Collecti\'e Agreement

Between

Park\'ie\\' Meadows Christian Retirement Village

- and -

Labourers· International lJnion of North America (1.I UNA). Local 3000 ("·Union .. )

January I. 2018- December 3 I. 20 I 9

Collective Agreement between Parkview Meadows Christian Ret rement Village and liUNA Local 3000 January l, 2018- December 31, 2019

TABLE OF CONTENT~ ARTICLE I - PURPOSE ...... ............ .. ... ... .......... ...................... ............. ......................................... 2

ARTICLE 2 - RECOGNITION .... ........................ ............ ...... ..... .. .. ...... .. ........... ....... ... .. .. ......... ..... 2

ARTICLE 3 - DEFINil"IONS .............................. .. ............................ ............................. ............ ... 2

ARTICLE 4 - NO DISCRIMINATION ................................... ........................ .. ....... .. .................... 3

ARTICLE 5 - NO STRIKE. NO LOCKOUT ................................................................................ .4

ARTICLE 6 - UNION SECURITY ......................... ...... ............... ...................... .. ...................... .... 5

ARTICLE 7 · U JON REPRESE TA TION ................................ ....................................... .. ........ 6

ARTICLE 8 - GRIEVANCE PROCEDURE A D ARBITRATI01 ............................................ 9

ARTICLE 9 - MANAGEMENT RIGI ITS ............... ..................................................................... 12

ARTICLE 10 - /\CCESS TO FJLES ..... .............................. .................... .. .................................... 12

,i:\RTl('LE 11 - SENIORITY ........................................ .. ................................................... ............ 13

ARTICLE '2 - LEAVES OF ABSENCE ................ ..................................................................... 19

,\RTICLE 13 - HOURS OF WORK ...................................................... ..................................... .. 22

\lfrilCLf. 14 - PREMIUM Pl\ YMEN I ... .................................................................................... 25

ARTICLE 15 - PAID HOLIDAYS ..................................... .. ................. .. ......................... .......... .. :26

ARTlC'LE 16 - \ ' ACATJONS ....................... ..... ..................... ...................................................... 27

1\RTICLE 17 - SICK LEAVE ...... .... .......................... .. ................................................. ................ 29

ARTlCLE 18 - HEALTH AND WELFARE BENEFITS ..................... .... .... ............... ................. 30

ARTICLE 19 - tvllSCELLAN OUS ........................................................................................... . 3 t

ARTlCLE 20 · EDUCATION ........... ....................... ... ............................................... ................... 31

.!.\RTl{'LE 2 l - WAGES ... ... ........ .. .......................... ........................... ... ................... .. ... ................ 32

ARTICLE 22 - TERMl All.ON AND RE E\VAL ....... .. .................... ... ............................. .. ..... 35

APPENDIX A - REGISTERED STAFF ......................... .................. ...................... ..................... . 36

APPENDIX B- JOB SHARING/TIME SHARIN0 ..................................................... ................ 37

APPENDIX C- ORrENTATlON AND IN-SERVICE .. ............................................. ................. 39

APPENDIX D - WAGE TABLE .............. ............. .. ..... .. .. ............ Error! Bookmark not defined.

LETTER OF UNDERSTAND! G ............................................ ....... ............... .... .... .. .. .. ... ............ 42

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Collective Agreement between Parkview Meadows Christian Retirement Village and LiUNA Local 3000 January 1, 2018 - December 31, 2019

ARTICLE 1 - PURPOSE

1.0 l

1.02

1.03

The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the employees CO\'ered by this Agreement: to provide for ongoing means of communication between the Union and the Employer and the prompt disposition of grievances and the final settlement of disputes and lo establish and maintain mutually satisfactory salaries. hours of work and other conditions of employment in accordance with the pro\ isions of this Agreement.

lt is recognized that emplo) ees wish to work together with the Employer to secure the best possible care and health protection for residents.

The Employer and the Union recognize that the attitude. abilit) and eflicienC) of indh idual employees affect to a large extent the care. \\'dfare. safety and comfort of the residents in the Home.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the exclusi\'e bargaining agent of all its emplo) ees of Parhie,,· Meadows Christian Retirement Village save and except supervisors and persons abo' e the rank of supen isor. Ho\\ e\'er. Appendix A. B. C. and D of this document. apply only to RNs.

ARTICLE 3 - DEFINITIONS

3.0 I J\ "full-time employee" is an employee \\ho is regular!) scheduled to normally \\'ork se,·enty-th·e (75) hours bi-weekly. but no less than sixty-fi,·e hours bi-\\ Cekly.

3.02 A "part-time employee" is an employee who is regularly scheduled to nonnall) \\Ork less than si~ty-ftve (65) hours biweekly. and who offers to make a commitment to be arnilable for work on a regular predetermined basis.

3.03 A .. casual employee·· is an employee \\ho is normally not scheduled to \\Ork but is called in to work as required or scheduled for staff replacement and make themsel\'es a\'ailable to \\ ork at least four ( 4) shifts per month t\\·o (2) of which shall be on weekends (unless on an approved leave of absence). A ··student"" employee is an employee'' ho is in full time attendance at a recognized educational institute.

3.0-t A .. student'" employee is an employee who is in full time attendance at a recognized educational institute.

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3.05

3.06

3.07 (a)

(b)

3.08

3.09

3.10

Collective Agreement between Parkv1ew Meadows Christ an Retirement Vi lage and L1UNA Local 3000

January 1, 2018- December 31, 2019

.. Departments·· are as follows: Housekeeping/Laundry Long Term Care- Nursing Recreation/Restorative Office & Clerical

Retirement Home Dietary Maintenance Cook Retirement Home - Care Provider

The provisions of this Agreement shall be read with all gender. grammatical. singular and plural changes as required by the circumstances.

Shifts The shift commencing at 6 am shall be considered the first shift of each working day. A shifl shall be deemed to be entirely within the da) in which shift commences.

For the purposes of Paid Holidays. Article 15. the premium related to the pa id holiday\\ ill be based on the calendar day in which the majority of hours are worked.

Except \\hen: otherwise specified in this Agrcemt"nt. the reference to a number of da) s within which any matter sha ll be dealt with is to be in terms of consecutive calendar da~ s.

Where\er the term Union RcprcscntatiYc is used in this Agreement it shall mean an) employee working for and 'or on the acti\'e payroll \\ ith the Union. Union representatin: shall include Business Agent, International Representative. etc .

The Emplo} er agrees it will not enter into any arrangement or contract with those emplo) ees for whom the Union has bargaining rights. either individually or collecti\·ely '' hich \\ill conflict with any of the provisions of this Agreement.

ARTICLE 4 - NO DlSCRIMINATION

4.0 l The Employer and the Union agree that there \\ill be no discrimination. interference. intimidation. restriction or coercion exercised or practiced by any of their representatives ,., ith respect to any employee because of her membership or non-membership in the Union or activity or lack of activity on behalf of the Union or by reason of exercising her rights under the Collective Agreement.

4.02 Authorized representative(s) of the Union will be permitted to enter the premises of Employer at reasonable times for the purposes of adjusting grievances. negotiating the settlement of disputes and for carrying into effect the purposes of this Agreement, subject to the approval of the CEO. The representative(s) of the Union shall. on arrival at the premises advise the CEO or her designate of the visit. Without permission of the Employer, Union representatives will not conduct any business on the premises and will not interfere with an employee in the discharge of her duties. Such requests will not be unreasonably denied.

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4.03

4.04 (a)

Collective Agreement between Parkview Meadows Christian Retirement Vil.age and UUNA Local 3000 January l, 2018- December 31, 2019

The Employer and the Union agree that there shall be no intimidation, discrimination, interference. restraint or coercion exercised or practiced against any person because of race, ancestry. place of origin, colour. ethnic origin, citizenship. creed, sex, sexual orientation. age. record of offences, marital status. family status or disability where to do so would be contrary to the Ontario Human Rights Code.

Violence The parties agree that \'iolence shall be defined as any incident in \Ahich an employee is abused. threatened or assaulted while performing his or her work. The parties agree it includes the application of force. threats with or '' ithout weapons and se\'ere verbal abuse. The parties agree that such incidents will not be condoned. Any employee who belie\'es he/she has been subjected to such incident shall report this to a super\'isor \\ho \\ill make e\ er)· reasonable effort to rectif) the situation. For purposes of sub-article (a) onl). employees as referred to herein shall mean all employees of the Employer.

(b) The Employer agrees to develop formalized policies and procedures in consultation \\ ith the Joint Health and Safety Committee to deal \\ ith workplace violence. The polic) \\ill address the pre,·ention of \·iolence and the management of 'iolent situations and support to employees who have faced workplace violence. These policies and procedures shall be communicated to all employees.

(C) The Employer \\ill report all incidents or \iolence as defined herein to the Joint Health and Safety Committee for re\'ie\\ .

( d) The Emplo) er agrees to pro,·ide training and information on the pre\ ention of ,·io\ence to all emplo) ees who come into contact with potentially aggressi' e persons. This training will be done during a new employee's orientation and updated as required.

( e) Subject appropriate legislation. and with the employee ·s consent. the Employer will inform the Union \\ithin 3 days of an) employee who has been subjected to violence while performing his/her work. Such information shall be submitted in writing lo the Union as soon as practicable.

ARTICLE 5 - NO STRIKE, NO LOCKOUT

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

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Collective Agreement between Parkview Meadows Christian Retirement Vlllage and l 1UNA Local 3000 January l, 2018- December 31, 2019

ARTICLE 6 - UNION SECURITY

6.01 The Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly Union dues and assessments designated by the Union. Assessments may include remittances to UUNA Local 3000.

6.02 Such dues shall be per pay period and, in the case of newly employed persons. such deductions shall commence in the month following their date of hire.

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

6.04 The amounts deducted under this Article shall be remitted by the fifteenth of each month to the Union Office. In remitting such dues. the Employer shall provide a list of employees from whom deductions \\ere made. including their social insurance numbers. and department. The Employer shall also pro\ ide the local Union with the names and full addresses including phone numbers of all employees including terminated employees.

6.05 The amount of regular monthly dues and assessments shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authoril) to make the deduction specified.

6.06 l'he Employer agrees that a Union Steward shall be allO\\.ed a reasonable period not to exceed fifteen ( 15) minutes during regular working hours to interview ne\\ ly employed employees during their probationary period. During such inten·iews. membership forms and welcome packages may be provided to the employee by the Union. These inter\'iews shall be scheduled in advance by the Employer and may be arranged collecti\·ely or individually.

6.07 A copy of this Collective Agreement shall be issued by the Union to each employee in the employ of the Employer and to each employee employed during the term of this Agreement and thereafter. The Employer and Union agree to share the cost of copying printing the agreement equally.

6.08 The Employer shall not contract out any \\Ork usually performed by members of the bargaining unit if, as a result of such contracting out. a layoff of any employees results. Contracting out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid off with similar terms and conditions of employment is not a breach of this Agreement.

6.09 Persons not covered by the terms of this Agreement will not perform any duties which are normally performed by members of the bargaining unit, which would directly cause of or result in the layoff of regularly scheduled hours of work of an

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6.10

Collective Agreement between Parkview Meadows Christian Retirement Village and L1UNA loca 3000 January 1. 2018 - December 31, 2019

employee in the bargaining unit except for the purposes of instruction. m emergencies or when regular employees are not available.

This Agreement shall not prevent residents or their designate from making arrangements for private care providers or publicly funded service delivery (VON. Homecare), private duty or companion care. Such service(s) is between the resident and or designate and the pro\·ider and shall not be ,·iewed as a violation of the Collective Agreement.

ARTICLE 7 - UNION REPRESENTATION

7.01

7.02

(a) Union Steward The Employer agrees to recognize six (6) Union Stewards to be elected or appointed from employees in the bargaining unit for the purpose of dealing with Union business as pro,·ided in this Collecti\·e Agreement. It is agreed. that" hae possible. these repre entati\·es will not be from the same shift or from the same department and no more than four ( 4) from the da) shifts.

(b) It is agreed that Union Stewards and members have their regular duties and responsibilities to perform for the Employer and shall not leave their regular duties \\·ithout first obtaining permission from their immediate supen·i or. Such permission shall not be unreasonably withheld.

( c ~ The Employer agrees to pay for all time spent during their regular hours by such representati\·es hereunder. The Employer has the right to limit time spent b) employees during \\orking hours on union business if in the opinion of the Employer such time is deemed exccssi\·e. A maximum of two (2) employees shall be eligible for pa) under this pro,·ision at any time.

(a} Labour - Mana1!ement Committee Where there are matters of mutual concern and interest that would be beneficial if discussed at a Labour Management Committee meeting during the term of this Agreement. the follO\\ ing shat I apply:

(b) An equal number of representati\'eS of each party as mutually agreed shall meet at a time and place mutual!) satisfactory.

(c) The Committee shall meet eYery second (2nd) month unless otherwise agreed. The duties of chairperson and secretary shall alternate between the parties. Where possible. agenda items\\ ill be exchanged in \\Tiling at least se\'en (7) days prior to the meeting. A record shall be maintained of matters referred to the committee and the recommended disposition. if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members and minutes shall be posted on the staff bulletin board.

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7.03

7.04

Collective Agreement between Parkvrew Meadows Chr.stlan Retirement Vmage and liUNA Local 3000 January 1, 2018 - December 31, 2019

{d) The purpose of the Committee includes:

(i) Promoting and providing effective and meaningful communication of information and ideas;

(ii) Discussing matters of concern including the quality of care;

(iii) Discussing and reviewing matters which are of mutual benefit to the parties but shall not include items or issues that are properly dealt with under the grievance procedure or through negotiations.

(e} Each representative attending such meeting shall be paid at her straight time houri> rate of pay for all regularly scheduled hours of work lost due to attendance at such meetinl?.s. The duration of such meetinus will be two (2) hours unless mutuallv

~ ~ . agreed by the parties.

Negotiatin!! Committee (a) The Employer agrees to recognize a Negotiating Committee comprised of:

• One (I) Representative from Retirement • Three (3) Representati \'es from Long Term Care.

(b) fhe members of th~ Committee \\ill be paid hy the Employer at their straight time houri) rate of pay for regu larly scheduled hours of work lost due to attendance at negotiation sessions with the Employer up to and including conciliation.

(c) The Employer shall grant unpaid time off to allo\\ Negotiating Committee members to attend arbitration hearings. For any unpaid leave of absence under this provision. the employee·s salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full cos t of such salary and benefits.

(a) Infectious Diseases The Employer will use its best efforts to make all affected direct care employees aware of residents vvho have serious infectious diseases. The nature of the disease need not be disclosed. Employees who are not direct care employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all employees are aware of the requirement to practice universal precautions in all circumstances.

(b} Where the Employer identifies high risk areas where employees are exposed to infectious or communicable diseases for which there are available protective medications or procedures they shall meet to discuss the treatments, medications that is available and the extent of coverage available for such treatments and or medications the Employer w ill provide.

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7.05

7.06

7.07

Collective Agreement between Parkview Meadows Christian Retirement V1"age and liUNA local 3000 January 1, 2018- December 31, 2019

(c) It is understood that each employee is responsible for following prescribed policies and procedures and recommendations of the Employer related to the above. Failure to do so may result in the employee being responsible for the total costs of treatments medication etc.

(a)

(b)

(C)

(d)

(e)

(f)

(g)

Health and Safety Committee The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home in order to prevent accidents. injury and illness.

A joint management and employee health and safety committee shall be constituted with representation of at least half by employees from the bargaining unit and representati\·es of management. The bargaining unit members shall be those selected or appointed by the Union from amongst bargaining unit employees.

Such Committee shall identify potential dangers and hazards. recommend means of impro\·ing health and safety programs and recommend actions to be t a~en to impro\·e conditions related to safety and health.

The Employer agrees to cooperate reasonably in pro\'iding necessai)· information to enable the committee to fulfill its functions. In addition. the Employer will pro\'ide the committee with reasonable access to all accident reports, health and safet~ records and any other pertinent information in its possession.

t\·leetings shall be held e\·ery three ( 3) months or more frequently at the call of the Chair. if required. The Committee shall maintain minutes of all meetings and ma"-e the same a\·ai lable for revie\\ .

An) representati\e appointed or selected in accordance with (b) hereof. shall serve for a term of at least one (I) calendar year from the date of appointment. Time off for such representative(s) to attend meetings and carry out their duties. as per the OHSA. on the Committee shall be granted. Any representati\'e(s) attending such meetings shall be paid at her straight time hourly rate of pay for alt regular!) scheduled hours of work lost due to attendance at such meetings.

The Union agrees to endearnr to obtain the full cooperation of its membership in the observation of all safety rules and practices.

The Union may hold meetings on Employer premises providing permission has been first obtained from the Employer. Granting or not granting permission shall not be the subject of a grievance.

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

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Collective Agreement between Parkview Meadows Chrrs11an Retirement Vil age and LiUNA Local 3000 January 1, 2018 - December 31, 2019

ARTICLE 8 - GRIEVANCE PROCEDURE AND ARBITRATION

8.01

8.02

8.03

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

At the time formal discipline is imposed or at any stage of the grievance procedure. including the complaint stage, an employee is entitled to be represented by her Union Representative or by a Union Steward. In the case of suspension or discharge. the Employer shall notify the employee of this right in advance. If an employee is to be sent home from work pending an investigation of an alleged incident. she \vill be so advised in the presence of a Union Ste\\ard. If no such person available. however. then she will choose an available co-\\orker to be with her at the time she is sent home.

It i the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickl} as possible, and it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor \\ithin seven (7) days after the circumstances gi\ing rise to it ha\·e occurred or ought reasonably to have come to the attention of the employees and failing settlement within sc:q:n (7 ) da)s follo\\ing ad\·ice of her immediate supen isor's decision shall b~ d~alt with in the follO\\ing manner and sequence:

Step No. 1 The employee may submit a \Hitten grievance signed by the employee. to her immediate supervisor. The grie,·ance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement. \\hich are alleged to be violated. The immediate supervisor \Viii deliver her decision in writing within seven (7) da) s following the day on \\hich the grievance was presented to her. Failing settlement. then:

Step No. 2 Within seven (7) days following the decision in Step No. 1. the grievance may be submitted in writing to the CEO or her designate. A meeting will then be held between management and the Grievance Committee within seven (7) days of submission of the grievance at Step No. 2 unless extended by agreement in writing of the parties. It is understood and agreed that a representative of LIUNA Local 3000 and the griever may be present at the meeting. The decision of the Employer shall be delivered in writing within seven (7) days following the date of such meeting. Where the CEO is the same in Step No. 1 and Step No. 2 the grievances \Viii advance to the next step. The Employer agrees to submit the response to the Union Steward who signed the grievance or to the Chief Union Ste\vard if such Union Steward is not available.

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Collective Agreement between Parkv1ew Meadows Christian Ret1tement v .uage and UUNA Local 3000 January 1, 2018 - December 31, 2019

8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation. application or alleged violation of the Agreement shall be originated at Step No. 2 within ( 14) fourteen days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Local Business Manager or her designate.

8.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in \Hi ting signed by each employee who is grieving to management within (14) fourteen days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable pro\'isions of this Article shall then apply with respect to the processing of such grievance.

8.06 (a)

(b)

(c)

8.07

A claim b) an employee who has completed her probationary period that she has been unjustly discharged or disciplined shall be treated as a grievance if a \\Tillen statement of such grievance is lodged by the employee \\·ith the Emplo) er at Step No. 1 within se\·en (7) days after the date the discharge or suspension is affected. Such special grie\"ance may be settled under the Grievance or Arbitration Procedure by:

(i) Confirming the Employer's action in dismissing the employee: or

(ii) Reinstating the employee without loss of seniority and ''ith full compensation for the lost time: or

(iii) By an) other arrangement \\hich ma) be deemed just and equitable.

The Employer agrees to pro,·ide \Hitten reasons\\ ithin se\'en ( 7) calendar days to the affected employee in the case of discharge. but failure to pro\'ide such written reasons in a timely manner shall not affect the merits of the discipline.

The discharge of a probationary employee shall be solely in the discretion of the Employer and shall not be the subject of a grievance. The Employer agrees. however. that prior to terminating a probationary employee it will meet with the employee and a Union Steward to revie'' the reasons for the termination.

Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation. application, administration or alleged violation of this Agreement. including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. [f no written request for arbitration is recei\'ed within (21) twenty-one days after the decision under Step No. 2 is given. the grievance shall be deemed to ha\-e been abandoned. Where such a written request is postmarked within (21) twenty-one days after the decision under Step No. 2. it will be deemed to have been recei\'ed

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CollecttVe Agreement between Parkview Meadows Christian Retirement Village and Lt UNA Local 3000 January 1, 2018- December 31, 2019

within the time limits. Subsection 48(16) of the lahour Relations Act shall not apply in respect of untimely referrals to arbitration.

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

8.09 When either party requests that any matter be submitted to arbitration as provided above. it shall make such request in writing addressed to the other party to this Agreement. and at the same time name a nominee. Within seven (7) days thereafter the other party shall name a nominee, provided. ho\vever. that if such party fails to name a nominee as herein required. the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party im·oking the arbitration procedure. The two (2) nominees shall attempt to select by agreement a chair of the Arbitration Board. 1 f they are unable to agree upon such a chair within a period of fourteen (14) days. they shall then request the Minister of Labour for the Province of Ontario to appoint a chair.

8.1 O No person may be appointed as an arbitrator who has been imolved in an attempt to negotiate or settle the grie\·ance. unless othern ise agreed by the parties.

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

H. I:::? The Arbitration Board shall not be authorized to make any decision inconsistent \\ith the provisions of this Agreement. nor to alter. modify. add to or amend any part of this Agreement.

8.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the Chair. will be final and binding upon the parties hereto and the employee or employees concerned.

8.14

8.15

Each of the parties hereto will bear the expense of the nominee appointed by and the parties \\ill share equally the fees and expenses. if any. of the Chair of the Arbitration Board.

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

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Collective Agreement betw een Parkv1ew Meadows Christian Retirement Vitfage and UUNA Local 3000 January 1, 2018 - December 31, 2019

8.16 The parties agree that use of the electronic version of the LIUNA Local 3000 griernnce form is acceptable and valid. Electronic grievances may be sent via email. to the applicable manager or the identified designate. The electronic signature of the Union Representative or Steward \\.ill be accepted as the original signature.

ARTICLE 9 - MANAGEMENT RIGHTS

9.01

(a)

(b}

(c)

(d)

9.02

The Union acknowledges that all management rights and prerogati\·es are ,-ested exclusively with the Employer. Without limiting the generality of the foregoing it is the exclusive function of the Employer:

to determine and establish standards and procedures for the care. \\elfare. safety and comfort of the residents in the Home;

to maintain order. discipline. efficiency and in connection therewith to establish and enforce reasonabk rules and regulations. pro\'ided that the rules shall not be inconsistent with the provisions of this Agreement:

to hire. transfer. lay off. recall, promote. demote. classify. assign duties. discharge. suspend or othern ise discipline employees \\"ho ha\·e completed their probationary period for just cause. provided that a claim of discriminatory transfer. promotion. demotion or classification or a claim that an employee who has completed her probationary period has been discharged or disciplined \\ ilhout just cause. may be the subject of a grie' ance and dealt with as hereinafter provided. The discharge of a probationary employee shall be solely in the discretion of the Employer:

to ha,·e the right to plan. direct and control the '' ork of the employees and the operations of the Home. This includes the right to introduce ne\\ and impro,·ed methods. facilities. equipment. and to control the amount of supen·ision necessary. the planning or splitting up of departments. work schedules. and the increase or reduction of personnel in a particular area or overall.

The Employer recognizes that the rights described in the Article shall be exercised in a fair and equitable manner consistent with all pro\'isions of the Collective Agreement.

ARTICLE 10-ACCESS TO FILES

10.01 (a)

Access to Files A copy of any completed evaluation which is to be placed in an employee's file shall be reYiewed with the employee. The employee shall initial such eYaluation as having been read and understood and shall have the opportunity to add her views to such evaluation prior to it being placed in her file. It is understood that such e\'aluations do not constitute disciplinary action by the Employer against the employee.

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Co'tective Agreement between Parkview Meadows Christian Retirement Vil lage and l1UNA Local 3000 January 1, 2018 - December 31. 2019

(b) Each employee shall have reasonable access to all her files for the purpose of reviewing their contents in the presence of her supervisor and Union Steward, if requested. A copy of the evaluation will be provided to the employee at her request. Requests to reviev.· a file must be submitted in writing and shall be on the employee's own time. Requests will nom1ally be granted within three (3) business days of the submission of the request.

(c) Any letter of reprimand. suspension or other sanction will be removed from the record of an employee eighteen ( 18) months following the receipt of such letter. suspension or other sanction provided that the employee's record has been discipline free.

(d) Any third party disciplines shall remain on the employee's file for a period ofthirty­six (36) months provided there are no other incidents.

ARTICLE 11 - SENIORITY

11.01

I 1.02

11 .01

I l.04

11.05

11 .06

Unless othern ise specified in this Agreement. seniority shall accrue based on last date of hire. Seniorit) and service fo r employment will be on the basis that one (I) year of employment equals I 800 hours.

Seniority for the purpnsc of job postings. transfers and rates of pa) shall he \\ ithin the Department and classilication the cmplo~ee is employed in.

An employee \\ho trans fers from casual or regular part time to full time status or full time to regular part time status shall not be required to serve a probationar) period where she has previously completed one since her date of last hin~ .

New!) hired employees shall be considered to be on probation for a period of 450 hours \\orked but no longer than six (6) calendar months. It is understood that the probationary period is exclusive of lea\·es of absence. The Employer shall endeavour to meet\\ ith the employee during their probation to provide performance feedback .

Upon completion of prohationary period the employee's name shall be added to the appropriate seniority lis t.

Where the Employe r requests an extension of the probationary period, the Employer will provide notice to the Union at least fourteen (14) days prior to the expected date of expiration of the initial probationary period. lt is understood and agreed that any extension to the probationary period will not exceed an additional fifty (50) shifts (375 hours) worked and, where requested. the Employer will advise the employee and the Union of the basis of such extension. Such request shall not be unreasonably denied.

Page 13of60

Collective Agreement between Parkvtew Meadows Christian Retirement Village and LIUNA Locar 3000 January l, 2018 - December 31, 2019

It .07 There shall be one ( 1) seniority list for all employees covered by this Collective Agreement who have completed their probationary period. A copy of the list shall be posted four (4) times per year in January. April, July and October. A copy shall be sent to the Local Union Office. The seniority list shall contain the name of the employee the start date and the total number of hours worked in each classification (where employees work in more than one classification) and the total home wide seniority.

11.08

(a)

(b)

( c)

(d)

11.09

(a)

(b)

(c)

Effect of Absence: Seniority, ser\'ice and benefits shall be affected by leaves of absence in accordance \\ ith the following :

It is understood that during an approved absence not paid by the Employer and not exceeding sixty (60) continuous days or any approved absence paid by the Employer. both seniority and sen·ice will accrue.

During an absence not paid by the Employer exceeding sixt) (60) continuous calendar days (other than an absence under the pregnancy/parental pro\'isions ). credit for ser\'ice for purposes of salary increment. \'acation. sick lea\'e. or any other benefits under any pro,·isions of the Collective Agreement else,\here. shall be suspended: the benefits concerned appropriately reduced on a pro~rata basis and the full-time employee's ser\'ice or anni,·ersary date adjusted accordingl) . In addition. the employee will become responsible for full payment of subsidized employee benefits in which she is participating for the period of the absence.

It is further understood that during such leave of absence not paid by the Employer exceeding sixt) (60) continuous calendar days. (other than pregnancy/parental lea\'eS). credit for seniorit~ for purposes of promotion. demotion. transfer or lay off shall be suspended and shall not accrue during the period of absence. and the full­time employee·s seniorit) or anniversary date shall be adjusted accordingly. Not\\ithstanding this provision. seniority shall accrue for a period of thirty-six {36) months if an employee's absence is due to a disability resulting in WSIB benefits.

Notwithstanding this prO\ ision. seniorit) will accrue and the Employer \\ill continue to pay the premiums for benefit plans for employees who are on pregnancy leave or parental lea,·e as required b) applicable legislation.

An employee shall lose all service and seniority and shall be deemed to ha,·e terminated if she:

Lea\'eS of her own accord;

ls discharged and the discharge is not reversed through the grievance or arbitration procedure;

Has been laid off for twenty-four (24) calendar months:

Page 14 of 60

(d)

(e)

(t)

(g)

(h)

( i)

(j)

11.10 (a)

(b)

Collective Agreement between Parkvrew Meadows Christran Retirement Vdlage and liUNA Local 3000 January 1, 2018 - December 31, 2019

Refuses to continue to work or return to work during an emergency which seriously affects the Employer's ability to provide adequate resident care. unless a satisfactory reason is given to the Employer; Is absent from scheduled \Vork for a period of three (3) or more \Vorking days without notifying the Employer of such absence and providing a satisfactory reason acceptable to the Employer; (Employer shall for this purpose mean supervisor or designate):

Fails to return to work upon the termination of an authorized lea\'e of absence without satisfactory reason or utilizes a lea\e of absence for the purpose other than that for which the leave was granted;

Fails upon being notified of a recall to signify her intention to return within five (5) days after she has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fail s to report to work within (7) da}S after she has received the notice of recall or such further period of time as may be agreed upon by the parties;

Is absent from work in excess of thirty-si\ (36) months due illness. accident or WSIB:

Is a casual employee ''hn i!'; unarnilable to \\Ork nt kast one (I) weekend per month. unless an agreemenl oth~rwisi.: has heen made either at the time of hire or during the course of employm~nt:

ls a ca~ual employee \\ho refuses opportunities to work offered to her in a period of four (4) continuous months.

Job Vacancies Where a permanent vacancy occurs in a classification within the bargaining unit or a new position \Vithin the bargaining unit is established by the Employer (unless notified by the Employer of its intent not to fill or postpone the filling of such vacancy in \Hiting. such vacancy shall be posted for a period of seven (7) days. Employees in this bargaining unit may make written application for such vacancy within the time frame referred to herein.

(i) Any temporary \·acancy with an anticipated duration of sixty (60) days or more will be posted. Employees regularly scheduled to work less than sixty­five (65) hours biweekly, shall be given the first opportunity to fill temporary vacancies. The Employer will outline the employee selected to fill the vacancy the anticipated conditions and duration of such vacancy.

(ii) An employee returning from leave of absence shall have the right to return to her former position. In instances where an employee returns to \\Ork prior to the estimated date of return the Employer shall not be liable for payments to the resulting displaced employee(s). ln the event that a part-time

Pagel5of60

Collective Agreement between Parkview M eadows Christian Retirement Village and UUNA Local 3000 January 1. 2018 - December 31, 2019

employee is the successful applicant. the parHime employee shall retain his/her part-time status during the temporary full-time period. Nothing here in shall prevent the Employer from temporarily filling any position or vacancy for a period of up to sixty (60) days duration as the Employer may deem appropriate.

(iii) An employee tilling a temporary vacancy of sixty (60) days or longer duration shall not bid on any other temporary position until the end of histher temporary position. unless an opportunity arises which allo\\ s a part time employee to bid on a temporary full time posting.

(i\") Part-time employees who fill temporary full-time positions shall continue to be treated for all purposes as part time employees.

{C) The first and second subst:quent rncancies created b) the filling of a posted vacanc) will be posted for tin! (5) consecuti\e calendar days. All other subsequent rncancies need not be posted.

(d) At the request of the employee. the Employer will discuss with unsuccessful applicants \\ays in which they can improw their qualifications for future postings.

(e ) Employees shall be selected for job postings on the basis of their skill. ability. experience and qualifications. Where these factors are rdati,·ely equal amongst the emplo) ees considered. seniority shall go\ ern.

O) When considering applications for \ acancies. the Employer will first re,·ie\\ those from '' ithin the classificat ion \\here the rncanc) occurs. 1 f no applicant is chosen from within this group. then the Employer \\ill next consider applicants from else\\ here in the bargaining unit.

(g) \\'here the applicant has been selected in accordance '' ith this Article and it is subsequently determined that she cannot satisfactorily perform the job to which she \\·as a\\arded. the employee or the Employer may. during the first thirt) (30) shifts worked from the date on which the employee \\as first assigned to the rncancy. return her to her former job. and the filling of the subsequent vacancies \\ ill likewise be re,·ersed.

(h) Vacancies which are not expected to exceed sixty (60) days and vacancies caused due to illness. accident or leaves of absence may be filled at the discretion of the Employer. in accordance with Article 13.

(i) Where part time employees fill temporary full time vacancies. such employees shall be considered regular part time and shall be co\·ered by the terms of this agreement. Upon completion of the temporary vacancy. such employee shall be reinstated to her former position. unless the position has been discontinued. in which case she shall be given a comparable job.

Page 16of60

I I. I I

11.12

Collective Agreement between Parkvlew Meadows Christian Retirement Village and L1UNA Local 3000 January 1, 2018 - December 31, 2019

G) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure has been complied with and arrangements have been made to permit the employee selected to fill the vacancy to be assigned to the job.

(k) An employee 's status. part-time/full-time shall continue until such time as a posting is permanent.

(I)

(a)

(h)

(a)

Where an employee posts into a temporary or permanent position and is the successful candidate. the employee shall not be considered for another position for a period of six (6) months or in the case of a temporary position. until the expiry of the posting. unless the employee is posting into a higher rate of pay or more available hours.

Lavoff Notice In the e\·ent of a proposed layoff of a permanent or long-term nature. the Emplo) er \\ill provide the Union with at least six (6) calendar weeks' notice. This notice is not in addition to required notice for individual emplo) ees. In addition the Employer will meet with the Union to discuss the reason for the layoff. the ser\'ice the Employer will be providing after the layoff and the method of implementing the la) off.

ln the c\'cnt of a layoff of a permanent or long-term nature. the Employer \\ill pro\ ide affected t:mplo~ ~cs with notice in accordance \\ ith the Employmenl Standard\· Act.

Lay-off and Recall Procedures In the event of a permanent or long-term lay-off. the Employer shall layoff employees within the affected classification in the reverse order of their seniority. provided that there remain on the job employees v.ho have the ability and qualifications as required by law to perform the \Vork. Subject to the foregoing. probationary employees shall be first laid off.

( b) An employee in receipt of notice of layoff may:

(i) Accept the layoff: or

(ii) Displace another employee who has less bargaining unit seniority in a lower or identical paying classification and who has equal or fewer scheduled hours provided the employee originally subject to layoff is qualified to meet the normal requirements of the job without training other than orientation.

(iii) An employee who chooses to displace another employee shall advise the Employer of his or her intention to do so and the position claimed within three (3) days after receiving the notice of layoff.

Page l 7of60

Collective Agreement between Parkview Meadows Christian Ret irement Village and L1UNA Local 3000 January 1, 2018 - December 31, 2019

(iv) In the event that there are no employees who could be displaced under paragraph (b) (i), provided she is qualified as above, the laid off employee may bump a less senior employee with up to ten ( 10) more regular!) scheduled hours biweekly than the laid off employee.

(\') In the event that there are no employees who could be displaced under paragraph (b) (iii). provided she is qualified as above. the laid off employee may bump a less senior employee who has equal or fewer scheduled hours where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5% ) of the laid off employee· s straight time hourly rate.

( ,·i) All employees ,,·ho are potentially impacted will be given notice of la) off at the outset of the process as required under the Employ111e111 Swndarcls .-let.

(vii) It is understood. that a full-time employee can bump full-time employees first. before bumping part-time employees.

(c) Employees shall be recalled from a lay off to an available opening. in order of seniority. pro,·ided she has the ability and qualifications as required by la\\ to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not appl) until lhe recall process ha<; been completed. In delermining the ability and qualifications of an employee to perform the work for the purposes of the paragraph abo\'e. the Employer shall not act in an arbitrar) manner.

(dl (i) An employee recalled to work in a different classificalion from \\hich she \\as laid off shall ban~ the privilege of returning to the position she hdd prior to the layoff should it become vacant within six (6) months of being recalled.

(ii) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so. in accordance with the loss of seniority pro\·ision. or ha,·e been found unable to perform the work available.

I I. I) Grievances concerning layoffs due to a reduction in the working force shall be initiated at Step 2 of the Grievance Procedure.

11 .14 Any agreement between the Employer and the Local Union resulting from the review above concerning the method of implementation will take precedence o\·er the terms of this Article. Notice of layoffs shall be in accordance with the provisions of the Employment Standards A ct.

Page 18of60

11. ls (a)

Collective Agreement between Parkview Meadows Christian Retirement V llage and LiUNA Local 3000 January 1, 2018 - December 31, 2019

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

(b) [n the event that an employee is transferred out of the bargaining unit under (a) above for the specific term or task which does not exceed a period of twelve ( 12) months or an academic )ear and is returned to a position in the bargaining unit, she shall not suffer any loss of seniority. service or benefits. It is understood and agreed that an employee may decline such offer to transfer and that the period of time referred to above may be extended by agreement of the parties.

ARTICLE 12 - LEAVES OF ABSENCE

12.01 (a) Written requests for personal Jea\·es of absence.\\ ithout pa) will be considered on an indi,·idual basis by management. subject lo the operations of the home Employer.

12.02

fb)

(c)

(d)

(e)

(a)

Requests must be submitted in \\ riting \\·ith as much notice as possible but no less than fourteen ( 14) days in ad\'<rnce of the date the kave is to start. except in the case of an cmergenc). It is understood that lhe greater the notice period. the greater the opportunity for the Employer to grant the request

The employee will state the reason for the leave. when it is to commence and \\hen it \\ill end.

The Department Head or designate will provide a \Hitten response\\ ithin seven ( 7) days of the receipt of the written request. provided the request was submitted to the department head or designate.

Employees returning lo work after an approved leave of absence will be expected to return as per their schedule. It is the responsibility of the employee to confirm \Vith the Employer their return date.

Leave for Union Business Where an employee has been elected to the Executive board of the Local Union or has been offered a position with the Union. she shall be granted up to one-year leave of absence to fulfill such position\\ ithout loss of seniority.

(b) It is understood that not more than one ( 1) employee in the bargaining unit may be on such leave at the same time. Such leave. if granted. shall be for a period of one (I) calendar year from the date of appointment unless extended for a further speci fie period by agreement of the parties. Seniority shall accumulate during such leave to the maximum provided, if any, under the provisions of the Collective Agreement.

Pagel9of60

12.03

12.04

Collective Agreement between Parkview M eadows Christian Retirement Village and L!UNA Local 3000 January l, 2018 - December 31, 2019

It is agreed that for the purpose of WS IB coverage. such employee shall be deemed to be employed by the Union.

(c) The employee shall be required to ensure that they have the necessary skills to resume their previous position and if orientation is required the Union shall be responsible for the cost of the re-orientation. During such leave, the employee's salary and application benefits shall be maintained by the Employer and the nion. agrees to reimburse the Employer in the amount of the full cost of such salary and applicable benefits.

(d) Where the Employer grants an employee time off for Union business. other than in paragraph (a). then during such lea\'e the employee's salary and applicable benefits shall be maintained by the Employer and the nion agrees to reimburse the Employer in the amount of the full cost of such salary and applicable benefits.

(a)

(b)

(c)

(d)

(e)

(f)

Bereavement Lea,·e Upon the death of an employee's immediate family member an emplo) ee shall be granted lean! of five (5) consecuti\'e working days without loss of pay to grit!\'e. Immediate family shall be deemed to include an employee's spouse (including same sex panner) child. stepchild and grandchildren.

Upon the dt!ath of an employee's mother. father. step-mother. step-father. brother. sister. legal guardian. mother-in-law. father-in-la\\ . brother-in-law. sister-in-law. grandparent. grandparent-in-la''" son-in-la\\· or daughter-in-la\\ the employee shall be granted lea\'e of four ( -i) consecuti ,.e \\ orking days \\ ithout loss of pa) to grie\ e.

In the e\·ent of a delayed interment. an employee ma) sa,-e one of the days identified above \\ ithout loss of pay to attend the interment.

An employee shall be granted one (I) da) bereavement lea\·e \\"ithout loss of pay on the death of his or her aunt or uncle.

There shall be no pyramiding of benefits or pay. An emplo) ee will not be eligible to recei,-e payment under the terms of Bereavement Leave for any other period in which she is receiving payment for holida) pay. vacation pay. sick pay or when the employee is on a lea\·e of absence.

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

Jurv and Witness Dutv If an employee is required to serve as a juror in any court of law. or is required to attend as a witness in a coun proceeding in which the Crown is a party. or is required b) subpoena to attend a coun of law or coroner's inquest in connection \\ith a case arising from the employee's duties at the Home, the employee shall not

Page 20of60

12.05

Collective Agreement between Parkview Meadows Christian Ret irement V' llage and L1UNA Local 3000 January l , 2018 - December 31, 2019

lose regular pay because of such attendance and shall not be required to work on the day of such duty provided that the employee:

(a) Notifies the Employer immediately on the employee's notification that she \Viii be required to attend court;

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

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

(a) Pregnancy Leave An employee who is pregnant shall be entitled. upon application. to pregnancy leave and parental leave immediately thereafter. Pregnancy leave shall be granted for seventeen ( l 7) weeks as provided in the Emplvy111ent Standard\· Act. and ma) begin no earlier than seventeen ( 17) weeks before the expected birth date.

(b) The emplo) ee must have started employment \\ ith her Employer at least thirteen (13) weeks prior to the expected <lat\! of birth. In addition. an employee must complete ten (I 0) months of continuous ser\'ice prior to the expected date of birth to be paid a supplemental Employment Insurance Benefit.

(c) An employee on pregnancy leave \\ho is in receipt of Emplo) ment Insurance pregnancy leave b~ndils shall be paid a supplemental Employment Insurance Benefit

(d) That benefit \\ill be the equivalent to the difference between se\enty-five percent (75% ) of her regular weekly earnings (which for parHime employees shall include any in-lieu payment. if applicable) and the sum of her week I) rates of Employment Insurance Benefits. In any \\eek. the total amount of SUB payments and the weekly rate of E.I. benefits will not exceed seventy- five percent (75%) of the employee's regular weekl) earnings.

(e) Vested Interest - Employees do not have a right to SUB payments except for supplementation of E.I. benefits during the unemployment period as specified in the plan.

(f) Other Income - Payments in respect to guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.

(g) Such payment shall commence after the two (2) week employment insurance \vaiting period and shall continue while the employee is in receipt of such benefits for a maximum period of seventeen ( 17) weeks. The employee will endeavour to provide a copy of the Employment Insurance cheque stub within two (2) weeks of receipt of the employee's EI benefit.

Page 21of60

12.06

Collective Agreement between Parkv1ew Meadows Christian Retirement Vdlage and liUNA Local 3000 January 1, 2018 - December 31, 2019

(h) The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate. on her last day worked prior to the commencement of the leave times her normal weekly hours.

(i) The regular hourly rate shall be calculated to include all of the employee's insurable earnings as defined by the Employment Insurance System.

0) The SUB top-up by the Employer would not take into account E.I. insurable earnings from sources other than this facility.

(a) Parental Leave An employee who becomes a parent of a child is eligible to take a parental lea\'e in accordance \Vi th the provisions of the Employment Swndard\ Act. except \\here amended by this provision.

(bl The emplo)eC shall be reinstated to her former position. unless her former position has been discontinued. in which case she shall be gi\·en a comparable job.

ARTICLE 13 - HOURS OF 'WORK

13.01

13.01

(a)

(b)

13.03

The normal hours of work for full-time emplo) ees shall be between 6.5 and 7.5 paid hours per day. exclusi\'c of one-half t 112) hour meal break. and between sixt)­tive (65) and seventy-five (75) hours bi-weekly. Nothing in this collecti\·e agreement shall be construed as a guarantee of hours of work per da~ or per \\eek or the days of work per \\eek.

Except \\·here mutual I) agreed othernise bel\\een the Employer and an emplo) ee. shift schedules shall be arranged so that:

All employees \\ill not be scheduled for \rnrk more than (6) consecuti\·e da)s. unless mutually agreed.

The Employer \\ill schedule full time employees to two {2) weekends off in four ( 4) and. except if an emplo) ee agrees otherwise or has been hired for weekend work.

Shift Exchane:es If for their own personal convenience. employees wish to change shifts with other qualified employees. they shall submit a request in \Hi ting one (I) week in advance. of the proposed change. to their Supervisor or designate. The time requirement shall not be mandatory \\here it is not possible for an employee to meet it. The Supervisor \.Viii endeavour to respond to the request within one (I) business day of its receipt. The Employer shall not be responsible or liable for overtime claims and non-compliance with the above provisions that might arise or accrue as a result of the exchange of shifts.

Page 22 of60

Collective Agreement between Parkview Meadows Christian Retirement Village and UUNA local 3000 January 1, 2018 - December 31, 2019

13 .04 Rest Periods

• Up to 3.75 hours

• 3.75 hours to 5 hours incl. • Greater than 5 hours to 6.5 hours

• 6.5 hours or more

Nil I

2

(a) Rest period shall consist of fifteen (15) minutes.

(b) Unpaid meal period of one-half ( Y2) hour \\ill be scheduled by the Employer for shifts of 5 hours or greater. The Employer will use its best efforts to ensure that such one-half ( Y?) hour period is uninterrupted. It is recognized that emergency situations do arise. and at such times the employees may be requested to interrupt their lunch period.

( c) RN Rest Periods

1.1.05 (a)

In the e\·ent that a meal period is interrupted requiring an Employee to attend to a work related problem. then the balance of the unused meal period will be taken \\·ithin two (2) hours of the interruption. If the Employee is unable to reschedule such time. she shall be paid her regular straight time hourly rate and shall not contribute to overtime.

A II regularly schedukd employees shall be on master schedules. Based on arnilability. the Employer shall endem·our to schedule part-time employees as equitably as possibk. prior to the posting of the schedule.

(b) All part-time employees are responsible to ensure that they ad\'ise their department head or designate of their availability to work additional shirts in writing. This a\'ailability shall be used to fill shifts prior to the posting of the schedule. Once the schedule is posted call in's will be done in accordance to article 13.08.

(c) Causal employees are responsible to provide their arnilability to the Manager in accordance \\ith 22.05 (b). Casual employees are required to provide their availability for a minimum of four ( 4) shifts per month. which will include:

(i) One (I) \\eekend (Saturday and Sunday) or;

(ii) One (I) Saturday and one (I) Sunday within the month or;

(iii) Two (2) Saturdays or two (2) Sundays with the month.

(d) Any vacancies on the schedule prior to the posting will be scheduled to available part.time employees, provided they submitted their availability as per 13.04 (b) and then casual employees prior to the posting of schedule, thereafter, call ins will be in accordance with 13.08.

Page 23 of 60

Collectrve Agreement between Parkvrew Meadows Chrrstran Retirement Village and LiUNA l ocal 300Q January 1, 2018- Oecember 31. 2019

13.06 Shift schedules co\·ering at least a four (4) week period will be posted two (2) weeks in advance. Employee requests for specific days off must be submitted to the Department Head in \\'riting one (I) week in advance of the posting of the schedule.

13.07 Daylight Savings Time

13 .08 (a)

(b)

Where the employee is scheduled to work on either Daylight savings time or Eastern Time. employees shall be paid for all hours actually worked at non­overtime rate.

Where the employee has complied with scheduling provisions requesting a lieu day. the approved lieu day shall appear on the schedule.

(i) Full-time employees shall be allo\\ed to gi' e away (I) shift of their choice each month. these gi,·e away shifts are non-accumulating. It is the employee·s responsibilit) to pro,·ide the Employer \\ith a signed form b) both employees.

(ii) The Employer shall not be responsible or liable for overtime claims and non-compliance "' ith the pro\'isions of this agreement that might arise or accrue as a result exercising this choice.

13.09 Call In Calls for additional shifts once the work schedule has been posted shall be made from a call-in list of employees \\orking less than seventy-the (75) hours bi\\eekl) \\ho have indicated their availability to work additional hours. The lists shall be in order of seniority for each classification. Employees will be called in on a rotational basis to fill rncancies. Part-time staff will be called first and then casual. Where o\·ertime is offered. it \\ill be offered to full -time staff first.

13.10 In the case '"here the employee's schedule is changed "ith less than twenty-four (24) hours· notice. it is the Emplo)er's responsibility to notify the employee. Failure to give notice shall result in the provisions above 14.04 being applied.

13.11 Where an employee is called back to work on the same day after having completed a full 7.5 hour shift and having left the Home, she shall be gi,·en a minimum of four ( 4) hours pa) at one and one-half ( t Vi) times her regular rate of pay for such call­back.

13.12 It is the responsibility of the employee to consult the posted work schedule. The Employer\\ ill endeavour to provide as much advance notice as practicable. no less than twenty-four (24) hours. of the change in the posted work schedules. Changes to the posted work schedule shall be brought to the attention of the employee.

13 .13 An employee who works a second consecutive full shift, shall be entitled to the nonnal rest period and meal period for the second shift, and shall be provided at the time of the meal period \Vi th a meal.

Page 24of60

Collective Agreement between Parkview Meadows Christian Ret rement Wlage and LIU NA Local 3000 Januarv 1, 2018- Decem ber 31, 2019

ARTICLE 14 - PREMIUM PAYMENT

14.01 (a)

(b)

(c)

(d)

14.02 (a)

(b)

(c)

(d)

14.03

Overtime shall be considered voluntary provided that if sufficient qualified employees do not volunteer to enable the Employer to maintain the scheduled service, the Employer may require employees in reverse order of seniority to work overtime. The Union consents to the working of overtime in such circumstances.

All overtime must be authorized by the Administrator or designate.

(i) The Employer shall endeavour to divide overtime equally. in accordance with this provision amongst the employees who are willing and qualified to perform the work that is available. All overtime declined by an employee shall be counted as overtime \vorked for the purposes of equal ove11ime distribution .

(ii ) All O\Wtimc will be offorcd to full time employees first in order of seniorit~ on a rotational basis. then to part time employees on the same basis.

(iii) Emplo)ees \\ho do not wish to be called shall ad,·ise the Lmployer 111

\Hi ting.

Paragraph (c) shall not apply where O\'ertime is to be worked as a re-;ult of a shift extension. Such mcrtime ,,·ill be offered. by seniority. to those employees on shift \Vho are \\Orking in the classification \\here the overtime is to be \\Orked. The Employer \\ill ensure that shifts will not be extended so as to a\'oid call-ins under 13 .08.

On!rtime shall be paid for all hours worked. which ha\'e been authorized. over se\en and one half (7 \/2) hours in a shift or seventy-the (75) hours bi\\eekly. at the rate of time and one-half (I '12) the employee's regular rate of pay.

Notwithstanding the foregoing. overtime will not be paid for additional hours ·worked during a twenty-four (24) hour period either as a result of change in shift on the request of an employee or a changeover to daylight saving from standard time or vice versa or an exchange of shifts by two (2) employees.

Notwithstanding the foregoing, no overtime premium shall be paid for a period less than fifteen ( 15) minutes of overtime work where the employee is engaged m reporting functions at the end of her normal daily shift.

Note: It is understood that the above does not apply should the Employer schedule twelve { 12) hour shifts.

Overtime premium will not be duplicated for the same hours \Vorked nor shall there be any pyramiding with respect to any other premiums payable under the provisions of this Collective Agreement, unless otherwise stated.

Page 25of60

Collective Agreement between Parkview Meadows Christian Retirement Village and l1UNA local 3000 January 1. 2018- December 31, 2019

14.04 An emplo)ee \\ho reports for work as scheduled and no work is available. shall receive a minimum of four (4) hours' pay or her regularly scheduled hours. whichever is less. at her regular straight time hourly rate provided she performs an) duties assigned by the Employer which she is capable of doing.

14.05 Overtime may be compensated as paid time off where one ( l) hour of overtime results in one ( 1) hours of time off at straight time rates. Such lieu time will be in the discretion of the Employer. Requests for lieu time by an employee will not be unreasonably denied.

ARTICLE 15- PAID HOLIDAYS

15.0 I An employee who otherwise qualifies shall receive the folio\\ ing as paid holidays:

New Year's Da) Good Friday Victoria Day Canada Da)

Labour Da) fhanksgi\·ing Day Christmas Da) Boxing Da)

Ci\·ic lfolida) Family Day

15.02 In addition to the paid holida) s above. all full-time employees who han! completed their probation shall receh·e t\\O (2) float holidays and all part-time employees who have completed their probation shall receh·e one (I) float holiday fore\ ery calendar year. Requests for such float days shall be in accordance with scheduling prov1s1ons.

15.03

) 5.0-4

15 .05

(a)

(b)

The intent is that then! shall be no more than eleven ( 11) paid holidays for part-time employees and t\\·eh·e ( 12) paid holidays for full·time employees during. the term of this agreement. If another Federal. Pro\'incial. Municipal holiday should be proclaimed during the term of the Collective Agreement. such additional holiday \\ ould replace one (I) of the float holidays in the Collective Agreement.

Holiday pay \\·ill be computed for part-time and casual employees on the basis of the total amount of regular \\ages earned and vacation pay pa) able to the employee based on t\\enty (20) calendar days prior to the stat paid holiday divided by twenty (20) . For fl.ill-time employees. holiday pay will be computed based on the number of hours the employee would normally work on the holiday.

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

Legitimate illness or accident, which commenced within a month of the date of the holiday, provided such illness or accident is verified by the submission of a Doctor's note;

Vacation granted by the Employer;

Page 26of60

( c)

(d)

15.06

I 5.07 (a)

(b)

Col ective Agreement between Parkview Meadows Chr st1an Retirement Village and LiUNA Local 3000 January 1, 2018 - December 31, 2019

The employee's regular scheduled day oft;

A paid leave of absence provided the employee is not otherwise compensated for the holiday.

The Employer shall schedule all employees off a minimum of two days in a fO\.\

either Christmas or New Year's. Where an employee is scheduled to be off on Ne\\ Year's Day the employee shall also be scheduled to be off on Ne\\ Year's Eve. Normally. Christmas one year and Ne\.\ Year's the next. In order to accommodate this. it is understood that the Christmas and New Year's schedule may be reasonably amended from the normal schedule.

An employee ""ho works on a paid holiday shall be paid time and one half (I Y2) her regular rate of pay for al I hours worked on the holiday. except for those hours\\ hi ch are overtime hours ""here the rate of pay shall be twice her regular straight time rate. Such employee shall also be entitled to her choice of holiday pay. calculated under 15.04 or a day off with holiday pay calculated under 15.05. Requests for such days off shall be made in accordance with the scheduling provisions.

Where an employee qualifies and :

l i) Where a hol ida~ falls during their employee's scheduled \'acation period. her vacation shall be extended b) one (I) day unless the employee and the Employer agr~c to schcduk a different day off with holiday pa).

(ii) Where a holida) falls 011 an employee's scheduled day off. an additional day off with holiday pay \\ill be scheduled.

(iii) All lieu days shall be taken at a mutually agreeable time "'ithin the following sixty (60) calendar days. If the employee wishes to extend this time period the request must be made to the CEO and requests will not be unreasonably withheld.

(iv) Where the parties can't agree on a lieu day off, the Employer shall schedule the employee off and pay the employee the holiday pay earned if it has not already been paid.

ARTICLE 16 - VACATIONS

16.01

(a)

All employees shall receive vacations \Vith pay based on length of continuous service as of December 31st of each year as follows:

Employees who have completed more than one ( l) but less than three (3) years continuous service shall receive: two (2) weeks (pay equal to 4% of gross earnings).

Page 27 of60

16.02

16.03

16.0-t

16.05

16.06

16.07

16.08

(b)

(c)

(d)

(e)

( f)

(a)

Collective Agreement between Parkview Meadows Christian Retirement Village and l1UNA Local 3000 January l, 2018 - December 31, 2019

Employees who have completed three ( 3) years or more continuous sen·ice shall receive-:- three (3) weeks (pay equal to 6% of gross earnings).

Employees who have completed eight (8) years or more continuous service shall receive-:- four ( 4) weeks (pay equal to 8% of gross earnings).

Employees who have completed fifteen ( 15) years of more continuous ser\'ice shall recei\'e-:- five (5) wee"s (pay equal to I 0% of gross earnings).

Employees who have completed twenty-fi\'e (25) years of more continuous service shall receive: 6 \veeks (pay equal to 12% of gross earnings.)

For part-time employees. years of sen ice will be based on the formula established under Article I 1.0 I

Those employet!s \\ho. as of September 13. 2007. had been granted li\·e (5) \\eeks paid rncation shall be grandfathered at that higher leYel of benefit.

Employees shall not \\ah·e rncation and draw double pa). The ,·acation ) ear shall be the Calendar year. 1 fan employee does not take vacation in a) ear. the rncation pay accrued and pa) able in that year'' ill be paid the employee in the last pay day of that year.

Vacation may be taken at an) time in the '<acation year. unless othem ise specified in this agreement and not in conjunction with the pre\'ious year's rncalion.

Employees \\'ho have lost lheir seniority and ha\·e terminated their employment (for whate\·er reason) shall recei\'e all outstanding vacation pay on their final cheque.

The Employer will undertake to pro,·ide all employees with a breakdown of \·acation total earnings. Vacation pay will be paid to all employees on the regular pay day which corresponds'' ith the vacation lea\ e.

Vacation requests bet\\een December 15111 and January l 51h may be taken on a first come first serve basis at the discretion of the Employer. The granting or denial of requests\\ ill be on a case by case basis. Employer will respond in writing to all first come first serve vacation requests within se\'en (7) calendar days.

Scheduling A vacation request sheet will be posted by February I st of each year and will be removed on March 1st for \·acation requests during the period from May 15th to November 15th of each year. Vacation schedules/approval lists will be posted by April I st.

(b) A vacation request sheet will be posted by September 1st of each year and will be removed by October 1st for vacation requests during the period from November

Page 28of60

(c)

(d)

(e)

(f)

16.09

16.10

16.11

Collective Agreement between Parkvrew Meadows Christian Retirement Village and liUNA Local 3000 January 1, 2018 - December 31, 2019

16th to May 14th of each year. Vacation schedules/approval lists will be posted by October 15th.

Granting of requests \Viii be determined by the operations of the department/classification and will be granted subject to seniority, requests submitted after the fact will be granted on a first come first serve basis. Employer will respond in writing to all first come first serve vacation requests within seven (7) calendar days.

Vacation requests which are not received by the dates specified above \viii only be granted if operational requirements are met. Any such requests must be submitted a minimum of two weeks before the start of the requested vacation.

Vacations shall normally be limited to a maximum of two 2 weeks during the peak period of July and August. Once all posting requests have been accommodated for two week requests. then a three week request will be considered. Where more than one request is submitted for the same period, seniority shall prevail. Seniority can only be accessed once during a calendar year.

A week of vacation shall be defined as seven (7) consecutive davs.

Employees \\ho han: three (3) weeks or more \acation. may use t\\O (2) weeks as single da) vacations. It is unuerslood. that pay for such days shall not result in more money than the cmplo) ec \\mild have received had the employee taken their vacation in a block or one ( 1) \\'eek . (Note one (1) week of vacation = seven (7) consecutive days fi\'e (5) \\orking days and 2 days of(t). Single day vacation requests ''ill not be considered during peak vacation periods if such requests interfere with the granting of weekly vacation requests.

Vacation pay for all other (part-time. casual. students) employees will be paid out biannually on the last full pay of December/June of each year on a separate cheque.

All vacation must be taken during the calendar year and cannot be carried fonvard into the next calendar year. Any unused vacation shall be paid out in the last pay period of the current calendar year.

ARTICLE 17 - SICK LEA VE

17.01

(a)

It is understood that sick leave credits are for the sole purpose of providing income protection for employees who arc legitimately ill and unable to report to work as scheduled. The Employer reserves the right to request proof of illness for any absence. Where the Employer requests a doctors' note. the Employer will cover the cost of the note.

A person hired into a full-time position who has more than 1800 hours service as of the first day in the position shall be entitled to earn sick leave credits, at the rate

Page 29 of60

Collective Agreement between Parkview Meadows Christian Retirement Village and l1UNA Local 3000 January l , 2018- December 31, 2019

of 7 .5 hours for each 162.5 hours worked, from the first day in the position. All others hired into a full-time position shall work 1800 hours in the position at which time 4 days sick credits shall be credited to the bank. Thereafter such employees will be entitled to earn further sick leave credits at the rate of 7.5 hours for each 162.5 hours \\Orked

(b) Employees shall be paid their regular wages for scheduled hours absent due to illness until their sick accrual bank is exhausted

(c) Full-time employees may accumulate a maximum of twenty-four (24) days.

(d) An employee absent by reason of sickness or accident may elect not to take sick leave with pay. Such requests must be made in \Hiting.

(e) Absence compensable by the Workplace Safety and Insurance Board (\\'SIB) \\ill not be charged against the sick leave credit.

(t) Any employee absenting himself on account of personal illness mu t notify the Employer on the first day of illness before the time he would normally report for duty. Failure to gi\'e adequate notice. unless such failure is una,·oidable. may result in loss of sick leave benefits. for that day of absence.

ARTICLE 18 - HEAL TH AND \VELF ARE BENEFITS

18.01

18.02

18.03 (a)

(b)

(c)

(d)

The Employer shall continue the current insured benefits scheme \\ithout change. The premiums for the dental co\'erage shall be shared 50% Employer and 50% employee. The premiums for all other insured benefits shall be shared 80% Employer and 20% employee. Bene tits under thi paragraph shall only be a\'ailable to full-time employees.

Part-time employees shall be entitled to a payment in lieu of benefits .60 cents per hour on all hours paid.

The current group RRSP I Pension Plan shall continue \\ith matching Employer/Employee contributions to a maximum of 3 .5%. The Emplo) er agrees to provide details of the plan to the Union. Effective the first full pay period fo!IO\ving July l . 2017. increases Employer/Employee contributions to a maximum of 4.00%.

This plan is available to part-time and full-time employees after the completion of one ( 1) year of employment.

The Employer is required to match the employees who participate in the RRSP pension plan for all straight time hours worked. This includes the straight time component of holiday pay and \'acation pay. Pension contributions will not be paid on any other premiums. allov .. ances or payments.

Page 30of60

Collective Agreement between Park11 ew Meadows Christian Retirement Village and UUNA Loca' 3000 January 1. 2018 - December 31. 2019

I 8.04 The Employer agrees to provide all employees with a uniform allowance of five (0.05) cents for each paid hour.

Both parties have proposals to this matter. The parties will meet during the term of the collective agreement to review the Employer·s received benefits for the home for supplying uniforms to bargaining unit staff and the Union·s concerns on how such practice will not meet the needs of the bargaining unit.

18.05 Vision Benefit is $300.00/24 months.

ARTICLE 19 - MISCELLANEOUS

19 .0 I It shall be the duty of each employee to notify the Employer promptly of any change in address or an) change in temporary residency. If an employee fails to do this, the Employer\\ ill not be responsible for failure of a notice sent by registered mail to reach such an employee. An employee shall notify the Employer of an) change to her telephone number.

19.01 Prior to effecting any significant changes in rules or policies which aftect employees covered by this Agn:ement. the Employer will discuss the changes "ith the Union and pro\· id~ copil!s to the Union. This clause shall not apply where the change in rules or policies comes about a a result of changes in th~ legal or regulatory frame\\ Ork in which the Employer operates.

19.03 The Employer shall provide a bulletin board for the Union to post notices.

ARTICLE 20 - EDUCATION

20.0l

20.02 (a)

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

If required by the Employer. an employee shall be entitled to a leave of absence with pay at her regular straight time hourly rate of pay and without loss of seniority and benefits to upgrade his or her employment qualifications. Where employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full cost associated with the courses.

Page 31 of60

(b)

(c)

20.03

Collective Agreement between Parkv1ew Meadows Clmstian Retirement Village and l1UNA local 3000 January l , 2018 - December 31, 2019

Paragraph (a) shall not apply to an employee who is hired and as a condition of hire must complete a course of study to obtain a certificate or degree associated with the classification for which she is hired. If the Employer requires employees to be proficient in First Aide or CPR it will provide in-service training at no charge to such employees.

Leave ofabsence, without pay, for the purposes of further education directly related to the employee's employment with the Employer may be granted on written application by the employee to management. Requests for such leave will not be unreasonably denied and are subject to the operations of the fteffie Employer. All requests shall be reviewed on an indi\'idual basis.

ARTICLE 21 - \VAGES

2 l.01

21 .02

21 .03

21.04

21.05

Employees shall be classified and paid in accordance with the Emplo) ee Pa: Grid attached to this agreement. Increases in pay \\ill be implement on the first ful l pay period following the effecti\'e date of the increase.

Employees shall be paid every second Friday. for a l\\O (2) week period commencing on a Monday and ending on a Sunday.

When a new classification (\vhich is covered by the terms of this agreement) i established b) the Employer. the Employer shall determine the rate of pay for such new classification and notify the Union of the same within se\'en (7) days. If the Union challenges the rate. it shall have the right to request a meeting with the Employer to endea\'Our to negotiate a mutually satisfactory rate. Such request will be made within ten (I 0) days after the receipt of notice from the Employer of such ne\\ occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be rdroacti\·e to the date that notice of the new rate was given by the Employer. If the parties are unable to agree. the dispute concerning the new rate may be submitted to arbitration as pro,·ided in the Agreement within fl fteen ( 15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification.

When the Employer makes a substantial change during the term of the Agreement in the job content of an existing classification which in reality causes such classification to become a new classification. the Employer agrees to meet with the Union if requested to permit the Union to make representation with respect to the appropriate rate of pay.

If the matter is not resolved following the meeting with the Union the matter may be referred to arbitration as provided in the Agreement within fifteen ( 15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates

Page 32 of60

21.06

21.07

21.08

21 .09 (a)

(b)

21.l 0

Collective Agreement between Parkview Meadows Christian Retirement Village and L1UNA Local 3000 January 1, 2018 - December 31, 2019

for other classifications in the bargaining unit having regard to the requirements of such classifications.

The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Employer.

In the event of an error on an employee's pay, the correction \viii be made in the pay period following the date on which the error comes to the Employer's attention. If the Employer makes the error resulting employee being underpaid by one day's pay or more, the Employer will provide payment for the shortfall within three (3) business days from the date it is notified of the error. If the error results in the employee being overpaid, the overpayment shall be deducted off the next pay or the emplo) ee can provide the Employer \\ ith a cheque in the amount of the overpa) ment or other arrangements as agreed betv. een the Emplo) er and the employee.

When an emplo1ee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying classification in the bargaining unit for a period in excess of one·half (112) shitl. she shall be paid the rate of pay in the wage grid (Schedul~ (A) that pro\'ides a higher rate of pay than she was being paid on her own job. This rate of pay may be in the same job classification or in the higher job classification. \.\hich ever pay rate is imtm~diately above the employee·s current rate of pa). from the commcncemenl of the shift on which she \.\as assigned the job.

Standby and Call-In An employee who is required lo remain available for duty on standby outside her or his regularly scheduled working hours shall receive standby pay in the amount of two dollars and fifty cents ($3.80) per hour for the period of standby scheduled by the Employer. Where such standby duty falls on a weekend or paid holiday. the employee shall receive standby pay in the amount of three dollars and fifty cents ($4.90) per hour. Standby pay shall. however. cease \\here the employee is called in to \Vork.

When an employee is required to \.\.Ork (in circumstances where the employee is on standby or where Employer asserts that the employee is not allowed to decline attendance) outside of regular hours, the minimum payment will be equivalent to four ( 4) hours work or time and one-half ( 1 'h) her applicable hourly rate for hours worked. \.\hichever is greater. Where the hours worked are continuous with the commencement of her regular shift, the minimum payment \.\ill not apply and she will recei\'e payment at the rate of time and one-half (I Yi) for the hours worked prior to the commencement of her regular shift.

Employees within their job classification will progress from the "start rate" to the "one year rate" and so on, on the basis of the definition of one ( 1) year equals 1800 hours worked. Hours worked and paid for, and hours not worked and paid for by

Page 33 of60

21. I I

21.12 {a)

(b)

21. I 3

21. I~

21. I 5

Collective Agreement between Parkview Meadow~ Christian Retirement Village and liUNA local 3000 January 1. 2018 - December 31, 2019

the Employer, and hours not worked and paid for under the Workers ' Compensation Act shall be considered hours worked for the purpose of computing eligibility to progress to the next higher rate within their position classification.

There shall be no pyramiding of any payments or benefits.

Where an employee is required to rotate over two (2) or more shifts the employee shall receive a shift premium of twenty-eight (28) cents per hour, \\here the majority of hours fall between the hours of 3:00 p.m. one day and 7:00 a.m. the next.

Where an employee works straight night shifts she shall be entitled to be paid the shift premium her hours of work so long as she continues to work straight nights .

\\'here an employee is required to work bet\\een the hours of 11 :00 p.m. on Frida) to 11 :00 p.m. on Sunday the employee shall recei,·e a weekend premium of l\\ent) .20) cents per hour.

Premi urns shall not form part of the hourly rate .

The Employer shall. when no management or RN is on dut) designate one (I) RPN to be in charge. Such RPN shall recei\'e one dollar fifty ($1.50) per hour in addition to her regular rate of pay.

Page 34of60

Collecttve Agreement between Parkview Meadows Christian Retirement Village and LiUNA Local 3000 January 1, 2018 - December 31, 20 19

ARTICLE 22 - TERMINATION AND RENEWAL

22.0 I The Collective Agreement shall expire on 31 December 2019 but shall remain in effect from year to year thereafter unless either party gives the other party written notice of termination or desire to amend the Agreement in accordance with Article 22.02 below.

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

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

Dated at . Ontario this da) of . 2019.

For the Employer

1Mu~~b6'YJ

Notes Rates of pay are effective on the first day of the pay period \\.foch starts closest to the first day of the month in which the increase comes into force.

All Retro will be paid within 3 pay periods of ratification

Page 35of60

Collective Agreement between Parkv1ew Meadows Christian Ret rement Vinage and liUNA Local 3000 January l. 2018 - December 31, 2019

APPENDIX A - REGISTERED STAFF

l. I

1.2

1.3

l.4

(a)

{b)

The Employer \Viii recognize recent related experience on the basis of one (I) annual increment for each one (I) year of service up to the maximum of the grid. Part-time service shall be recognized on the basis of eighteen hundred ( 1800) hours paid in pre\·ious employment equals one (I) year of ser\'ice. It shall be the responsibility of a newly hired employee to provide reasonable proof of recent and related experience in order to be considered for a salary increment. and if she fails to do so she shall not be entitled to recognition. Such proof must be provided within sixty (60) days of completion of probation. howe\'er. extensions of this time limit. which are sought before its expiry. will not be unreasonably denied.

This pro\'ision shall apply to all current emplo)ees

Shi ft Premiums Evening and night shifts - se,·cnty-fi,·e cents (.75)

Weekend Premiums Weekend Premiums shall be from 2300 hours Friday until 0700 hours Monday -sixty-five cents (.65)

ll is understood that the weekend ewning and night premiums will consist of adding the shift premium with the weekend premiums

Vacation The pro\·isions of the main agreement regarding\ acation shall apply to RNs except that the vacation grid will be as follows:

3 weeks after one (I) ~ear of continuous sen ice 4 weeks after three (3) years of continuous service 5 \\eeks after fifteen (l 5) years of continuous ser\'ice

Responsibilitv Pav

The Employer shall. when no management RN is on duty. designate one (I) RN to be in charge. Such RN shall recei\'e one dollar ( 1.00) per hour in addition to her regular rate of pay.

An employee who is designated to relieve the Director of Care shall be paid two dollars and five cents ($2.05) per hour for each hour so worked. in addition to her regular rate of pay.

Page 36of60

Collective Agreement between Parkv ew Meadows Christian Retirement Village and LiUNA Local 3000 January 1, 2018 - December 31, 2019

APPENDIX B - JOB SHARINGfffME SHARING

Job sharing shall be interpreted to mean two employees sharing one full-time job (I 0 shifts bi-weekly). Time sharing shall be interpreted to mean two employees sharing one full line ( 14 shifts bi-weekly).

Clarifying note: One full -time and a regular part-time shadO\\ does not constitute a time sharing arrangement.

(a) the introduction of job/time sharing arrangements in a Home will be subject to mutual agreement between the Union and the Employer

Job/time sharing requests shall be considered on an indi\'idual basis. Such approval wi II not be unreasonably withheld.

(b) The employees involved in job/time sharing are entitled to all the regular part-time pro\·isions except those \\hi ch are modified as follows :

{i) Schedules and scheduling language shall be established by the mutual agreement f the Union and the Home. This will include the di\'ision of hours bet\\een the joh1timc sharers.

<i i) Eachjob'tim~ -;harer tlllt) \!~change shifts \\ith her or his partner as \\ell as other emplo) ~\!" as prm id~d by the Collecti \'e Agreement.

(c) Absences and Leaves In the event that one member of the job/time sharing arrangement is off due to illness or injury or goes on any other leave of absence. the remaining partner wi II endea\'our to cover all of the absent partner's shifts for the duration of the absence. If the employee is unable to cover the absences, she or he must inform the Director of Care or designate.

(d) Implementation

(i) Where the job/time sharing arrangement arises out of the filling of vacant full-time position. the full-time position will be posted first and in the event that there are no successful applicants, then bothjob/time sharing positions will be posted and selection will be made on the criteria set out in the Collective Agreement.

(ii) An incumbent full-time employee \Vishing to share her or his position, may do so without having her or his half of the position posted. The other half of the job/time sharing position will be posted and selection will be made on the criteria set out in the Collective Agreement.

Page 37 of 60

Collective Agreement between Parkview Meadows Chr stran Retirement Vmage and liUNA Local 3000 January 1, 2018 - December 31, 2019

(iii) It is understood and agreed that the arrangement is for a trial period of six (6) months for the full-time employee originating the request. Once their trial period is O\'er. the employee cannot revert to her former position except under below.

(iv) Where two (2) full-time employees wish to job/time share one ( 1) position. neither half will be posted providing this would create one (l) full-time position to be posted and filled according to the collective agreement.

(v) If one of the job/time shares leaves the arrangement. her or his position will be posted. If there is no successful applicant to the position. the remaining employee will re,·ert to her or his former status. If the remaining employee was previously full-time the shared position will become her/his position. If the remaining employee was previously part-time and there is no part­time position a\'ailable. she or he shall exercise her or his layoff bumping rights to obtain a part-time position. The shared position would then revert to a full-time position and be posted according to the Collecti\·e Agreement.

(e} Discontinuation Either party may discontinue the job/time sharing arrangement \\ith nin~ty (90) days· notice. Upon receipt of such notice a meeting shall be held bet\\ een the parties within fifteen ( 15) days to discuss the discontinuation. It is understood and agreed that such discontinuation shall not be unreasonable or arbitrar) .

The shared position would then re\·ert to a full-time position and be posted according to the Collective Agreement. Should the Employer or the Union discontinue job/time sharing. the employees currently working those arrangements \\ill rc\·ert to their former status.

Where an employee does not have a former position to return to. the la) off and recall provisions of the collecti\'e agreement \\ill apply. Where three remains a \ acancy after employees re\·ert to their former position. the \'acancy will be posted in accordance with the collective agreement.

Page 38of60

Collective Agreement betw een Parkview Meadows Christian Retirement VIiiage and LiUNA Local 3000 January l , 2018 - December 31, 2019

APPENDIX~ - ORIENTATION AND IN-SERVICE

(a) An orientation and in-service program will be provided to all employees; these programs shall be reviewed and discussed form time lo time by members of the Labour Management Committee.

(b) A newly hired employee shall not be placed m charge, until she has been fully orientated.

(c) The follO\\ing minimums shall be observed in the orientation/familiarization of newly hired employee:

(i) She is to be familiarized \\ith the physical aspects of the building. the applicable policies and procedures of the Employer. and the daily routine of emplo) ces of the home.

(ii ) The pl!riod of orientation/familiarization shall be for a minimum of three (3)

days or such greater period that the Employer deems necessary.

(iii) She shall be an additional employee to the usual staffing pattern.

(i \) The cmplo) cc: or cmrloycc:s involved in the oriental ion/fami I iarization \\ i II conflrm that ii ha ~ been completed. and this\\ ill be noted on the newl) hired emplo)ec's personnel lilc. \\hich \\ill be reviewed \\ith such employee. and the employee sha 11 also be able to commcnl.

(d) Both the Employer and the Union recognize the joint responsibility and commitment to provide. and participate in. in-service education. The Union supports the principle of its members· responsibility for their own professional de\elopment and the EmplO) er \\ill endeavour to provide programmers related to the requirements of the Home.

Programs \\ill be publicized and related material will be made readily accessible to staff in a timely manner.

An) problems in accessing this information will be subject rcvie\\ by the Labour Management Committee.

(e) When an employee is required by the Employer to prepare for in service or to attend meetings. in service and other work-related functions outside her regularly scheduled working hours. and the employee does attend same. she shall be paid for all time spent on such attendance at her regular straight hourly rate of pay or at the employee· s option. she shall receive equivalent time off.

( f) The Employer may . at its discretion. provide orientation in other circumstances.

(g) The Employer will endeavour. where practical. to schedule in services at times\\ hich will facilitate the attendance of employees working outside the day shift.

Page 39of60

Collective Agreement between Parkview Meadows Christian Retirement Vdlage and L1UNA local 3000 January l , 2018-December 31, 2019

APPENDIX D Schedule A

Gardem ie\~ Hours 2017 -2017-

Class (Steps) 1.3°0 Addt'I 2018 2019 10~

RP~ Start 21.70 21.80 22.2-t 23.00

1800 22.73 22 .83 23.29 24 .09

3600 23 .36 23.46 23.93 24.75

5400 23 .96 24 .06 24 .5-t 25.39

7200 24.56 24 .66 25 .15 26.02

PSW Start 18.71 19.08 21 .00

1800 19.50 19.89 21 .89

3600 19.99 20.39 22.44

5-tOO 20 46 20.87 22.97

Rec Start 19.67 20.06 20.46

1800 20.20 20.60 21 .02

3600 20.77 21.19 21 .61

5400 21 .29 21 .72 22.15

Cool.. Start 18.40 18.77 20.00

1800 19.02 19.40 20.67

3600 19.58 19.97 21.28

5400 20.11 20.51 21 .86

Dietar~ Start 15.68 15.99 18.00

1800 16.4-J 16.77 18.88

3600 16.99 17.33 19.51

5-JOO I 7.55 17.90 20.15

HouseKeeping/ Laundr~ Sea rt I 5.68 15.99 17.00

1800 16.44 16.77 17.83

3600 16.99 17.33 18.-12

5-WO 17.55 17.90 19.03

Maintenance Start 17.80 18.16 18.52

1800 18.25 18.62 18.99

3600 18.82 19.20 19.58

5400 19.19 19.57 19.97

Office Start 16.31 16.64 16.97

1800 17. 11 17.45 17.80

3600 17.42 17.77 18.12

5400 17.79 18.15 18.51

Student PSW Start 15.68 15.99 16.31

1800 16.31 16.6-t 16.97

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Collective Agreement between Parkv1ew Meadows Christian Retirement Village and liUNA Local 3000 January 1, 2018- December 31, 2019

LETTER OF UNDERSTANDING

between

Parkview Meadows Christian Retirement Village

and

Labourers· International nion of North America (LIUNA) Local 3000

El'vfERGENCY LEA VEtFAMILY LEA VE

The Employer recognizes quality or life includes working lifo and famil) life. ro this end. the parties recognize that employees may need to care for family members \\ ho are ill . The Employer endeavours to work with the employet!s in granting requests for lean!s for this purpose. Such lea\'es shal I be subject to the general lea\'e of absence rules and ' 'ill be deemed as emergency for the purposes of requesting same.

Dated a l . Ontario this da) of . 2019.

For the Employer

:1A,~4Abi bi u bJ

Page 42of60