer to participate in on-the-job trainingon a client’s home shall be considered to have worked for all hours spentin such training.

24:04* First Aid Re-Certification

An Employee is responsible to have or to obtain a First-Aid/CPRCertificate upon employment. Employees who have accumulated 3900hours of service since their last date of hire will be reimbursed for theamount of the cost of their First-Aid/CPR Re-Certification. It is theresponsibility of the Employee to be Re-Certified. To obtainreimbursement, the Training Facility must be recognized and approved bythe Employer. The Employee must submit the original paid-in-full receiptfor the First-Aid/CPR Re-Certification and a copy of the new three-yearFirst-Aid/CPR Certificate.

24:05* (a) Vaccinations

The Employer shall pay the cost of any post hire vaccinations thatare identified by applicable health authority as being required by theemployee, because of a client’s chronic medical condition.

(b) Employee Safety

Where the Employer determines that an employee may be at risk inattending to her duties, the employer shall take immediate action toremedy the situation.



-31-

ARTICLE 25 DURATION OF AGREEMENT

25:01* Duration

(a) This Agreement shall be in full force and effect from the date ofsigning up to and including June 30, 2014.

(b) This Agreement shall remain in full force and effect duringnegotiations for a revision or renewal of the terms of theAgreement, and until such time as it is replaced by a new or revisedCollective Agreement.

25:02 Any provision of this Agreement, other than the duration of Agreement,

may be amended in writing by mutual consent and such amendment(s)shall form part of this Agreement.

ARTICLE 26 EXISTING BENEFITS

26:01 The parties agree that all existing benefits enjoyed by employees of thebargaining unit, which are not either included in this agreement or aregreater than those provided for in this agreement, shall be maintainedduring the life of the agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THISAGREEMENT THIS DAY OF , 2010.

SIGNED ON BEHALF OF MAXIMUM HOME SUPPORT SERVICE INC:



-32-

WITNESS

SIGNED ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES:

WITNESS



-33-SCHEDULE “A” - CLASSIFICATIONS AND WAGES

Classifications

Home Support Worker

Salaries

Hourly:

Effective July 1, 2010 $11.75Effective July 1, 2011 $12.25Effective July 1, 2012 $12.75Effective July 1, 2013 $13.25



-34-Service Areas for Maximum Home Support Services Inc.

1. Corner Brook, Massey Drive Curling & Mt. Moriah

2. Communities of the North Shore of Bay of Islands including:

• Hugh’s Brook • Irishtown• Meadows• Summerside• Gilliams• McIvers• Cox’s Cove

3. Communities on the South Shore of Bay of Islands including:

• Lark Harbour• York Harbour• Halfway Point• John’s Beach • Benoits Cove• Frenchman’s Cove

4. Communities in the Burgeo area including:

• Burgeo

5. Ramea

6. Communities in the Humber Valley including:

• Steady Brook• Little Rapids• From Pasadena to Pynn’s Brook

7. Communities in the Deer Lake area including:

• Deer Lake• Cormack• Pasadena



-35-8. Communities in the Hampton area including:

• Hampton• Sop’s Arm •

Jackson’s Arm

9. Communities on the Port au Port Peninsula

10. Communities in the Stephenville area including:

• Stephenville• Stephenville Crossing• Barachois Brook• St. Georges• Cold Brook

11. Communities in the Woody Point area including:

• Woody Point• Trout River• Wiltondale

12. Communities in the Rocky Harbour area including:

• Rocky Harbour• Norris Point• Sallys Cove

13. Communities in the Cow Head area including:

• St. Pauls to Parsons Pond

14. Communities in the Portland Creek area:

• Portland Creek to Bellburns

15. Communities in the Port aux Choix area:

• River of Ponds to Port aux Choix

maximum home support_2014

Documents