Collective Agreement Care Facilitie… · Collective Agreement between Ontario Public Service...

Collective Agreement

between

Ontario Public Service Employees Union on behalf of its Local 702

and

Kenora Association for Community Living

DURATION: April 1, 2014 - March 31, 2016

#/\ OPSEU ///WSEFPO

Uncontrolled copy of 7-702-5215-20160331-2a CA

Sector 2a 7 -702-5215-20 160331-2a

TABLE OF CONTENTS

PREAMBLE ..................................... : ............................................................................... 1

ARTICLE 1 - RECOGNITION .......................................................................................... 1 1.08 Plural or Feminine Terms May Apply ............... ............................................. 2

ARTICLE 2 - MANAGEMENT RIGHTS ........................................................................... 2

ARTICLE 3 - NO DISCRIMINATION ............................................................................... 4 3.01 No Discrimination .... ...................................................................................... 4

ARTICLE 4 - GENERAL .................................................................................................. 4 4.01 Copies Of The Agreement. ............................................................................ 4 4.02 Bulletin Boards .............................................................................................. 4

ARTICLE 5 - REPRESENTATION ................................................................................. .4 5.03 Union Officers And Stewards ............................. , .......................................... 5 5.05 Labour Management Committee Meeting ..................................................... 5 5.06 Health And Safety ......................................................................................... 6 5.07 Workplace Violence ...................................................................................... 6

ARTICLE 6 - DUES CHECK-OFF .................................................................................... 6 6.02 Membership Or Non-Membership In The Union ........ .................................... 7 6.04 Deduction Of Union Dues Or Their Equivalent.. ........ ................................... 7 6.05 Indemnification Of The Employer For Deduction Of Union Dues ........ .......... 7

ARTICLE 7 - NO STRIKE OR LOCKOUT ....................................................................... 7

ARTICLE 8 - GRIEVANCE PROCEDURE ...................................................................... 8 8.01 Definition ....................................................................................................... 8 8.02 Grievance Procedure .................................................................................... 8 8.03 Grievance Forms ........................................................................................... 9 8.04 Time Limits .................................................................................................... 9 8.06 Replies to Grievances ................................................................................... 9 8.07 Policy Grievance ......................................................................................... 1 0


ARTICLE 9 - ARBITRATION ......................................................................................... 1 0 9.02 Failure to Submit to Arbitration .................................................................... 10 9.05 Decision of Arbitrator or Arbitration Board ................................................... 11 9.06 Authority of Arbitrator or Arbitration Board .................................................. 11 9.07 Compensation of Arbitrator or Arbitration Board ......................................... 12 9.08 Place of Hearing .......................................................................................... 12.

ARTICLE 10 - DISCHARGE GRIEVANCES .................................................................. 12

ARTICLE 11 - PROBATIONARY PERIOD AND SENIORITY ....................................... 13 11.02 Seniority ...................................................................................................... 14 11.03 Probation for Newly-Hired Regular Full-time Employees ............................ 14 11.04 Loss of Seniority and Termination of Employment ...................................... 15 11.05 Posting of Vacancies ................................................................................... 15 11.06 Temporary Vacancies ................................................................................. 15 11.08 Seniority Factors ......................................................................................... 16 11.09 Notice of Termination .................................................................................. 16 11.10 Notices ........................................................................................................ 17 11.12 Temporary Transfer. .................................................................................... 17 11.13 Layoff and Recalls ....................................................................................... 17

ARTICLE 12 - HOURS OF WORK AND OVERTIME .................................................... 18

ARTICLE 13 - HOLIDAYS ............................................................................................. 19

ARTICLE 14 - VACATION ............................................................................................. 21

ARTICLE 15 - LEAVE OF ABSENCE ............................................................................ 22 15.01 General Leave ............................................................................................. 22 15.03 Bereavement Leave .................................................................................... 22 15.04 Jury Duty ..................................................................................................... 23 15.05 Union Functions .......................................................................................... 23

ARTICLE 16 - PAYMENT OF WAGES .......................................................................... 24

ARTICLE 17 - WELFARE BENEFITS AND INSURANCE ............................................. 24

ARTICLE 18 - SHIFT PREMIUM ................................................................................... 26


ARTICLE 19 - HEALTH EXAMINATIONS ..................................................................... 26

ARTICLE 20 - TECHNOLOGICAL CHANGE .. ............................................................ .. 26

ARTICLE 21 - DURATION OF AGREEMENT ............................................................... 26

SCHEDULE 'A' EFFECTIVE APRIL 1,2014 ................................................................. 28

SCHEDULE lA' EFFECTIVE APRIL 1, 2015 ............... ................................................ .. 29

APPENDIX 1 .................................................................................................................. 30

LETTER OF UNDERSTANDING ................................................................................... 32 Re: Article 12.06 ..................................................................................................... 32

LETTER OF UNDERSTANDING ................................................................................... 33 Re: Automobile Insurance ...................................................................................... 33

LETTER OF UNDERSTANDING ................................................................................... 35 Re: Kilometric Allowance ........................................................................................ 35

LETTER OF UNDERSTANDING ................................................................................... 36 Re: Welfare Benefits & Insurance .......................................................................... 36

LETTER OF UNDERSTANDING ................................................................................... 37 Re: Regular Part-time Employees .......................................................................... 37

LETTER OF UNDERSTANDING ................................................................................... 38 Re: Consumers ...................................................................................................... 38

LETTER OF UNDERSTANDING ................................................................................... 39 Re: Nursery Employees ......................................................................................... 39

LETTER OF UNDERSTANDING ................................................................................... 40 Re: Compressed Work Week ................................................................................. 40


LETTER OF UNDERSTANDING .................................................................................. .41 Re: Part-time Position Conversions ....................................................................... .41

LETTER OF UNDERSTANDING ................................................................................... 42 Re: WSIB ............................................................................................................... 42

LETTER OF UNDERSTANDING ................................................................................... 43 Re: Casual and Regular Part-Time Issues ............................................................ .43

LETTER OF UNDERSTANDING .................................................................................. .44 Re: Unfunded Low Wage Issue - Nursery Aide Education Rate .......................... .44

LETTER OF UNDERSTANDING ................................................................................... 45 Re: Wage Enhancement for Qualifying Child Care Staff ....................................... .45

LETTER OF UNDERSTANDING .................................................................................. .46 Re: Casual and Regular Part-time Conversion (Child Care) .................................. .46

GRIEVANCE AWARD ................................................................................... 47 Re: Vacation Credits .............................................................................. 47

Uncontrolled copy of 7-702-5215-20160331-28 CA

PREAMBLE

COLLECTIVE AGREEMENT

BETWEEN:

KENORA ASSOCIATION FOR COMMUNITY LIVING (hereinafter referred to as the "Employer")

- and-

ONTARIO PUBLIC SERVICE EMPLOYEES UNION (hereinafter referred to as the "Union")

The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and its employees covered by this Agreement and to provide for a prompt and orderly method of settling complaints or grievances which might arise hereunder. The Union recognizes the obligation of the Employer to provide efficient service to the public pursuant to the relevant legislation and objectives of the Employer.

It is recognized that employees covered by this Agreement undertake to work together with the Employer towards the common objective of providing the best possible service to the client of the Employer and the public.

ARTICLE 1 - RECOGNITION

1.01 The Employer recognizes the Union as the bargaining agent of all employees of the Kenora Association for Community Living in the City of Kenora, save and except Behavioural Consultants I, Behavioural Consultants II, Supervisors, persons above the rank of Supervisor, Adult Protective Service Workers, Volunteer Co-ordinator, Executive Secretary, Administrative Assistant to Finance and Administration, Administrative Assistant, Personnel Officer and students employed in a co-operative program or on a work placement and persons employed in a skill development or vocational training program.

1.02 Persons employed by the Employer in the Special Services at Home program are excluded from the bargaining unit.

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1.03 "Employee" shall include only such persons coming within the scope of the bargaining unit described in Article 1.01.

1.04 "Regular full-time employee" is defined as an employee who is required to work on a pre-determined and continuous schedule for an average of forty (40) hours per week on a regular basis and who has completed his/her probationary period.

1.05 "Regular part-time employee" is defined as an employee who is required to work on a prescheduled and continuous basis for less than the normal fulltime hours referred to in Article 12 of the Collective Agreement and who has completed his/her probationary period.

1.06 "Temporary employee" is defined as an employee whose terminal date is established prior to employment and who is hired for a specific period of time to replace regular full-time employees absent on vacation, sick leave, maternity leave or other leaves of absence; or who is hired to work for a definite term or task not to exceed twelve (12) months. A temporary employee shall not accrue seniority.

1.07 Casual part-time employee is defined as an employee who is called in to work on an lias required" basis and whose employment is therefore irregular and may vary in length from day-to-day and week-to-week. A casual parttime employee shall not accrue seniority. In the event a casual part-time employee does not work within any six (6) month period, his/her employment shall be deemed terminated. Any such deemed termination of employment shall not constitute either a difference between the parties within the meaning of the Ontario Labour Relations Act. 1995, or a grievance under the provisions of the Collective Agreement and therefore, shall not be the subject matter of a grievance and/or arbitration.

1.08 Plural or Feminine Terms May Apply

Whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the party of parties hereto so require.

ARTICLE 2 - MANAGEMENT RIGHTS

2.01 The Union recognizes and acknowledges that the management of the operation and direction of the working forces are fixed exclusively in the Employer and shall remain exclusively with the Employer except as specifically limited by an express provision of this Agreement. Without limiting the foregoing, the Union acknowledges that it is the exclusive function of the Employer, subject to the express provisions of this

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Agreement, to:

(a) maintain order, discipline and efficiency;

(b) hire, retire (subject to the Ontario Human Rights Code), classify, transfer, assign, appoint, promote, demote, layoff, recall, suspend and to discipline or discharge, any employee for just cause provided that a claim by an employee who has completed the probationary period and acquired seniority that he has been discharged or disciplined without just cause may be the subject of a grievance and/or arbitration and dealt with as hereinafter provided;

(c) make, enforce and alter from time to time rules and regulations and policies and procedures to be observed by the employees;

(d) manage the Employer's operation, and without restricting the generality of the foregoing, to determine the nature and any kind of business conducted by the Employer, the kinds and locations of operations, equipment and materials to be used; the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of work, the number of employees to be employed, the modification, discontinuance or addition of occupational classifications, job procedures, processes or operations; any necessary tests or examinations to be given and methods of training; the qualifications of an employee to perform any particular job; the extension, limitations, curtailment or cessation of operations or any part thereof; and to determine and exercise all other functions and prerogatives which shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement;

(e) to continue and enhance its engagement of and involvement with consultants, volunteers and students.

2.02 All matters concerning the operations of the Employer which are not specifically dealt with herein shall be reserved to the Employer and be its exclusive responsibility.

2.03 This Collective Agreement constitutes the entire agreement between the parties and supersedes and replaces all previous agreements and practices, both written and oral.

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ARTICLE 3 - NO DISCRIMINATION

3.01 No Discrimination

Each of the parties hereto agrees that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced upon any person employed by the Employer on account of membership or non-membership in any trade union or association or because of activity or lack of activity in the Union, or by reason of race, creed, colour, sex, marital status or national origin.

ARTICLE 4 - GENERAL

4.01 Copies Of The Agreement

The Employer and the Union agree to share the cost of reproducing this Agreement.

4.02 Bulletin Boards

The Employer will make a bulletin board available in an appropriate location. The Union may post notices on the Board but any such notices must first be approved in writing by the Employer prior to posting. Under no condition will there be any political notices or material which is derogatory to the Employer nor any material which is not directly related to the administration of this Agreement.

4.03 A new employee will have the opportunity to meet with a representative of the Union and the Employer's HR Director or Designate for up to thirty (30) minutes during the employee's probationary period without loss of pay, for the purpose of acquainting such employee with the collective agreement.

ARTICLE 5 - REPRESENTATION

5.01 The Employer will recognize four stewards as determined by the Union from program areas as follows: one from Community Mental Health Support Services; two from Developmental Services, one from Childrens' Services. The Steward from the applicable program area will take the lead role in representing a bargaining unit employee from the same program area unless such steward is unavailable or the employee prefers to be represented by another steward.

The Union must notify the Employer in writing of the names of the four (4) . Stewards and any Steward authorized to act in the absence of the four (4)

Stewards.

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Such stewards shall be elected and each steward representative shall be an employee of the Employer who has completed his probationary period and has acquired seniority status. If a vacancy occurs in the position of steward, the Union may appoint an employee eligible for election to hold the office of steward until the next regular election of stewards.

5.02 The Employer also agrees to recognize a negotiating committee consisting of not more than three (3) employees for the purpose of negotiating the renewal of the Collective Agreement. The three (3) employees shall be from different program areas. Such employees will not lose regular pay for time spent at negotiating meetings with the Employer for the renewal of this Agreement when such meetings occur during such employees' regularly scheduled hours of work.

This provision shall not apply to any negotiating meetings occurring subsequent to the time either party applies for conciliation, (including conciliation and/or mediation meetings).

5.03 Union Officers And Stewards

The Union will inform the Employer in writing of the names of its officers and stewards in January of each year and whenever there is a change of officers or stewards, and the Employer will not be required to recognize the officers or stewards until it has been notified in writing by the Union of the names of the employees elected and of changes in officers or stewards.

5.04 The Union acknowledges the stewards and members of the committee will continue to perform their regular duties on behalf of the Employer, and that such persons will not leave their regular duties without first obtaining permission from their Supervisor and on resuming regular duties, they will report to their respective Supervis·ors. In accordance with this understanding, such employees will be compensated by the Employer to the extent of one hundred per cent (100%) of their regular rate of pay for such time spent in dealing with grievances of employees under the grievance procedure up to and including Step 2. Compensation will not be allowed for time spent outside of the employee's regular working hours, and the Employer reserves the right to withhold payment, if the steward or member of the Union committee does not conform to the accepted practice in dealing with grievances, or if unreasonable or abnormal time is consumed in dealing with such matters.

5.05 Labour Management Committee Meeting

Where the parties mutually agree that there are matters of mutual concern that it would be beneficial to discuss at a Labour Management Committee Meeting during the term of this Agreement, the following shall apply: Two

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employee representatives from each party shall meet at a time and place mutually satisfactory. The request for a meeting hereunder will be made in writing prior to the date proposed and accompanied by an agenda of matters proposed to be discussed, which shall not include the matters that are properly the subject of grievance or negotiations for the amendment or renewal of this Agreement. The Committee shall determine its own procedures including whether or not other person(s) should attend a particular meeting of the Committee because of the agenda item(s) to be discussed.

Any employee representative attending such meetings during his regularly scheduled hours of work shall not lose regular earnings as a result of such attendance.

5.06 Health And Safety

The Employer agrees to comply with the Occupational Health and Safety Act, R.S.O. 1980, as amended which includes the obligation to maintain a joint Health and Safety Committee.

5.07 Workplace Violence

The Employer acknowledges its statutory responsibilities relating to workplace violence. The parties agree that workplace violence continues to be a proper topic of discussion for the Occupational Health and Safety Committee.

ARTICLE 6 - DUES CHECK-OFF

6.01 The Employer agrees that it will, commencing with the first day of employment, deduct a monthly sum equal to regular Union dues from each employee in the bargaining unit. Such deduction will commence effective the date of ratification of this Agreement. The Employer agrees that it will remit the total amount of such deductions to the Director of Financial Administration, 100 Lesmill Road, Toronto, ON M38 3P8 not later than the 15th day of each month following the month that deductions were made. Remittance shall be accompanied by a list of the names and social insurance numbers of those employees for whom deductions have been made.

The formula of Union dues deducted will also be applied to all retroactive wage increases.

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6.02 Membership Or Non-Membership In The Union

The parties hereto mutually agree that any employee covered by this Agreement may become a member of the Union if he so wishes and may refrain from becoming a member of the Union if he so wishes.

6.03 The Union agrees that neither it, nor its officers, agents, representatives and members, will engage in Union activities on Employer time or on Employer property except as expressly authorized by this Agreement.

6.04 Deduction Of Union Dues Or Their Equivalent

It will be a condition of employment that all employees shall sign an authorization form for the deduction of Union dues in the form of Appendix 1 attached.

6.05 Indemnification Of The Employer For Deduction Of Union Dues

The Union agrees to indemnify and save the Employer harmless with respect to all dues or their equivalent thereof so deducted and remitted and with respect to any claim or liability made against the Employer by any employee or any group of employees or any other person or party arising out of the deduction of Union dues or their equivalent as herein provided.

ARTICLE 7 - NO STRIKE OR LOCKOUT

7.01 During the term of this Agreement, neither the Union nor any of its officers or officials nor any employee shall take part in or call or encourage any strike, sit-down, slow-down or any suspension of work against the Employer which shall in any way affect the operations of the Employer, nor shall the Employer or any of its officers or officials engage in any lockout of employees.

7.02 It is agreed that if such action should be taken by the employees, the Union will instruct the said employees to return to work and perform their usual duties and to resort to the grievance procedure for the resolution of any complaint or grievance.

7.03 Should there be any violation of either Article 7.01 or 7.02, there shall be no discussion or negotiation of the matter in dispute between the Employer and the Union until normal work has resumed.

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ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 Definition

A grievance is defined as any difference between the Employer and an employee or employees as to the interpretation, application, administration, or alleged violation, of the Agreement. However, this shall not be construed to allow a probationary employee to grieve his termination or dismissal.

8.02 Grievance Procedure

(a) An effort shall be made to settle grievances fairly and promptly and it is understood that an employee (or group of employees) has no grievance until he has first given his Supervisor or his designate the opportunity of adjusting his complaint.

(b) If an employee (or group of employees) has a complaint, he, or one designated member of a group having a grievance, shall, either alone or accompanied by the steward, first take the complaint up with the Supervisor or his designate who will attempt to adjust it.

(c) Such complaint must be submitted to the Supervisor or designate within seven (7) days after the occurrence of the circumstances giving rise to the complaint.

(d) The Supervisor or his designate shall give his response to the complaint within seven (7) days and, failing settlement, it may then be taken up as a grievance within seven (7) days following the decision of the Supervisor or his designate in the following manner:

Step 1 The employee or one designated member of a group of employees may present the grievance in writing to the Department Head or his designate (hereinafter referred to as the Department Head). The grievance shall be on a form approved by the Employer and the Union.

The Department Head shall give his reply in writing to the employee (or to the designated members of a group of employees) not later than seven (7) days following the receipt by the Department Head of the written grievance.

Step 2 If a settlement satisfactory to the employee(s) is not reached in Step 1, the written grievance may be taken by the employee alone or with a steward within seven (7) days after the decision in Step 1 is given

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to the Executive Director or her designate (hereinafter referred to as the Executive Director). Either party may request a meeting to discuss the grievance. The Executive Director shall render a decision in writing to the employee with a copy to the steward not later than seven (7) days following the presentation of the written grievance to the Executive Director.

8.03 Grievance Forms

All grievance forms shall contain one grievance. A written grievance shall contain a clear and concise statement concerning the complaint, the persons involved, the date on which the alleged grievance occurred, the specific provision(s) of the Collective Agreement that is alleged to have been violated and the relief sought if practicable.

A grievance shall be returned to the employee involved if it fails to comply with these requirements and the employee involved shall have an additional five (5) days to refile the grievance in conformity with this section.

Note: For clarity, all written grievance submissions to the Employer must be on the current OPSEU grievance form.

8.04 Time Limits

Time limits shall be computed by excluding Saturday, Sunday, paid holidays and an employee's regular days off. Failure of the employee or the Union to meet the time limits in processing the grievance will cause the grievance to expire and shall not be the subject of a new grievance. Failure of the Employer to meet its time limit shall permit the aggrieved employee to take the grievance to the next succeeding step, provided he presents the grievance at this next step within seven (7) days after the expiration of the said time limit. Any agreement as to an extension of time will be valid only if signed by the Executive Director or his designate and the employee who signed the grievance or the Union.

All time limits referred to herein are mandatory.

8.05 Meetings held in conjunction with the grievance procedure will be held on the Employer's premises.

8.06 Replies to Grievances

Replies to grievances shall be in writing at all steps of the grievance procedure.

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8.07 Policy Grievance

The Union and the Employer shall have the right to file a grievance based on a dispute arising out of the application, interpretation, or alleged violation of this Agreement. However, a policy grievance shall not include any matter which an employee is personally entitled to grieve, and the regular grievance procedure shall not be by-passed. A policy grievance may be lodged by either party in writing at Step 2 of the grievance procedure at any time within five (5) days of the circumstances giving rise to the grievance. If such grievance is filed by the Employer at Step 2, it shall be presented to the President of the Local Union or his designate. If it is not satisfactorily settled, it may be referred to arbitration in the same manner and to the same extent as the grievance of an employee.

ARTICLE 9 - ARBITRATION

9.01 Should any grievance fail to be satisfactorily settled under the foregoing procedure, either party may, within fifteen (15) days following receipt of the answer from the Executive Director, notify the other party in writing of its desire to submit the grievance to arbitration by a sole arbitrator from the panel in Article 9.04 in rotation unless the parties agree to one from the panel out of rotation. The parties may, by mutual agreement, agree to the use of an arbitrator who is not on the approved list of arbitrators in Article 9.04.

In the case of an individual or group grievance, such notice shall be accompanied by the written consent of the employee.

However, it is acknowledged and understood that the grievance procedure must be exhausted in its entirety before the grievance can be referred to arbitration.

9.02 Failure to Submit to Arbitration

If the grievance is not referred to arbitration within the said fifteen (15) day period, the grievance will be conclusively deemed to have been finally abandoned.

9.03 The parties may instead agree that the grievance will be heard by a threeperson Board of Arbitration and in that event, either party may, within fifteen (15) days following receipt of the answer from the Executive Director, notify the other party in writing of its desire to submit the grievance to arbitration along with the name of its nominee to the Board.

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The recipient of the notice shall, within five (5) days, advise the other party of the name of its nominee to the Board of Arbitration.

In the case of an individual or group grievance, such notice shall be accompanied by the written consent of the employee.

The two nominees so selected shall, within ten (10) days of the appointment of the second of them, agree to a Chair from the panel in Article 9.04 in rotation unless the parties agree to one from the panel out of rotation. The parties may, by mutual agreement, agree to the use of an arbitrator who is not on the panel of arbitrators in Article 9.04.

9.04 The panel of arbitrators shall consist of:

Jane Devlin Paul Craven Victor Solamatenko Marilyn Nairn

9.05 Decision of Arbitrator or Arbitration Board

The Arbitrator or Arbitration Board, as the case may be, shall hear and determine the grievance and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it.

In the case of an Arbitration Board, the decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chair shall govern.

9.06 Authority of Arbitrator or Arbitration Board

It is understood and agreed that the Arbitrator or Arbitration Board, as the case may be, shall have authority only to settle disputes under the terms of this Agreement and may only interpret and apply this Agreement to the facts of the particular grievance involved. Only grievances arising from the interpretation, application, administration, or alleged violation of this Agreement, including the question as to whether a matter is arbitrable, shall be arbitrable.

The Arbitrator or Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement or any part of it, nor give any decision inconsistent therewith, nor to deal with any matter that is not a proper matter for a grievance under this Agreement nor to deal with any issue not specifically raised in the original grievance.

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9.07 Compensation of Arbitrator or Arbitration Board

The Union and the Employer shall each be responsible for one-half of the fees and expenses of a sole arbitrator.

In the case of an Arbitration Board, the Union and the Employer shall each be responsible for the fees and expenses of its own nominee and one-half of the fees and expenses of the Chair.

9.08 Place of Hearing

Arbitrations shall be heard at Kenora, Ontario, or at such other places as may be agreed upon by the Union and the Employer.

ARTICLE 10 - DISCHARGE GRIEVANCES

10.01 The following specified causes will be conclusively deemed to be sufficient for the discharge of any employee, but will not deprive any employee of the grievance procedure:

physical and/or emotional and/or sexual abuse of a client;

breach of confidentiality of client information;

use of alcohol or "prohibited" drugs on the job (as defined in the Food and Drug Act or the Narcotics Control Act or other Federal Statutes) or reporting for work under the influence of alcohol or such prohibited drugs.

10.02 If a regular full-time or regular part-time employee who has completed his probationary period believes he has been wrongfully discharged, he may file a written grievance with the Executive Director within five (5) calendar days after he has been given notice of discharge. Steps 1 and 2 of the grievance procedure shall be omitted in that case.

10.03 A discharge grievance may be settled by the parties by confirming the Employer's action in dismissing the employee or by reinstating the employee or by any other arrangement which is just and equitable in the opinion of the conferring parties.

10.04 Subject to the provisions of paragraph 10.01 above, if a discharge grievance goes to arbitration the Board of Arbitration or Arbitrator may:

(a) confirm the dismissal of the employee; or

(b) reinstate the employee; or

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(c) substitute such other penalty for the discharge as the Arbitration Board or Arbitrator deems just and reasonable in all the circumstances.

10.05 Whenever the Employer delivers a written reprimand to an employee, the Employer may with the consent of the employee, send a copy of the written reprimand to the Union steward within five (5) days.

ARTICLE 11 - PROBATIONARY PERIOD AND SENIORITY

11.01 (a) Seniority, as referred to in this Agreement, for regular full-time employees shall be the length of continuous service in the employ of the employer and upon successful completion of the probationary period, shall be calculated from the date of last hire as a regular fulltime employee (a separate seniority list shall be maintained for regular full-time employees).

(b) Seniority, as referred to in the Collective Agreement for regular parttime employees, shall mean the length of continuous service in the employ of the Employer and upon successful completion of the probationary period, shall be calculated and accumulated in accordance with the number of actual hours worked from last date of hire as a regular part-time employee (a separate seniority list shall be maintained for regular part-time employees).

(c) An employee whose status is changed from regular full-time to regular part-time shall receive credit for her full seniority and service on the basis of 2,080 hours worked for each year of full-time seniority or service.

(d) An employee whose status is changed from regular part-time to regular full-time shall receive credit for her full seniority and service on the basis of one (1) year seniority or service for each 2,080 hours worked as a regular part-time employee.

(e) A temporary employee shall not accrue seniority under this Agreement. A temporary employee shall be deemed to have left the employ of the Employer at the conclusion of the specific period (or terminal date as the case may be) for which he or she is employed. If a temporary employee is subsequently hired as a regular full-time or regular part-time employee, he/she must complete the requisite probationary period.

(f) A casual part-time employee shall not accrue seniority under this Agreement.

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(g) A temporary employee or casual part-time employee who obtains a regular full-time or regular part-time position and who completes his/her probationary period in such regular full-time or regular parttime position shall receive credit for seniority purposes for any time worked as a temporary employee or casual part-time employee since last date of hire.

11.02 Seniority

Where two (2) or more employees commenced work on the same day, the greater seniority shall be given to the employee with the earliest day of application for employment.

Seniority lists and layoffs and recall rights of regular full-time employees shall be separate and apart from regular part-time employees. The Employer agrees that it will provide the Union with up-to-date seniority lists prior to March 31 of each year.

No objection may be taken by the Union or by any employee to a seniority list unless written notice of objection is given to the Employer within one (1) month after the posting of the seniority list in which the item first appeared.

11.03 Probation for Newly-Hired Regular Full-time Employees

Each newly-employed regular full-time employee shall be on probation until . he has completed six (6) calendar months (for a regular part-time employee, until he has completed 1040 work hours) of active continuous service with the Employer. The Employer may, in its discretion, extend the probationary period of any employees for a further six (6) consecutive months (or a further 1040 work hours for regular part-time employees) of active employment providing the employee and the Union are notified of such extension in writing no later than the two (2) week period preceding the expiration of the first six (6) months (or in the case of a regular part-time employee, no later than the two (2) week period preceding the expiration of the first 1040 work hours). Where such extension is granted by the Employer, the notice to the Union in writing shall set out the basis for such extension and the employee will be made aware of the reasons for the extension including any evaluation. On successful completion of the probationary period, an employee will be credited with seniority from the first day worked in his last continuous employment with the Employer.

A probationary employee will have no seniority rights during his probationary period. The discharge, termination, or layoff of a probationary employee, casual part-time employee, or temporary employee shall be in the sole discretion of the Employer and therefore shall not be the subject matter of a grievance and shall not constitute a grievance under the

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provisions of the Collective Agreement.

11.04 Loss of Seniority and Termination of Employment

Continuity of service shall be considered broken and employment terminated when:

(a) An employee quits or is discharged (and the discharge is not reversed through the grievance procedure);

(b) An employee fails to report to work at the termination of a leave of absence or within one (1) week after being recalled to work;

(c) An employee is absent from work without providing a reason satisfactory to the Employer;

(d) An employee utilizes a leave of absence for purposes other than that for which the leave of absence was granted;

(e) An employee is absent from work for more than twenty-four (24) months because of layoff or physical disability or both (including Workers' Compensation); (subject to the Ontario Human Rights Code);

(f) An employee refuses reasonable alternate work with the Employer.

11.05 Posting of Vacancies

Subject to clauses 11.06, 11.07 and 11.08, prior to filling any vacancies in regular full-time positions and regular part-time positions covered by the terms of this Agreement, the Employer shall post notice of the vacancy for a minimum of five (5) calendar days and interested employees may make application for such position. Such notice shall contain the following information:

- nature of position; - required qualifications; - wage rate or range.

The Employer may advertise externally simultaneously with the internal posting and interviewing process.

11.06 Temporary Vacancies

Temporary vacancies within the bargaining unit which will not or are not expected to exceed twelve (12) months (including vacancies arising as a

15


result of special projects for a specified period) and temporary vacancies within the bargaining unit caused by absence due to illness, accident, leaves of absence (including pregnancy leave and adoption leave), vacation, the vacating of a position while the posting procedures are being completed and transfer need not be posted. Such temporary vacancies may be filled at the discretion of the Employer. If filled, such vacancies may be filled on a temporary basis by other than a regular full-time employee and there shall be no requirement to post such vacancies.

11.07 The Employer may temporarily assign any person to fill a vacancy, pending the selection of the successful candidate and completion of the job posting procedures and such temporary vacancy need not be posted.

11.08 Seniority Factors

The Employer and the Union agree that in the case of promotions (other than promotions to positions outside of the bargaining unit), transfers and permanent layoff or recall the following factors shall be considered:

(a) current qualifications including ability, (including but not limited to communication and interpersonal skills with clients and with fellow staff), knowledge, education, skill, physical fitness, experience and capability of assuming positions of responsibility;

(b) Length of continuous service.

The Union agrees that the qualifications in factor (a) must govern, and only where such current qualifications of the employees are relatively equal, in the opinion of the Employer, will factor (b) govern.

The Employer shall be the sole judge of the qualifications in factor (a), provided however, the Employer shall not exercise its discretion in an arbitrary, capricious or discriminatory manner.

All internal applicants shall be advised of the outcome of the competition.

11.09 Notice of Termination

Every employee shall give at least one (1) month's notice of termination of his employment.

The Employer shall give regular full-time employees and regular part-time employees notice of termination of employment as provided in the Employment Standards Act except in cases of dismissal for cause or of termination during the probationary period, provided, however, that the

16


employment of an employee may be terminated forthwith where the Employer gives the employee notice in writing to that effect and pays the employee an amount equal to the wages to which the employee would have been entitled for work that would have been performed by him at the regular rate for a normal non-overtime work week for the period of notice set out above.

11.10 Notices

11.11

11.12

Any notice to any employee under this Agreement may be given personally (either directly or by telephone) or by email or prepaid registered post addressed to the employee at his last address provided to the Employer or shown on the payroll of the Employer and such notice shall be deemed to have been given when delivered to the postal authorities.

If an employee accepts a transfer to a position outside of the bargaining unit, they shall retain their seniority accumulated up to the date of leaving the unit, but will not accumulate any seniority during the period of exclusion for a period not to exceed twelve (12) months. Should the employee be returned to their former bargaining unit position at the end of the aforementioned period, seniority shall then begin to accrue again. Seniority will be forfeited if the employee does not return to the bargaining unit within that time frame. Any extension to this time frame must be agreed upon by the Union and such agreements shall not be unreasonably withheld.

Temporary Transfer

Any employee may be transferred from one classification to another classification within the bargaining unit carrying a rate in a higher range for a period or periods not exceeding one (1) week without changing his rate of pay.

In the event an employee is transferred from one classification to another within the bargaining unit carrying a rate in a higher range for a period exceeding one (1) week, he shall receive the rate of pay of the higher-rated classification for all hours worked in such higher-rated classification.

11.13 Layoff and Recalls

The Employer shall endeavour to give each regular full-time or regular parttime employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than eight (8) weeks, notice in writing of his layoff in accordance with the following schedule:

17


Up to two years' service

two years or more but less than five years' service

five years or more but less than ten years' service

ten years or more service

one week's notice

two weeks' notice

four weeks' notice

eight weeks' notice

Such notice will be handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail.

11.14 If circumstances arise which are expected to warrant the layoff of employees for a period of more than five days, the Employer agrees to provide thirty (30) days' notice to the Union or such shorter period of notice as circumstances permit. Upon receipt of such notice, the Union may request a meeting with the Employer to discuss:

i) The reasons for the layoff; ii) Any alternatives to layoff, or actions which might be taken to

minimize the effect of the layoff on employees, and iii) The individuals expected to be affected by the layoff, and the

details of any layoff plan.

Such meeting shall take place no later than one week following receipt by the Union of notification of proposed layoff.

11.15 In the case of a layoff, an employee shall not be allowed to bump upward to a higher-rated classification.

ARTICLE 12 - HOURS OF WORK AND OVERTIME

12.01 (a) The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week or of days of work per week.

(b) The normal hours of work for a regular full-time employee shall be forty (40) hours per week averaged over a four (4) week period.

The normal hours of work per shift for a regular full-time employee shall be eight (8) hours per day (inclusive of a half hour paid lunch period).

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12.02 All hours required by the Employer to be worked in excess of eight (8) hours of work per day or in excess of forty (40) hours of work per week averaged over a four (4) week period, shall be paid at the rate of time and one-half (1-1/2) the employee's regular straight time hourly rate. Full time employees shall receive time off with pay in lieu of overtime at a time scheduled by the Employer considering the wishes of the employees concerned and the paramount consideration of the efficiency of the operation. Any time which is not taken off in lieu of overtime by March 31st of any year shall be paid as overtime to the employees concerned in accordance with this Article.

Overtime rates will not be paid where the hours worked result from (a) shift changes made at the request of an employee, (b) exchange of shifts by two (2) or more employees, or (c) an employee agreeing to cover a shift for another employee, upon request of that employee.

12.03 The Employer may require an employee(s) to work overtime according to the needs and operating requirements of the Employer.

12.04 Overtime shall not be paid more than once for any hour worked, and there shall be no pyramiding of overtime or any other premiums under this Agreement.

12.05 All overtime must be approved in advance by the Program Director.

12.06 Time not exceeding fifteen (15) minutes in excess of eight (8) hours per shift shall be deemed to be part of the eight (8) hour shift.

12.07 The Employer will endeavour to post regular schedules for full-time and regular part-time employees not less than seven (7) days in advance and will provide employees with as much notice as is practicable of any change in the regular schedule after it has been posted.

ARTICLE 13 - HOLIDAYS

13.01 The following shall be designated as paid holidays for regular full-time employees:

New Year's Day Family Day Good Friday Easter Monday

Victoria Day Canada Day Civic Holiday Labour Day

, .

Thanksgiving Day Christmas Day Boxing Day

In the event that the Provincial Government declares an additional holiday (such as Heritage Day) during the term of this Agreement, such holiday will be substituted for one of the above-mentioned holidays and such holiday

19


will be automatically deleted from this Agreement.

It is the Board's intention to continue the present practice relative to the granting and scheduling of one (1) working day off at Christmas; except for residential staff who are required to work on Christmas Day and/or Boxing Day, for whom the Employer will continue its present practice relative to the granting and scheduling of a working day off at some other time.

13.02 Holiday pay is defined as the amount of straight time hourly rate of pay which a regular full-time employee would have received had he worked his regular shift on the holiday in question.

13.03 In order to qualify for the paid holiday or holiday pay, a regular full-time employee must:

(1) work the last full scheduled shift immediately preceding and the first full scheduled shift immediately following the holiday unless excused from doing so by the Employer;

(2) have completed thirty (30) calendar days of employment.

13.04 A regular full-time employee who is required to work on a holiday and who qualifies under the provision of Article 13.03 shall be paid at the straight time hourly rate for all hours worked on the holiday and will be granted lieu time off with pay calculated at one and one-half (1 %) times the hours worked on the holiday. The lieu day off will be scheduled by the Employer considering the wishes of the employee and the paramount consideration of the efficiency of the operation.

13.05 An employee who is scheduled to work on a paid holiday and who fails to report for work, shall lose his entitlement to the paid holiday or holiday pay unless the employee provides a reason for such absence satisfactory to the Employer.

13.06 Subject to 13.03, where a holiday falls during an employee's scheduled vacation period or on an employee's scheduled day off, an additional day off with pay will be scheduled.

13.07 An employee entitled to holiday pay hereunder shall not receive sick leave pay to which he may otherwise have been entitled.

13.08 It is agreed that an employee off work on layoff or off work receiving Workers' Compensation Disability benefits or an employee off work on an approved leave of absence without payor on any other unpaid absence is not eligible for paid holidays or holiday pay from the Employer.

20


13.09 The entitlement of regular part-time employees, temporary employees and casual part-time employees to statutory holiday pay, if any, shall be determined in accordance with the Employment Standards Act 2000.

ARTICLE 14 - VACATION

14.01 (a) The Director or manager of the program concerned will make the final decision as to the time that any employee will take his vacation after consideration has been given to the preference of the employee, seniority and service requirements of the Employer. Requests of employees for vacation times will be indicated to the Director or manager of the program concerned in writing by the employees at least thirty (30) days prior to the commencement of the requested vacation time.

(b) Vacations are to be taken in the vacation year in which they are earned but with the approval of the Executive Director, vacation credits may be carried over to the next vacation year in special circumstances. Such request shall be made in writing and the Executive Director will consider each case on its merits.

(c) A newly employed employee may not take vacation during the first six (6) months of his employment.

(d) See attached award (page 57) regarding the requirement of taking vacation in the fiscal year in which it is earned.

14.02 When employment is terminated before completion of twelve (12) months of employment, vacation pay will be computed and paid in accordance with the Employment Standards Act.

14.03 (a) For the purpose of determining vacation entitlement and scheduling vacation, April 1st of each year shall be used.

(b) On April 1st of any year, each regular full-time employee who has been in the employ of the Employer for less than one (1) year of credited service shall be entitled to a vacation of one and onequarter (1-1/4) days with pay for each month of service up to a maximum of fifteen (15) full working days.

(c) A regular full-time employee shall receive vacation credits on the following basis:

(i) An employee who has completed one (1) or more years (but less than five (5) years) of continuous service as of April 1st in

21


any year shall be entitled to an annual vacation with pay of three (3) weeks;

(ii) An employee who has completed four (4) full years or more of continuous full-time service as of April 1 st in any year, shall be entitled to an annual vacation with pay of four (4) weeks.

(iii) An employee who has completed eight (8) full years or more of continuous full-time service as of April 1st in any year, shall be entitled to an annual vacation with pay of five (5) weeks.

(d) A regular full-time employee who is absent from work during the vacation year in excess of thirty (30) calendar days shall have their vacation pay and time off for vacation pro-rated by the full period of such absence.

14.04 Vacation pay shall be calculated at the employee's straight time hourly rate of pay for each day of vacation taken.

14.05 An employee who has completed twelve (12) or more months of continuous service shall be paid for any earned and unused vacation standing to his credit at the date he ceases to be an employee or at the date he qualifies for payment under the Long Term Disability Income Plan, and any salary paid for unearned vacation used up to that time shall be recovered by the Employer from any monies owing to that employee.

ARTICLE 15 - LEAVE OF ABSENCE

15.01 General Leave

(a) The Employer may grant leave of absence without pay to an employee. Request for leave of absence shall be made in writing to the Executive Director.

(b) During an employee's leave of absence without payor other unpaid absence from the Employer, he will not accumulate service for purposes of vacation entitlement for the period of absence.

15.02 Employees will be granted pregnancy and parental leave of absence without pay in accordance with the Employment Standards Act.

15.03 Bereavement Leave

If the spouse, common-law spouse, mother, father or child, of a regular fulltime employee dies, the employee will not be required to attend at work

22


during up to five (5) of the scheduled work days from the death of such person and the Employee will not suffer any reduction in pay as a result of his non-attendance at work during up to five (5) such scheduled work days.

If the grandparent, mother-in-law, father-in-law, brother, sister or grandchild, of a regular full-time employee dies, the employee will not be required to attend work up to three (3) of the scheduled work days from the death of such person and the Employee will not suffer any reduction in pay as a result of his non-attendance at work during up to three (3) such scheduled work days.

15.04 JUry Duty

If an employee is required to serve as a juror or as a witness in connection with a case arising from the employee's duties with the Employer, the employee shall not lose regular pay because of such attendance provided that the employee:

(a) notifies the Employer immediately on the employee's notification that he will be required to attend court;

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

(c) promptly repays the amount other than expenses paid to the employee for such services or attendance to the Employer;

(d) resumes performance of his regular duties during any reasonable period when he is not required to be in attendance.

15.05 Union Functions

Upon at least one month's written notice to the Employer, an employee elected or appointed to represent the Union at Union functions shall be allowed leave of absence without pay and without benefits, subject to the following conditions:

(a) that not more than three (3) employees at anyone time shall be allowed such leave; but not more than one (1) employee from a Program Area (as outlined in 5.01).

(b) that the aggregate number of days in anyone fiscal year (April 1 -March 31), for such leave shall not exceed forty (40) days in total for the bargaining unit.

23


(c) that such leave, if to be granted, must not affect the operation of the Employer.

Clarification: Attending collective bargaining negotiations and arbitrations are not included in the 40 days referred to in 15.05(b).

15.06 An employee elected to the position of President or Vice-President of OPSEU shall be granted a leave of absence for the duration of the current term of office without payor loss or seniority and with continuation of benefit coverage paid by OPSEU for the duration of such leave, subject to the terms of the applicable benefit plan(s). At the end of the assignment the individual shall, upon two (2) weeks' notice, be returned to the position held immediately prior to the commencement of the leave, or if such position has ceased to exist, shall be entitled to bump a junior employee in a position for which the employee is qualified.

In this instance only, the Employer may replace an employee on such leave with the temporary employee for up to the full period of such leave (which may exceed 12 months).

ARTICLE 16 - PAYMENT OF WAGES

16.01 The Employer shall pay salaries and wages in accordance with Schedule "A" attached hereto and forming part of this Agreement.

ARTICLE 17 - WELFARE BENEFITS AND INSURANCE

17.01 The Employer will, upon completion of the probationary period, contribute for regular full-time employees as follows:

(a) To Standard Life Assurance Company (Group Policy No. 14046) (or such other carrier as may be selected by the Employer providing similar insurance coverage) an amount equal to one hundred per cent (100%) of the billed insurance premium applicable to the employee such Group Policy to include Vision Care to cover employees and their dependents to a maximum of $200.00 for each two year period per immediate family member or employee (subject to the terms and conditions of that plan);

(b) To a Sickness and Accident Weekly Indemnity Insurance Plan an amount equal to one hundred per cent (100%) of the insurance premium subject to the terms and conditions of such Plan. Such Weekly Indemnity Insurance Plan shall include the following terms:

24


(i) non-occupational accidents and sickness only;

(ii) benefits commence first day of absence due to nonoccupational accident, first day of absence due to hospitalization and fourth (4th) day of absence due to sickness;

(iii) maximum of twenty-six (26) weeks benefits;

(iv) seventy-five per cent (75%) of weekly salary to a maximum of $1,500.00.

(c) Regular part-time employees will receive twenty-five cents (0.25) per hour in lieu of all benefits under this Agreement, save and except pension, and save and except vacation pay which shall be calculated and paid in accordance with the Employment Standards Act, and statutory holiday pay, if any, which shall also be in accordance with the Employment Standards Act.

Effective first full month following ratification, casual part-time employees will receive 0.25 per hour in lieu of all benefits under this agreement save and except vacation pay which shall be calculated and paid in accordance with the Employment Standards Act, and in lieu of statutory holiday pay, if any, which shall also be in accordance with the Employment Standards Act.

17.02 Any claim by an employee for benefits under the insurance plans in Article 17 is a matter solely between such employee and the insurance carrier. Such claims may not, therefore, be the subject of a grievance or arbitration under this Collective Agreement.

17.03 The Employer agrees to contribute five percent (5%) to the existing Sun Life pension plan for eligible employees, conditional on such eligible employees making his/her matching contribution.

17.04 The Employer will grant each regular full-time employee six (6) days sick leave per year. Such six (6) days sick leave is non-accumulative and, therefore, is not carried over from year to year.

17.05 Unused sick leave credits existing on termination of employment, retirement or death expire on the happening of such events, and are not paid out.

17.06 The Employer's obligation to contribute towards premiums under Article 17 ceases when an employee is on leave of absence without pay exceeding thirty (30) calendar days or on other unpaid absence exceeding thirty (30) calendar days; and the employee will be solely responsible for making such

25


contributions himself during such absences exceeding thirty (30) calendar days.

ARTICLE 18 - SHIFT PREMIUM

18.01 A regular full-time employee who works on a regular rotation of shifts shall receive a shift premium of twenty-five cents ($0.25) per hour for each hour worked between 12 midnight and 7:00 a.m.

ARTICLE 19 - HEALTH EXAMINATIONS

19.01 Any medical examination requested by the Employer and all medical examinations required by Statute shall be promptly complied with by all employees, provided, however, that the Employer shall pay for such examinations where such examinations are not covered by OHIP. The Employer reserves the right to select the medical examiner or physician.

Failure to comply with this Article by an employee when requested to do so by the Employer shall result in immediate suspension without pay and benefits and seniority. All yearly medicals shall be completed, when possible, in the month of April.

ARTICLE 20 - TECHNOLOGICAL CHANGE

20.01 In the event of proposed technological change, the Employer agrees to notify the Union of such changes where possible thirty (30) days in advance of such change.

ARTICLE 21 - DURATION OF AGREEMENT

21.01 This Agreement shall become effective April 1 ,2014 and shall remain in full force and effect until the 31st day of March, 2016, and from year to year thereafter unless written notice of intention to terminate or amend this Agreement is given by either party to the other not more than ninety (90) days and not less than thirty (30) days before the 31st day of March in any year thereafter in which this Agreement continues to remain in effect.

21.02 All amendments to the Collective Agreement are effective upon ratification of the Collective Agreement unless otherwise expressly provided in the Collective Agreement.

26


IN WITNESS WHEREOF the parties have caused their names to be subscribed by their duly authorized officers and representatives.

DATED at Kenora, Ontario, this??3)f~ay of ().P~ ,2015.

FOR THE EMPLOYER FOR THE UNION

27


SCHEDULE 'A' EFFECTIVE APRIL 1, 2014

A.01 (a)

ANNUAL SALARIES BASED ON 52 WEEKS AT 40 HOURS PER WEEK

April 1, 2014 Non-Education Rate Education Rate

Salary Hourly Salary Hour!y

CSW 50,578 24.32 51,701 24.86

CSW Day Worker 49,392 23.75 50,515 24.29

CSW Night Worker 39,020 18.76 40,142 19.30

Secretary/Finance Clerk 44,733 21.51 45,855 22.05

lOP Consultant 53,096 25.53 54,218 26.07

Child & Youth Consultant 53,096 25.53 54,218 26.07

Community Consultant 53,096 25.53 54,218 26.07

Nursery Aide 38,854 18.68 39,977 19.22

Resource Teacher 47,278 22.73 48,401 23.27

Education Rate applies only to the incumbents of the following classifications who presently possess the following specific educational qualifications:

• For employees (other than Consultants and Nursery Aides) who hold a diploma or advanced diploma granted by a College of Applied Arts & Technology or a Community College following completion of a program that is the equivalent in class hours of a full time program of at least 4 academic semesters (two years).

• For Consultants who hold a four year University Degree from an accredited University.

• For Nursery Aides who hold an Early Childhood Education 2 Year Diploma and are registered with the Ontario College of Early Childhood Educators.

• For Resource Teachers who hold an Early Childhood Education Diploma.

28


SCHEDULE 'A' EFFECTIVE APRIL 1, 2015

A.01 (b)

ANNUAL SALARIES BASED ON 52 WEEKS AT 40 HOURS PER WEEK

April 1, 2015 Non-Education Rate Education Rate

Salary Hourly Salary Hourly

CSW 51,597 24.81 52,720 25.35

CSW Day Worker 50,411 24.24 51,534 24.78

CSW NLght Worker 40,039 19.25 41,161 19.79

Secretary/Finance Clerk 45,752 22.00 46,874 22.54

IDP Consultant 54,531 26.22 55,653 26.76

Child & Youth Consultant 54,531 26.22 55,653 26.76

Community Consultant 54,531 26.22 55,653 26.76

Nursery Aide 39,977 19.22 41,163 19.79

Resource Teacher 48,297 23.22 49,420 23.76

Education Rate applies only to the incumbents of the following classifications who presently possess the following specific educational qualifications:

• For employees (other than Consultants and Nursery Aides) who hold a diploma or advanced diploma granted by a College of Applied Arts & Technology or a Community College following completion of a program that is the equivalent in class hours of a full time program of at least 4 academic semesters (two years).

• For Consultants who hold a four year University Degree from an accredited University.

• For Nursery Aides who hold an Early Childhood Education 2 Year Diploma and are registered with the Ontario College of Early Childhood Educators.

• For Resource Teachers who hold an Early Childhood Education Diploma.

29


A01 (c) The regular straight time hourly rate for regular part-time employees who have completed their probationary period and for temporary and casual part-time employees who have completed the first 1040 hours worked shall be calculated by dividing the annual salary for the particular classification held by such employee by 2080.

A01 (d) Probationary rate for regular full-time and regular part-time employees: 5% less than the above rates in A.01 (a) and A01 (b).

A01 (e) Regular straight time hourly rate for temporary and casual part-time employees for the first 1040 worked: 5% less than the above rates in A01 (a) and A01 (b).

A02(a) The following categories of employees are required, as a condition of employment, to provide an automobile and as a further condition of employment are also required to have a valid driver's license:

(i) Those who have previously provided an automobile for use on approved Association business;

(ii) Those hired since June 1, 1988;

(iii) New hires who the Employer determines must provide an automobile as a condition of employment.

A02(b) Article A.02(b) will serve to clarify that in the event an employee's driver's license is suspended, the Association may, in its sole discretion, suspend the employee from employment on a non-disciplinary basis until the employee's driver'S license is reinstated ..

A02(c) It is agreed that any such non-disciplinary suspension that may occur does not constitute a difference between the parties within the meaning of the Ontario Labour Relations Act. 1995.

A03 All staff are required to obtain a St. John's Ambulance (or equivalent) first aid certificate during his/her probationary period as a condition of employment.

A04 All staff are required to accept the service delivery principles as determined by the Employer as a condition of employment.

30


APPENDIX 1

I hereby authorize to deduct from my pay in accordance with the Collective Agreement and in amounts as specified by from time to time the amount which is equivalent to regular monthly union dues. The monies so deducted shall be forwarded by to Ontario Public Service Employees Union, 100 Lesmill Road, Toronto, Ontario, as specified by the Collective Agreement.

Signature of Employee

31


LETTER OF UNDERSTANDING

BETWEEN:

KENORA ASSOCIATION FOR COMMUNITY LIVING

- and-

ONTARIO PUBLIC SERVICE EMPLOYEES UNION

Re: Article 12.06

This letter will serve to confirm the present requirements relative to reporting for work and leaving work as follows:

1. Employees shall report to work at least 15 minutes prior to the commencement of the shift for the purposes of receiving the report referred to in paragraph 2.

2. Upon report to work, the employee(s) shall receive a complete verbal report from the preceding shift's staff person in charge relating to all pertinent client and program information.

3. Staff shall not vacate their work station until responsible staff placement(s) have arrived, verbal reports have been exchanged, serious incident reports and other necessary program (eg., medication reports, client counts, etc.) or emergency requirements have been completed.

DATED at Kenora, Ontario, this ~3 ((1/ day of ---->..:,C)~, ,..:l.1...d.A--1--<~:::::...-______ ' 2015.


32



BETWEEN:

KENORAASSOCIATION FOR COMMUNITY LIVING

- and-


Re: Automobile Insurance

Annually each employee shall provide the Employer with confirmation with respect to Automobile Insurance as follows:

"Personal Vehicle Insurance Requirements

As a condition of my employment with Kenora Association for Community Living, I acknowledge that I may be required to use my personal vehicle to transport clients to various appointments and activities.

I acknowledge that I have notified my personal automobile insurance carrier of the requirement of my automobile insurance carrier issuing me a business use endorsement providing insurance coverage in the event of injury to clients I am transporting in my personal automobile.

On presentation of my insurer's cost of providing such business endorsement coverage, the Employer will remit to me the cost for such business use endorsement up to a maximum amount of $350.

For clarity, it is not the intention of the Employer to create financial hardship for its employees, therefore any submitted claim for reimbursement for the business use endorsement exceeding $350/annum will allow the employee to sign a waiver indicating that they will not use their vehicle for transporting clients; but in that event, will still be required to use their vehicle for other work purposes. A copy of the singed waiver will be kept in the personnel file.

Name of Employee:

Signature of Employee: ______________ "

33


12rd ~'" DATED at Kenora, Ontario, this (/I:J day of _--'~~~ _______ ' 2015. U

FOR THE EMPLOYER

~~~f.vg-{e

34



BETWEEN:


- and-


Re: Kilometric Allowance

This letter will serve to confirm the Board's mileage policy is as follows:

An employee authorized to use his/her car on approved Association business away from his/her accustomed work location shall be paid forty-five cents (0.45) per kilometre effective the first full month after ratification.

The Program Director has the discretion to check the accuracy of, and finally approve of, individual claims for such allowance.

;:{3/~d I. , DATED at Kenora, Ontario, this day of_...l...(.;,J..M...<.....:..~.:-_______ , 2015.

tr


7

35



BETWEEN:


- and-


Re: Welfare Benefits & Insurance

1. This Letter of Understanding will serve to confirm agreement that the Employer's obligation to contribute towards the insurance premiums referred to in Article 17.01 (a) and (b) of the Collective Agreement does not commence until the completion of an employee's probationary period.

2. This Letter of Understanding will further serve to confirm agreement that the six days non-accumulative sick leave referred to in Article 17.04 of the Collective Agreement will not apply to an employee until completion of three months of employment and is accumulated on the basis of one-half day for each month of work during the period April 1st to March 31st of each year. (Therefore, an employee who is hired April 1st WOUld, after completion of three months employment, be entitled to one and one-half days sick leave and continue to accrue one-half day per month for the remainder of the year.) However, such sick days are non-accumulative and are not carried over from year to year. Therefore, any unused accumulated sick days as of March 31st are terminated and an employee would begin accumulating one-half day per month effective April 1 st, again to a maximum of six days.

DATED at Kenora, Ontario, this ~3Y'4 day of y)/-~ ,2015.


36


LEITER OF UNDERSTANDING

BETWEEN:


- and-


Re: Regular Part-time Employees

A regular part-time employee will be required to work, or be available for work on a prescheduled and continuous basis as may be determined and assigned by the Employer. If an employee so classified as a regular part-time employee is not available to work on a pre-scheduled and continuous basis, such regular part-time employee's status will immediately change from regular part-time employee to casual part-time employee. In the event the employee's status is so changed to casual part-time, such employee will retain seniority earned as a regular part-time employee but will not accrue seniority working as a casual part-time employee.

DATED at Kenora, Ontario, this ~ 3Yc( day of -("?':~f"-----------' 2015.

FOR THE EMPLOYER

1

.~:=>

fMOM/~b


FOR THE UNION

37

LEITER OF UNDERSTANDING

BETWEEN:


- and-


Re: Consumers

It is understood and agreed by the Association, the Union and employees that it is a fundamental obligation of employees to make every reasonable effort to connect consumers to the community and to encourage the use of family, friends and the community to provide support to consumers.

DATED at Kenora, Ontario, this ~?/'ct day of ~C#~~~--. _______ , 2015.


38



BETWEEN:


- and-


Re: Nursery Employees

The Employer will continue the present annual practice of making the annual re-hiring of nursery employees conditional on, and subject to, the Ministry's licensing requirements.

DATED at Kenora, Ontario, this cl3 (t1 day of --"(+..~~ _________ ' 2015.


39



BETWEEN:


- and-


Re: Compressed Work Week

The Employer and Union agree to discuss the concept of a compressed work week in some or all of the departments of the Employer within 120 days of ratification (without prejudice to the Employer's right to implement 12 hour shifts on an individual basis where the Employer determines such shifts are required).

DATED at Kenora, Ontario, this c2 51'1 day of ---,,(-Jcf.=-~'-"--=---------' 2015.


40



BETWEEN:


- and-


Re: Part-time Position Conversions

In the event the Ministry of Community and Social Services provides Kenora Association for Community Living with targeted, annualized funding specifically for part-time position conversion, the Employer and Union shall together review the use of part-time positions within the Agency. The parties shall discuss the issues surrounding the conversion of part-time positions to full-time positions within ninety (90) days of the Employer's receipt of the funding prior to the implementation of conversion of part-time position(s).

When converting part-time positions into full-time positions, any such conversions shall be made in accordance with Article 11.05 of the Collective Agreement) Posting of Vacancies).

;-t:( (L~ DATED at Kenora, Ontario, this ;?3 day of--t~'+-_~ _________ ' 2015.


Uohc)} ciA LvRJies

41



BETWEEN:


- and-


Re: WSIB

The Employer confirms that it will not replace current WSIB coverage with any other coverage for the duration of this collective agreement.

DATED at Kenora, Ontario, thisC2,~rc( day Of---lo.("""#b-~_~ ______ ' 2015.


42



BETWEEN:

KENORAASSOCIATION FOR COMMUNITY LIVING

- and-


Re: Casual and Regular Part-Time Issues

The parties agree to meet to discuss issues of mutual concern regarding casual and regular part-time employees, including but not limited to issues concerning:

• The recruitment and retention of casual part-time employees • Scheduling of regular part-time and casual part-time employees • Call-in practices regarding the offering of shifts to casual part-time

employees

DATED at Kenora, Ontario, this !A 3/' c( day Of.---..:...(~~--.:.....-________ , 2015.


43



BETWEEN:


- and-


Re: Unfunded Low Wage Issue - Nursery Aide Education Rate

Effective April 1, 2015 the educational qualifications for Nursery Aide positions are redefined to completion of Early Childhood Education - 2 year Diploma and registered with the Ontario College of Early Childhood Educators.

For 2015/16 the non-education rate for Nursery Aide positions is increased $0.05 hourly in addition to the $0.49 hourly general wage increase.

For 2015/2016 the education rate for Nursery Aide positions is increased $0.08 hourly in addition to the $0.49 hourly general wage increase.

Current 2014/15 2015/16

Non-Ed 18.19 18.68 19.22

Education 18.73 19.22 19.79

DATED at Kenora, Ontario, this63Vc( day Of~(~..,t.F=..:=:::....' ______ ' 2015.


~7Z ~

d1a~ ;3lkF

44



BETWEEN:


- and-


Re: Wage Enhancement for Qualifying Child Care Staff

The Employer has been advised that wage enhancement funds will be made available for Child Care wage enhancement. Specifically, the Employer has been advised that the following amounts will be available as additional wage dollars:

Effective January 1, 2015: additional $1.00 per hour Effective January 1,2016: an additional amount per hour, to be determined.

The employer will apply for such additional wage dollars as are available, and will apply such funds to qualifying positions according to the terms and conditions of such funding, and for so long as such funding is provided.

ret (0t,,~_ DATED at Kenora, Ontario, this ~ 3 day of -~::::;o'.;::..; ----.:.. ________ , 2015.


45



BETWEEN:


- and-


Re: Casual and Regular Part-time Conversion (Child Care)

The Employer agrees to work with the Union to attempt to convert up to four (4) regular part-time/casual Nursery Aide positions to full-time positions, between April 1, 2015 and March 31, 2016.

The Employer will consider the conversion of up to four (4) additional regular parttime/casual Nursery Aid positions to full-time positions after April 1, 2016, considering financial issues as they exist at the time.

DATED at Kenora, Ontario, this ~3 r d day of --=~.,.,--/--________ , 2015.


46


Between:

MINUTES OF SEITLEMENT

Kenora Association for Community Living

and

Outario Public Service Employees Uoioo.

Union Grievance·

O.P.S.E.U. #03 -702-023

Grievance dated October 20~ 2003

The parties agree to 1he following as fiJJl aDd final settlement of the captioned grievance without Plejudice and without precedent to any oilier matter:

1. Absent exceptional cirQumstanees, all vacation leave must be tabu. in the fiscal year. for which it was earned. Any vacation leave that remaim 1mused at the end of the fis~ year sball be loSt ~d no compeDsation therefor sliall be ,payable" by the" E~l~yersubj~to~cIe 14.~1(b)oftheConc:ctiveAgreement .' "

. . - ... 2. It is acknowledged by the UDioD that it is the sole MSpODSibiIity of each Employee to

apply fOr their desired vaeaUon Jeave(s) as early as possible. If 8Jl Employee fails to apply for his or her vacation leave untill1ear the end of the fiscal year·and the Employer cannot reasonably grant the 1eCluest.. the Bm.pJ.oyer shaD Dot be liable· to compensate the Employee when the leave is lost sulle end of the fiscal year •• !

3. The parties agree that pemlly Employees should DOt cany in their overtime banks an excessive amount of accumulated overtime. In each .month 1hat an Employee's 'ac:cumulated overtime bank appears to be excessive. tle Employer I1ld the Union win so advise him or herandencoumge him. or her to schcdulo ~ngtimeof£

4. As of December 1 of each year. EQlployees with excessive accumulated overtime in their overtime banks shall be notified by the Employer and tho Union 1IJat 1hey must consult With the E'mploycr regardiag die time(s) when. they wish to take ~cient compensating time ofrto reduce to a more acceptable Iewl the accumulated overtime in their banks. Falling agreemeut the Employer will assign.tbe tim.e(s) when sufficient compensating time oft" will be taken to RMfuce the excessive accumulated o~~e '

47


KACL and OPSEU Settlement dated January 22, 2004

S. It is agreed. that this settlement shall be incorporated as an Arbitration Award and that Mr. Roberts is seized to cJeal with any issues arising from. the Award. In the event of any issues arisiug ftom this aWard they shall be resolved by written submissions unless the Arbitrator orders otherwise. .

6. The UnioD agrees to withdrawtbe above Captioued aDevance fi'otn amitratioD.

Dated at the Cif¥ of KellOl1l 1his 22nd day of Janumy 2004.

For the BmplO}'er

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