your home care (2014)

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,

COLLECTIVE AGREEMENT

Between

YOUR HOME CARE SERVICES LTD.

And

NEWFOUNDLAND &LABRADOR ASSOCIATION

OF PUBLIC & PRIVATE EMPLOYEES

(Expires: June 30, 2014)

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THIS AGREEMENT made this /341 day of 0dtJhr , nno Domini, TwoThousand Ten;

BETWEEN:

YOUR HOME CARE SERVICES LTD.

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND

PRIVATE EMPLOYEES, a body corporate organized and existing under the laws of theProvince of Newfoundland and having its registered office in the City of St. John'saforesaid (hereinafter called the "Union");

of the other part;

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

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TABLE OF CONTENTS

ARTICLE NUM8ER AND NAME

1

2

3

4

5

6

7

8

9

10

11

12

13

1415

16

17

18

19

2021

22

23

24

25

PurposeRecognition

Management RightsDefinitionsUnion SecurityNo DiscriminationSexual and Personal HarassmentGrievance Procedure

ArbitrationLabour ManagemenUOccupational Health CommitteeSevere Weather ConditionsProbation, Discipline and Personnel File

Seniority

Promotion and Staff ChangesHours of Work

OvertimeHolidaysAnnual LeaveSick LeaveLeave - GeneralPayment of Wages and AllowancesStrikes and LockoutsTermination and Layoff

Health and Safety

Duration of AgreementSchedule "A" - Classification and Wages

Memoranda of UnderstandingLetter of IntentSchedule "8" - Districts

PAGE NO.

1

1

11

3

44

4

6

9

10

10

11

1314

17

18

19

2022

25

26

27

28

2931

31

34

35

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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 the employees in classifications listed in Schedule A of this

agreement.

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 UnitManagement and excluded personnel shall not perform duties assigned toemployees within the bargaining unit except for the purpose of instruction,

experimenting, emergencies or when regular employees are not readilyavailable, or as may otherwise be mutually agreed by the parties.

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

the terms of this Agreement.

ARTICLE 3 MANAGEMENT RIGHTS

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

ARTICLE 4 DEFINITIONS

4:01 (a) "Bargaining Unit" means the bargaining unit recognized in

accordance with Article 2.

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

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

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(d) "Temporary Employee" means an employee hired for a special

project of a specific duration or to replace an employee who isabsent due to illness, accident or approved leave of absence.

(e) "Employer" means Your Home Care Services Ltd.

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

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

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

(I) "Layoff Notice" means notice in writing which is hand delivered or

delivered by registered or certified mail.

U) "Vacancy" means any position that the Employer requires to be

filled 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 "8".

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 as

the context may require.

4:03 Administration

In the eveht that there is a conflict between this Agreement and anyregulations or policies made by the Employer, this Agreement shall take

precedence over the said regulations or policies.

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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 amount

equal to the regular bi-weekly membership dues of the Union.

(b) Notification of Deductions

The amount of the regular dues shall be authorized by the Unionand the Union shall notify the Employer of any changes therein in

writing at least one (1) month prior to the effective date of such

change.

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 in

which 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 include

any 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. The Union shall notify the Employer in writing of thename of the Steward before the Employer shall be required to 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 (1) 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 to

interview each new employee for a maximum of fifteen (15)

minutes for the purpose of acquainting the employee with theUnion and the collective agreement. These interviews shall beconducted during regular working hours without loss of pay

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provided that such time off does not interfere with the operation ofthe Employer and does not require staff replacement. Theinterviews will be scheduled in advance and may be arrangedindividually or collectively 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 in employment

as per the Newfoundland and Labrador Human Rights Code.

ARTICLE 7 SEXUAL AND PERSONAL HARASSMENT

7:01 The Employer and the Union recognize the right of employees to work in

an environment free from harassment as defined in the Newfoundland

and Labrador 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 in

writing presented in accordance with this Agreement arising out of theinterpretation, application, administration or alleged violation of the terms

of this Agreement.

8.02 Grievance Process - Complaint Stage (Verbal)

It is the mutual desire of the parties to this agreement that differences

shall be resolved as quickly as possible. It is understood that bothemployees and union policy grievances must be discussed at thecomplaint stage prior to becoming a valid grievance. An employee doesnot have a grievance until the employee has first submitted his/hercomplaint to the shop steward and said steward considers the complaintto be justified and until the employee has given his/her immediatesupervisor the opportunity to resolve the complaint. The union does not

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have a grievance until the complaint has first been discussed with theExecutive Director.

Such complaints shall be discussed with the immediate supervisor of the

Executive Director within seven (7) calender days after the circumstancesought reasonably to have come to the attention of the employee or theunion. The Employer shall provide a response to the complaint withinseven (7) calendar days of the discussion.

Step 1 (Written)

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

formal grievance, in writing, sighed by both the grievor and the ShopSteward, to the immediate supervisor within seven (7) calendar days of

the response at the complaint stage. Such grievance shall state the nature

of the grievance, the remedy sought and the provisions of the Agreementin writing no later than violated. The supervisor shall reply to the grievancein writing no later than seven (7) calendar days from the time the

grievance was submitted to her.

Step 2

Failing settlement at Step 1, the grievor, through the Shop Steward, maysubmit the grievance within seven (7) calendar days from the Step 1 tothe Agency Owner/Operator. The Agency Owner/Operator shall meet withthe Shop Steward and the grievor in an effort to settle the grievance. The

Agency Owner/Operator shall reply to the grievance no later than ten (10)calendar days from the time the grievance was submitted.

Step 3

Failing settlement at Step 2, either party may refer the grievance to

arbitration within Twenty (20) calendar days of the Step 2 decision.

8:03 Union Representation

The employee may be represented by a full time representative of the

Union at any formal Step of the Grievance (excluding the complaint stage)Procedure.

8:04 Time Limits

The time limits specified in this Article are mandatory and may only beextended in writing by mutual agreement of the parties.

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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 may

be submitted directly to the Agency Director at Step 2 of the GrievanceProcedure. Such grievance must be received by the AgencyOwner/Operator within seven (7) calendar days of the date of notificationof the suspension or discharge.

8:06 Policy and Group Grievances

(a) Policy Grievance

Where a grievance is initiated by either the Union or the Employer,the procedure shall start with the Agency Owner/Operator at Step 2

of Clause 8.02.

(b) Group Grievance

Where a number of employees have similar grievances and each

employee 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

9:01 Referral to Arbitration

Failing settlement of the grievance through the grievance procedures,such grievance may be submitted to arbitration. If no written request for

arbitration is received within fifteen (15) calendar days after the decisionat Step 2 of the grievance procedure is given, the grievance shall bedeemed to have been abandoned.

9.02 Composition of Board Arbitration

When either party requests that a grievance be referred to arbitration the

request shall be made in writing addressed to the other party to this

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agreement. Such request will stipulate whether the request is for thematter to be referred to an arbitration board, a single arbitrator orexpedited arbitration. Both parties must agree on the format. Failure to

agree to the format will result in the matter being referred to a board of

arbitration.

Referral to a board of arbitration shall contain the name of the first party'snominee to the arbitration board. The recipient of the notice shall, withinfifteen (15) calendar days thereafter, answer in writing indicating the name

and address of its nominee to the arbitration board. The two (2)nominees shall then endeavor to agree on a third person to act as

Chairperson of the board of arbitration.

9:03 Failure to Appoint

If the party receiving the notice fails to appoint a nominee, of if the two (2)nominees fail to agree upon a Chairperson within fifteen (15) days of theirappointment, the appointment shall be made by the Minister of

Environment and Labour upon the request of either party.

9.04 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 shall

not have the power to make any decision inconsistent with the provisionsof this Agreement or to change, alter, modify or amend any of itsprovisions.

9.05 Expenses of the Board

Each party shall pay:

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

its witnesses; and

(ii) one-half (%)of

the fees and expensesof

the Chairperson.

9.06 Amending of Time Limits

The time limits fixed in both the grievance and arbitration procedure are

mandatory and may only be extended in writing by mutual agreementbetween the parties.

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9:07 Witness

At any stage of the Grievance or Arbitration procedure, the parties mayhave the assistance of any employee(s) concerned as witnesses or any

other witnesses. Employees attending as witnesses will be granted timeoff work with pay and without loss of seniority or benefi ts of the Collective

Agreement.

9.08 Expedited Arbitration

Subject to agreement of both parties, a form of expedited arbitration 1 or 2

may be used following Step 2 of the Grievance Procedure. Theparticulars are as follows:

Expedited 1

(1) In any dispute of interpretation or application of the collectiveagreement, the parties agree to submit a written brief only detailingthe arguments of the respective parties to a single arbitrator withinfifteen (15) calendar days of the written response of the Employerin Step 2 of the Grievance Procedure.

(2) The single arbitrator must be agreed to by both parties within seven(7) calendar days of the Employer's written response and the

appointed arbitrator must be willing to render a verbal decisionwithin two (2) calendar days following receipt of the written brief

from each party

Decisions will be non precedential and without prejudice for any

subsequent grievance of a similar nature.

Expedited 2

1. In any dispute of interpretation or application of the collectiveagreement, the parties agree to submit a written brief and present

oral arguments to a single arbitrator within twenty (20) calendardays of the written response of the Employer in Step 2 of the

grievance procedure.

2. The single arbitrator must be agreed to by both parties within seven(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.

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3. The single arbitrator may, for the purpose of their clarification,

request the appearance of witnesses for questioning at the time of

the hearing or during the decision period when an additional

meeting may be convened by the arbitrator.

4. 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.

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

Cost will be shared on a SO/50 basis.

ARTICLE 10 LABOUR-MANAGEMENT/OCCUPATIONAL HEALTH COMMITTEE

10:01 Labour-Management Committee

10:02

10:03

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 month

unless mutually agreed otherwise, to discuss the following generalmatters:

(a) reviewing suggestions from employees, questions of working

conditions and service;

(b) other problems and matters of mutual interest which affect therelationship which are not properly the subject matter of agrievance or negotiations.

These meetings shall not supersede with the activities of any other

Committee 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.

Occupational Health Committee

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

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

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Such committee shall promote safety and sanitary practices within the

workplace.

ARTICLE 11 SEVERE WEATHER CONDITIONS

11.01 During a declared state of emergency, the Agency Owner/Operator or

appointed delegate shall determine whether or not the Agency shall beclosed or its operations suspended in a particular area or community.

Should such a closure or suspension of operations occur, employees willsuffer no loss of pay provided that the Employer receives payment forthose hours from the paying agencies or the clients.

ARTICLE 12 PROBATION, DISCIPLINE AND PERSONNEL FILE

12.01 (a) Probationary Period

The probationary period shall be four hundred and eighty (480)

hours of work from the date of last hire. For the purpose of thisclause, time off with pay approved by the Employer shall beconsidered as time worked.

(b) Termination of a Probationary Employee

The termination of probationary employees fo r reasons of

unsuitability or incompetence, as assessed by the Employer, is notsubject to the grievance or arbitration procedure.

12.02 Discipline

(a) Notification

The Employer has the right to discipline and discharge employeesfor just cause. Where the Employer is considering taking any form

of disciplinary action, in writing, against an employee, the Employershall conduct its investigation in an expeditious manner and will

endeavour to notify the employee of any disciplinary action withinten (10) calendar days of the occurrence or discovery of the mattergiving rise to the discipline.

(b) Right to Representation

Where an employee is required to attend a meeting with the

Employer to be discharged, suspended or given a written warning,

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or to discuss a matter for which some level of written discipline is

being considered, the Employer shall advise the employee that shehas a right to be accompanied by a Shop Steward. The employeewill be informed of the nature of the meeting and be given as much

advance notice as possible. It is the responsibility of the employeeto inform her Shop Steward.

Personnel Files

Upon request and after giving reasonable notice, an employee shall beallowed to inspect her personnel file in the presence of a representative of

the Employer and be provided with a copy of any document contained

therein.

In the event that an employee is disciplined, the records of such

disciplinary 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 an

employee 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

13:01 Seniority Defined

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

Care Services Ltd.

(b) It is recognized that two thousand eighty (2080) hours equals one

(1) year of service for seniority purposed. The parties agree thatregardless of the actual hours paid in any calendar year, the

maximum numberof

seniority hours credited to an employee willbe two thousand eighty (2080) hours.

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

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Seniority List

The Employer shall maintain a seniority list for all employees. An up-todate seniority list shall be sent to the Union and posted in January of each

year. 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

13.04

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 original

date of hire with the Employer.

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 when

such 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, in

writing, of his/her current address and telephone number;

(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 outside

the 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.

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ARTICLE 14 PROMOTION AND STAFF CHANGES

14.01 Transfers and Promotions

(a) Subject to 14.01 (b): For the purpose of the Article, vacancy iscreated in each of the following circumstances:

(i) The resignation of 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 of

sixteen weeks; or

(iii) The creation of a new permanent position within the

bargaining 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 position

is 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 mayappoint an existing employee or hire a temporary employee to fillthe vacancy on a temporary basis until the job posting and transfer

process is completed.

(b) The Employer shall post in the Office a notice of all vacancies for aperiod of seven (7) calendar days and will, at the same time,provide a copy of this notice to the Union Executive and Shop

Stewards.

(c) In filling such vacancy referred to in clause 14:02 (b), the employer

shall give preference to the applicant with the most seniorityprovided the employee is qualified and able to meet the Employer's

standards.

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(d) If the transfer of an existing employee into the vacancy results inthe employee having to cease providing care to one or more of her

existing 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 satisfactory

to 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 shall

be made within four (4) weeks of the vacancy.

(h) Upon written request, an employee who was not successful in a jobcompetition shall will be informed of the name of the successful

candidate.

Trial Period

The successful applicant shall be placed on a trial period of two (2)months. Conditional on satisfactory service, the Employer shall confirm

the employee's appointment after the period of two (2) months. If during

the trial period the employee proves unsatisfactory, as assessed by theEmployer, or if the employee is unable to perform the duties of the newjob classification, 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 also

be returned to her former position or status and wage or salary rate,without loss of seniority. The parties may mutually agree in writing to

extend the trial period. Where the Employer and the Union agree, theemployee may revert to his/her former position prior to the completion of

the trial period.

ARTICLE 15 HOURS OF WORK

15.01 Hours of Work

(a) Recognizing the particular and unique needs of the clients and that

the very nature of the work dictates that such services cannotalways be predicted in advance, the parties agree that the work

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schedule for employees may be arranged on a flexible basis in the

interest of client care and/or efficiency of the Employer'soperations. Nothing in this agreement shall be construed as a

guarantee of a minimum hours of work.

(b) The normal hours of work for Home Support Workers, and otherclassifications, shall be up to eighty (80) hours in a two (2) week

period.

(c) Employees who work less that eighty (80) hours in a two (2) weekperiod and who wish to work additional hours shall advise theEmployer, in writing, of the times they are available.

15:02 Scheduling of Work

(a) Maximizing Hours

(i) The Employer shall make every reasonable effort to

schedule employees up to eighty (80) hours in a two (2)week period. in accordance with the employee'scommitment and availability and the availability of work.

(ii) In accordance with Article 15, Clause 15:01 (b) employeeswho work less than eighty (80) hours in a two (2) weekperiod. shall be scheduled up to eighty (80) hours in a two(2) week period as hours become available in their District,

based on seniority, provided that the employee is qualifiedand able to meet the Client's needs.

(iii) Employees who are offered additional hours in theCommunity that they work in, up to forty (40) hours perweek, are expected to accept such hours. An employeewho refuses additional hours three (3) times within a twelve

(12) month period without providing a satisfactory reason to

the Employer, shall be placed at the bottom of the senioritylist and may not be offered additional hours for six (6)

months from the last date of refusal.

(iv) In all situations where the Employer determines that an

employee and a client are incompatible, the Employeragrees to consult with the union. In legitimate cases ofincompatibility, employees will retain their accumulated

seniority and will accrue seniority for all hours worked by areplacement to a maximum of forty (40) hours per week.

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(b) Scheduling of Work

(i) Where applicable, the Employer shall post and/or distributework schedules at least seven (7) calendar days in advance.

This schedule shall be adjusted as determined byoperational requirements dictated by clients' 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. The Employer will make every reasonable

effort to accommodate the employee's preference to work

evenings or nights on a permanent basis.

(iv) An employee shall not be scheduled to work more thanseven (7) consecutive days without days of f except by

mutual 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 immediate

supervisor.

(vi) The Employer shall schedule at least eight (8) hours of rest

between shifts for employees, unless the employee and theEmployer 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 to

maximize their hours of work. The Employer shall also makea reasonable effort to schedule work so as to provide

consecutive hours, where possible, and to minimize gaps inwork schedules.

(viii) Employees are not obligated to accept a shift of less thanthree (3) hours, with the exception of staff meetings,attendance at investigations and training.

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(ix) If an employee reports for a schedules shift and the shift iscancelled, without (1) hours notice to the employee, theemployee shall be paid one (1) hours pay at the regular rateof pay.

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

16:01 Overtime

All time worked by an employee in excess of eighty (80) hours in a twoweek period shall be considered overtime. All overtime is subject to priorapproval of the Employer.

16:02 Overtime Rate

16.03

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

and one half (1.5) times the employee's regular rate of pay.

(b) Instead of cash payment for overtime, employees may choose 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 of

one and one half (1.5) hours off for each overtime hour worked.Any banked overtime not taken as time off within six (6) months of

being earned shall be paid out at the appropriate overtime rate.

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.

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16.04 Double Shift

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

ARTICLE 17 HOLIDAYS

17.01 (a) Statutory Holidays

The following are recognized as statutory holidays:

(a) New Year's Day(b) Good Friday(c) Victoria Day

(d) Canada Day(e) Labour Day(f) Thanksgiving Day(g) Remembrance Day

(h) Christmas Day

(b) Holiday Pay

(i) Employees who work on a statutory holiday identified in

17.01 (a) will receive payment at double (2) time rates for all

hours worked.

(ii) Employees who do not work on the statutory holidayidentified in 17.01 (a) will be paid as follows:

Provided that an employee has been employed for at leastthirty (30) days prior to the statutory holiday and has workedhis/her scheduled shift prior to and after the statutory

holiday, the employee shall be compensated for thestatutory holiday on a pro rata basis in accordance with the

average number of hours worked in a day for the twenty one

(21) day period immediately prior to the statutory holiday.

17:02 Christmas and New Year's

The Employer agrees that whenever possible, an employee scheduled to

work 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 be

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scheduled to work on Christmas Day unless otherwise mutually agreedbetween the employee and the Employer.

The Employer agrees that whenever possible, employees who work

Christmas of one year shall have Christmas off the following year, andemployees who work New Year's of one year shall have New Year's off

the following year unless otherwise mutually agreed between the

employee and her immediate supervisor.

ARTICLE 18 ANNUAL LEAVE

18:01 Vacation Entit lement

18.02

An employee shall be entitled to vacation pay as follows:

(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 regular

hours paid;

(ii) Each year after five (5) years of service - at the rate of six percent(6%) of all regular hours paid.

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

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 unpaid

vacation leave. Employees who elect to bank their vacation pay in

any 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 vacation

pay 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 entitlement

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18.03

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which cannot be carried forward will be paid out at the end of thevacation year.

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 the

employee 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 to

the Employer no later than April 15Lh•

(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

on the number of employees on leave of absence for vacation atanyone time, preference shall be given to employees with the mostseniority. Requests for vacation that are received after thedeadlines referred to in 18.03 (a) may be granted at the Employer'sdiscretion based on operational requirements.

(d) Nevertheless, such holidays may be granted at the discretion of theAgency Owner/Operator because of unusual circumstances andchanging operational requirements.

ARTICLE 19 SICK LEAVE

19:01 Sick Leave Defined

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

19:02 Sick Leave Entitlement

(a) An employee shall be entitled to accumulate sick leave with full pay

at the rate of one (1) day per month of service.

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19.03

19:04

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(b) The maximum number of days of paid sick leave which may be

awarded to an employee during any consecutive twenty (20) yearperiod shall not exceed two hundred and forty (240) days.

(c) Deductions shall be made from accumulated sick leave of allscheduled working days absent for sick leave. Absence onaccount of illness for less than one-half (}',) day shall not bededucted, absence for one-half (}',) day or more and less than a fullday shall be deducted as one-half (}',) day.

Notification

(a) The employee shall inform her immediate supervisor as soon as

possible of her inability to report to work because of illness orinjury.

(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 in

excess of two (2) consecutive shifts or in excess of five (5) shifts in

any twelve (12) month period.

(d) For the purpose of obtaining medical certificates, an employee

shall have the option of being attended by a doctor of her choiceand under no circumstances will an employee be penalized in any

way by the Employer for exercising her option of being attended byher personal physician.

Injurv on Duty

An employee who is injured during working hours and is either required to

leave 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 practitioner

indicating that she received treatment for the injury.

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ARTICLE 20 LEAVE - GENERAL

20:01 Leave for Negotiations

20:02

20:03

Unpaid leave shall be granted to a number up to three (3) employees,who are members of the union negotiating committee, while attendingnegations with the employer.

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. The

period of leave of absence may be renewed upon request.Employees will not accrue any service or benefits, except seniority,during such an absence.

(b) Where operational requirements permit, and 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.

Bereavement Leave

(a) Immediate Family

If a death occurs in the immediate family of an employee, the

employee shall be granted three (3) consecutive days leave of

absence immediately following the death. If the employee is

scheduled to work within this three (3) consecutive day period theemployee shall be paid for all scheduled hours missed to a

maximum of fourteen (14) hours. Immediate family is defined as aspouse or common-law-spouse, child, grandchild, mother, father,brother, sister, grandparent, mother-in-law, father-in-law, sister-inlaw, 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.

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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, to

maternity 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 of

the date the leave is to begin and shall provide a medical certificate

from 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 comes

into the care and custody of the parent for the first time. Theemployee shall give the Employer at least two (2) weeks notice of

the date the leave is to begin.

(d) The maximum leave allowed under this clause shall be seventeen(17) weeks for maternity leave and thirty-five (35) weeks for

parental leave for a combined maximum of fifty-two (52) weeks in

total.

(e) The employee shall give at least four (4) weeks notice of his or herintention to return to work and, in the case of maternity leave, shall

provide a satisfactory certificate of fitness from a medicalpractitioner.

(f) Upon return from maternity or parental leave, the employee shall

resume 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 commencingmaternity leave, becomes ill as a result of or relating to her

pregnancy shall be entitled to sick leave upon production of

medical certification 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 trial

period shall start upon her return to work.

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20:05

20:06

20:07

20:08

20:09

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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.

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

this Agreement, except seniority.

Paid Jurv, Court Witness or Jurv Selection Leave

The Employer shall grant leave of absence without loss of pay, seniority,or accumulative benefits to an employee who is summoned for jury

service, or serves as a juror, or who is subpoenaed to attend upon a courtas a witness in a court proceeding. The employee will present proof of

such attendance.

General Leave

With the approval of the Employer, an employee may be granted leave of

absence without pay and without loss of seniority in exceptional

circumstances.

Education Leave

An employee who is upgrading her employment qualifications through an

Employer approved upgrading course shall be entitled to leave of absence

with two (2) hours pay to write examinations required by such course.

Extended Unpaid Leave

Upon written request, an employee who has completed two (2) years of

service shall be granted leave to a maximum of twelve (12) monthswithout payor seniority and without loss of accumulated seniority and

benefits provided that such leave shall not cause an unreasonable

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20:10

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interference with the Employer's operation. An employee shall be entitled

up to a maximum of twelve (12) months unpaid leave for each two (2)years of service with the understanding that no employee can have more

than twelve (12) consecutive months of unpaid leave at anyone time.

Employees shall not be subject to any benefits of this Agreement duringthis period. The minimum amount of unpaid leave an employee may

request under this Clause is sixteen (16) weeks.

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

in the same household;

(ii) attend meetings with school authorities concerning adependent 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 is

required; 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.

ARTICLE21

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.

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21.02

21:03

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(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.

Salarv Payment

(a) Employees will be paid by online Direct-Deposit directly into their

bank 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.

(b) Employees will be responsible for the safe keeping of their pay

stubs and their personal record keeping regarding their salary

history.

Transportation Allowance

(a) When, in the course of his/her duty, an employee is required totravel on the Employer's business as required by the Employer, theemployee shall be reimbursed at the rate of thirty-one and one-half(31.5) cents per kilometer for all kilometers traveled above ten (10)kilometers per day. It is understood that such travel allowance

applies only to travel between clients and will not be paid for travelfrom the employee's home to the employee's first client of the day

and from the last client of the day to the employee's home.

(b) Employees shall be provided, upon request, with a T2200

Declaration of Conditions of Employment form.

ARTICLE 22 STRIKES AND LOCKOUTS

22:01 The Union agrees that during the life of this Agreement, there shall be no

strikes, suspensions or slowdown of work, picketing by members of theUnion on the premises of the Employer or any other interference with the

Employer's business. The Employer agrees that there shallbe

no lockoutduring the term of this Agreement. .

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ARTICLE 23 TERMINATION AND LAYOFF

23:01 Notice of Termination

23.02

23.03

23:04

23:05

(a) With the exception of the death of a client or other unforeseenemergency situations the Employer agrees to give employees two(2) weeks notice of layoff or termination, in writing, excludingdisciplinary termination.

(b) The employee shall give the Employer two (2) weeks notice, in

writing, to terminate her employment.

Definition of Layoff

Layoff is defined as a permanent discontinuance or suspension of all or

part of the Employer's business. It is understood that a periodic reductionin scheduled hours of work due to temporary or intermittent shortages of

work does not constitute a layoff.

Loss of Hours

When an employee loses hours of work due to the loss of a client or

clients, the Employer shall make a reasonable effort to replace those

hours based on seniority in accordance with Clause 15.02(a).

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 arequalified and 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.

No New Emplo'jlees

(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.

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(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

24:02

24:03

24:04

(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 her

former duties, and if the Workers' Compensation Commissiondetermines that the employee cannot perform her former duties, to

another work assignment within the bargaining unit.

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

Clothing Benefits

The Employer shall ensure the supply of disposable gloves, without cost

to 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.

On-the-Job Training

Employees required by the Employer to participate in on-the-job training in

a client's home shall be considered to have worked for all hours spent in

such training.

First Aid Training

The cost of first aid certificate in accordance with p·rovincial regulationshall be paid by the Employee.

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ARTICLE 25 DURATION OF AGREEMENT

25:01 Duration

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

(b) This Agreement shall remain in full force for the period specified in

Clause 25:01 (a).

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.

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Signed this ) ~ day of _-----'-O""----"d"'--_ _ _ _ _ 2010.

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

ON BEHAL1"-OF YOUR HOME CARE SERVICES:/ .

! I

_ (J tip,\l\ydi

WitNESS

f \ 1 . ' . I ~'71 I ( . , ', " ,....i, , -" '=.l

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

Page 30

I

tLtJ ~ITNESS

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Schedule A - Classification and Wages

Home Care Worker

Effective July 1, 2010Effective July 1, 2011

Effective July 1, 2012Effective July 1, 2013

Behavioral Aide

$11.75$12.25$12.75$13.25

Behavioral Aides will be red-circled at the above rate for Home CareWorkers. In addition to their current salary they will receive a cashpayment of the percentage increase applicable for their salary. This

payment will be paid for each regular hour worked.

Page 31

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MEMORANDA OF UNDERSTANDING

It is understood that at the time of signing this agreement the Employer recognizes theneed for the classification of Behavioral Aid, which classification is not fully funded bythe Employer's funding agency. For this reason the Behavioral Aid classification is red

circled . Should the funding agency determine, during the term of this agreement, toreconsider and recognize the classification of Behavioral Aid and provide theappropriate funding for that classification, the red circling will discontinue at that timeand the appropriate rate of pay for Behavioral Aid will apply.

If the above situation, with respect to red circling of Behavioral Aid, is still applicable atthe expiry date of this agreement the rate for behavioral Aid will be recognized as$14.93 for purposes of negotiations in the succeeding collective agreement. The rate of$14.93 is the rate that would have applied had the classification not been red circledand had received all the negotiated rate increases during the term of the agreement.

It is further understood that nothing in this memoranda of understanding restricts,modifies or amends the rights of the Employer or theUnion contained in this collectiveagreement, with respect to the hiring or termination or redundancy of this or otherclassifications.

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MEMORANDA OF UNDERSTANDING

Additional Monetary Benefits

If, during the term of this Agreement, the Newfoundland government provides additionalmonetary benefits to Home Support Workers, the parties agree to meet to discussthese changes and to make any necessary adjustments to this Agreement.

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LETTER OF INTENT

Mr. Hubert SuttonEmployee Relations Officer

Newfoundland and Labrador Associationof Public and Private Employees

P. O. Box 8100

St. John's, NLA1B 4M9

Dear Mr. Sutton:

September 8, 2006

Subject: Past Practice

Further to our recent telephone conversation the Employer proposed thefollowing with respect to Past Practice :

Page 34

Both parties agree that during the thirty (30) day period, immediately followingthe date of signing of this Agreement, should it be brought to the attention of thepresent Employer, in writing, that an existing benefit has been discontinued as a

result of these negotiations or this collective agreement that within fourteen (14)calendar days of receiving written notification, the present Employer andrepresentative Union agree to discuss the implication of such benefit and todetermine if the affected employee should be grand-parented for said benefit orany other arrangement that the parties at the time may agree upon.

Sincerely,

Gail JerrettOwner/OperatorYour Home Care Services Ltd.

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SCHEDULE "B" DISTRICTS

Employer and Union will determine boundary of districts.

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your home care (2014)

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