Collective Agreement Template SIGNATURES · COLLECTIVE AGREEMENT FEBRAURY 1, 2016 – JANUARY 31,...

COLLECTIVE AGREEMENT Between

CHARTWELL MASTER CARE LP C.O.B. AS PINE GROVE LODGE And

HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304

DURATION: FEBRUARY 1, 2016 – JANUARY 31, 2019

COLLECTIVE AGREEMENT

Between CHARTWELL MASTER CARE LP C.O.B. AS PINE GROVE LODGE (hereinafter referred to as "the Employer") and HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304 (hereinafter referred to as "the Union") FEBRUARY 1, 2016 – JANUARY 31, 2019

This printing is for information purposes only. Original signed documents are held on file at MISSISSAUGA MEMBER CENTRE

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE .............................................................. 1

ARTICLE 2 - RECOGNITION ...................................................... 1

ARTICLE 3 - UNION REPRESENTATION .................................... 4

ARTICLE 4 - NO STRIKES OR LOCKOUTS .................................. 7

ARTICLE 5 - JOB POSTINGS HIRING AND TRANSFERS .............. 7

ARTICLE 6 - UNION MEMBERSHIP AND CHECKOFF ............... 11

ARTICLE 7 - WAGE PROGRESSION, PROBATIONARY PERIOD

AND REHIRING ..................................................... 13

ARTICLE 8 - JOB CLASSIFICATION, RATES OF PAY AND

CALL-INS .............................................................. 14

ARTICLE 9 - WORK SCHEDULES, HOURS OF WORK AND

OVERTIME............................................................ 17

ARTICLE 10 - VACATION AND VACATION PAY ....................... 24

ARTICLE 11 - HOLIDAYS ......................................................... 26

ARTICLE 12 - SENIORITY ........................................................ 29

ARTICLE 13 - LAYOFFS ........................................................... 32

ARTICLE 14 - HEALTH AND WELFARE BENEFITS .................... 34

ARTICLE 15 - ABSENCE FROM WORK AND REPORTING ........ 36

ARTICLE 16 - SICK LEAVE ....................................................... 37

ARTICLE 17 - LEAVES OF ABSENCE ........................................ 41

ARTICLE 18 - WORKPLACE SAFETY & INSURANCE BOARD .... 45

ARTICLE 19 - BEREAVEMENT LEAVE ...................................... 47

ARTICLE 20 - JURY DUTY ....................................................... 48

ARTICLE 21 - UNIFORMS ....................................................... 48

ARTICLE 22 - TRANSPORTATION ........................................... 49

ARTICLE 23 - PENSION PLAN ................................................. 49

ARTICLE 24 - UNION EDUCATION AND TRAINING FUND ...... 52

ARTICLE 25 - GRIEVANCE PROCEDURE ................................. 53

ARTICLE 26 - GREIVANCE PROCEDURE ................................. 56

ARTICLE 27 - DISCHARGE, SUSPENSION AND WARNING ...... 59

ARTICLE 28 - DURATION ....................................................... 61

SCHEDULE “A” ...................................................................... 62

CHARTWELL MASTER CARE LP C.O.B. AS PINE GROVE LODGE COLLECTIVE AGREEMENT FEBRAURY 1, 2016 – JANUARY 31, 2019

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COLLECTIVE AGREEMENT

ARTICLE 1 - PURPOSE

1.01 The parties to this Agreement desire to foster and maintain a relationship among the Employer, the Union, and the employees which is in every respect conducive to their mutual well-being. The parties hereby pledge to fairly administer this Agreement as one means by which that purpose can be achieved.

1.02 If this Agreement is silent on any existing rights and privileges this shall not mean that either the Employer or the employees are deprived of such rights or privileges.

ARTICLE 2 - RECOGNITION

2.01 This Agreement covers all employees of Pine Grove Lodge in Woodbridge, Ontario, save and except registered and graduate nurses, director of nursing, supervisors, the administrator, and office and clerical staff.

2.02 A full time employee shall mean an employee in the bargaining unit who is regularly scheduled to work more than twenty-two and one-half (22.5) hours per week.


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A part time employee shall mean an employee in the bargaining unit who is regularly scheduled to work twenty-two and one-half (22.5) hours or less per week.

A casual employee is an employee who is called in to work as required, but does not work a regular schedule, or does so only for a specified period of time.

Casual employees must provide their availability six (6) weeks at a time. This availability must include two (2) weekends for the period of availability. A casual staff who does not work at least three (3) of the shifts they have identified as being available for shall be deemed terminated.

For the purpose of call in shifts casual staff will only be called in in the event that;

a. all available regularly scheduled employees are scheduled to work, or

b. the calling in of a regularly scheduled employee will incur overtime.

A student for the purpose of this Agreement, is an employee who is between the age of sixteen (16) and twenty-five (25), in regular attendance at high school, community college, university or other educational institution except those employees who are returning to school for professional upgrading related to


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employment by the Corporation and continue employment in their classification.

2.03 The Employer agrees not to subcontract work if that would result in less than normal work available for the members of the bargaining unit.

2.04 Personnel outside of the bargaining unit shall not perform work normally done by employees within the bargaining unit if this results in the reduction of hours of regular employees.

2.05 The Union agrees that it is the function and right of the Employer to:

a. maintain order, discipline and efficiently; b. hire, classify, promote and lay off employees; c. discharge and discipline employees for just cause

whenever necessary; d. direct and supervise the employees’ work and

determine work schedules; e. to determine and establish standards, and

procedures for the care, welfare and safety and comfort of residents;

f. to establish, after and enforce policies, rules and regulations to be observed by employees.

2.06 Where the feminine pronoun is used in this Agreement, it shall mean and include the masculine pronoun where the context so requires, and vice versa.


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ARTICLE 3 - UNION REPRESENTATION

3.01

a. Stewards appointed by the Union are representatives of the employees in the processing of grievances. The Union has the right to appoint three (3) stewards. The Union shall notify the Employer in writing of the names of such stewards at the time of their appointment and the Employer shall not be required to recognize any steward until it has been so notified.

b. CLAC Representatives represent the employees in all matters pertaining to this Agreement. They are authorized to negotiate amendments to or renewals of this Agreement and to enforce all rights of the employees under this Agreement and under law.

3.02 A steward shall be given time off, without loss of wages to assist an employee who may be the subject of an investigation and in the presentation of a grievance whenever it is necessary to deal with the investigation or grievance during working hours, and provided she first obtains the permission of her Supervisor.

When a Union Steward’s presence is required by the Employer outside of their regular working hours, they shall be paid by the Employer for all time spent at their regular hourly rate.


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3.03 A Union Steward or Union Representative will have an opportunity to interview each new employee, individually or in a group orientation within their regular working hours and without loss of pay for any employees involved. The purpose of this time is to welcome new employees and discuss Union membership, procedure and explain an employee’s rights and responsibilities flowing from the Collective Agreement. Such time will not exceed fifteen (15) minutes for individuals and thirty (30) minutes in a group setting.

3.04 The Union has the right to appoint two (2) members to the Bargaining Committee. These employees shall be paid the regular hourly rates for all time spent in negotiations whenever this takes place during regular working hours. Payment of wages for these employees shall be shared equally by the Employer and the Union. Seniority shall accrue for all hours spent negotiating a Collective Agreement up to and including conciliation.

3.05 Once every second (2nd) month, off-duty employees will be given the opportunity to meet and discuss Union matters in a room provided on the Employer’s premises.

Such meeting time shall not interfere with the homelike environment of the Residence, nor adversely affect the care and services provided to the residents. In the event this takes place, the meeting shall be


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suspended pending a discussion and resolution satisfactory to the parties.

Upon prior approval of the immediate Supervisor, the Employer shall permit employees who must otherwise be on duty, to attend these meetings without loss of pay.

These bi-monthly meetings may be attended by Representatives of the Union. The Union shall see to it that the Employer is informed of such a meeting.

3.06 Labour-Management Committee a. The Employer and the Union agree to establish an

active labour-management committee which shall meet at least once every three (3) months and which shall deal with any matters of mutual interest or concern. The labour-management committee shall consist of representatives of each party. A Union Representative may attend such meetings.

b. Employees attending the meeting and who are scheduled to work on the day of the meeting, shall not lose any wages nor be paid for more than their regularly scheduled hours.

c. Minutes shall be kept of all proceedings and copies of these minutes shall be sent to all committee members and posted in the Home.


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ARTICLE 4 - NO STRIKES OR LOCKOUTS

4.01 During this Agreement and while negotiations for a renewal Collective Agreement are taking place, the Union shall not permit or encourage any strike, slowdown or stoppage of work, and shall not otherwise restrict or interfere with the Employer’s operations through its members.

4.02 During this Agreement and while negotiations for a renewal Collective Agreement are taking place, the Employer shall not lock out any of its employees, or deliberately restrict or reduce hours of work, or lay off employees when such layoff is not warranted by the workload.

ARTICLE 5 - JOB POSTINGS HIRING AND TRANSFERS

5.01 When filing a vacancy that is expected to last longer than four (4) weeks, the Employer shall give preference to qualified applicants who are members of the Union. Vacancies which the Employer determines to fill expected to be less than four (4) weeks may be filled at the Employer’s discretion. Vacancies will be posted immediately as they are brought to the attention of the administrator, and filled at the end of the posting period unless no one has applied for the vacant position.


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5.02 The Employer shall post all vacancies clearly written on the bulletin board and indicate:

a. posting date; b. whether the position is full-time or part-time; c. whether the position is permanent or temporary; d. starting date; e. department concerned (Retirement or Long-Term

Care); f. classification; g. the regularly scheduled hours; h. number of shifts; i. job requirements.

Only employees who are on vacation at the time of the posting may indicate in advance of the vacation, in writing, of their desire to apply for a specific posting if such a posting should occur during their absence. If the vacationing employee is awarded the position, the Employer may fill the vacancy temporarily. The employee giving the advance notice must get a duplicate of the notice, signed as received, by the supervisor concerned.

5.03 When filling a vacancy, the Employer shall give preference to applicants who are qualified to do the work in the following order of preference:

a. employees with seniority in the classification;


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b. employees with seniority within the bargaining unit;

c. employees who have not attained seniority; d. applicants from outside the bargaining unit.

No part-time employee shall permanently fill a full-time position and no full-time employee shall permanently fill a part-time position until the vacant position has been posted and an employee has applied for that position.

5.04 If a vacant position cannot be filled with employees that are employed, the Employer shall give consideration to an employee on layoff, provided that employee is qualified to perform the work.

5.05 Posting of vacant positions shall be done for at least seven (7) consecutive days. Applicants must notify the supervisor in charge at least two (2) days before the end of the posting that they are interested in the vacant position. Whenever two (2) or more applicants are in the Employer’s opinion qualified to fill the opening, the senior employee shall be given a trial period of thirty (30) working days. The Employer may fill the vacancy on a temporary basis until a permanent candidate has been selected.

A vacancy created by a job posting shall not be subject to more than one (1) further posting. Subject to the provisions of Article 5.03, the third (3rd) and


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subsequent vacancy created may be filled by appointment from the applicants who applied for the previous postings in order of seniority provided they are qualified. If after filling the second (2nd) posting, this results in a vacancy in another department, the vacancy so created shall go through the posting process again.

5.06 An employee selected to fill a vacant position shall hold that position for a trial period of thirty (30) working days. The employee shall receive an evaluation of her work performance from the Employer at the mid-point of the trial period. The position shall become permanent after the trial period unless:

a. the employee feels that she is not suitable for the job and wishes to return to her former one; or

b. the Employer feels that the employee is not suitable for the job.

In either case, the employee will return to her former position and wage rate without loss of seniority. Any other employee, promoted or transferred as a result of the rearrangement of position(s), shall also be returned to her former position and wage rate without loss of seniority.

These provisions shall also apply in the event of a transfer to a job outside the bargaining unit. It is understood, however, that no employee shall be


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transferred to a position outside the bargaining unit without her consent.

5.07 The successful applicant for a temporary job posting is not eligible to apply for another posting until the temporary position has terminated or the new posting has more hours or is permanent in nature.

ARTICLE 6 - UNION MEMBERSHIP AND CHECKOFF

6.01 Neither the Employer nor the Union will compel employees to join the Union. Nor shall the Employer or the Union discriminate against any employee because of Union membership or lack of it. Before commencing work, any new employee will be referred by the Employer to a steward in order to give the steward an opportunity to exercise those functions provided for in Article 3.03. The Employer agrees to inform all new bargaining unit employees that a Collective Agreement is in place.

6.02 The Union agrees that it shall make membership in the Union available to all employees covered by this Agreement.

6.03 Deduction and Remittance of Dues a. The Employer is authorized and shall deduct each

pay period an amount equal to union dues from each employee’s pay. Such deductions commence


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with the first full pay period of the employment of an employee.

b. The amount shall be calculated according to the Union’s dues policy. The Employer shall also deduct any initiation fees authorized by the Union. The Employer shall not deduct more than one (1) pay period’s dues from any one (1) pay cheque of an employee, except as outlined in the Union’s dues policy.

c. The total amount checked off will be turned over to the Union before the fifteen (15th) of the month after the check off is made, together with an itemized list of the employees for whom the deductions are made, their hourly rate, hours worked, and the amount checked off for each. Employees who maintain an employment relationship with the Employer but have not worked sufficient hours to pay dues shall also be listed, and whether they are on leave.

d. The Employer shall be saved harmless for all deductions remitted to the Union.

e. The total amount of union dues annually paid by an employee shall be indicated on the employee’s T-4slip.

Note: The Employer will use best efforts to provide the information requested under (c) above. If it encounters difficulties it will advise the Union and meet to discuss how to resolve.


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6.04 Employees who cannot support the Union, because of conscientious objection, as determined by the Union’s guidelines, may apply to the Union in writing.

ARTICLE 7 - WAGE PROGRESSION, PROBATIONARY PERIOD AND REHIRING

7.01 All employees shall serve a probationary period of six hundred and seventy-five (675) hours or ninety (90) days worked, whichever comes first, up to a maximum of six (6) calendar months.

Upon completion of this probationary period, an employee shall obtain seniority based on the employee’s most recent hiring date. This date shall be the date for determining seniority, vacations, etc.

7.02 A probationary employee shall receive an evaluation of her work performance from the Employer at or about the midpoint of her probation period.

7.03 On or before the expiry date of an employee’s probationary period, the Employer will notify her in writing that:

a. she will receive a permanent appointment, or b. her employment will be terminated.

7.04 The purpose of the probation period is to provide an opportunity to determine whether a new employee has the ability and qualities to become a reliable,


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competent employee. Notwithstanding Article 2.05 (c), it is understood that a lesser standard of just cause may be applied to probationary employees than to seniority employees in matters of discipline and/or dismissal.

ARTICLE 8 - JOB CLASSIFICATION, RATES OF PAY AND CALL-INS

8.01

a. Employees shall be classified and paid in accordance with Schedule “A” and “B” which are attached to this Agreement and each of which forms a part of it.

b. For the purpose of wage progression with job classifications, eighteen hundred and seventy-five (1875) hours shall constitute one (1) year. Hours of work shall include all hours worked and paid for as well as vacation time, paid holidays, and time spent on orientation.

8.02 Wages will be paid bi-weekly, (if possible via direct deposit). Any errors on wages shall be paid within three (3) business days of notification if the error is greater than one hundred dollars ($100.00). Errors of less than one hundred dollars ($100.00) shall be corrected on the employee’s next pay unless in the event of an emergency the employee may request payment within forty-eight (48) hours of notification of the error.


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8.03 New classifications may be established only by mutual agreement by the parties, who shall also negotiate wage rates for such new classifications. If they fail to reach an agreement, they shall submit the dispute to arbitration in accordance with the arbitration procedures outlined elsewhere in this Agreement.

8.04 When an employee reports for work as scheduled or called in, and is notified that no work is available, she shall receive four (4) hours pay, unless it is the result of an employee’s own request and/or action.

8.05 The Employer shall maintain a list of part-time employees who wish to be available for casual call-in. Employees on the call-in list shall be called in order of seniority beginning with the most senior employee, until the staff shortage is filled. Full-time employees who are not scheduled for ten (10) shifts in a two (2) week period may have their names added to the bottom of the call-in list. The Employer will make every attempt to call in qualified personnel to fill absences including offering of overtime before calling non-bargaining unit employees to work.

Each call will be indicated on that part-time call-in sheet as to “worked”, “no answer”, “refused”.

Succeeding call-ins will commence with the person listed below the last person to accept a call-in and so on, on a rotational basis.


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“No answer” and “refused” shall be counted as “worked” for the purpose of call-in rotation. If an employee has an answering machine, the call will still be indicated as “no answer”. The employee may respond to the message left but the shift will not be held awaiting a response.

The Employer shall bypass an employee on the list who would be eligible for overtime premium if called in to work.

Many part-time staff have regularly scheduled shifts. Their first commitment is to those shifts.

Should there be an indication that the replacement required will be for an extended period of two (2) days or more, keeping in mind the continuity of care, those shifts will be offered to one (1) available part-time staff member on the floor in order of seniority.

8.06 When an employee is called in on her scheduled day off and the employee commences work within one (1) hour of the call, she shall be paid for the full shift as if the entire shift had been worked provided she completes the shift she was called in for.

8.07 Where an RPN is hired and has related RPN experience in a long term care or hospital setting she may apply for recognition of that experience on the wage grid, up to a maximum on the grid. Such experience, when


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approved, will be granted on the basis on one (1) year’s movement on the grid for each two (2) year’s experience. Where the experience is part time one (1) year equals one thousand eight hundred and seventy-five (1875) hours paid.

8.08

a. New employees shall receive one (1) orientation shift for each shift that they are hired for. Such employees shall be paid two dollars ($2.00) below the start rate of their classification as outlined in Schedule “A” or Schedule “B”. During orientation the new employee shall be an “extra” in addition to the regular number of employees.

b. Employees designated by the Employer to conduct orientation training shall receive the two dollars ($2.00) per hour for the hours spent orientating the new employees.

ARTICLE 9 - WORK SCHEDULES, HOURS OF WORK AND OVERTIME

9.01

a. The Employer shall post six (6) week schedule covering each respective employee at least one (1) week prior to the effective date of the schedule. Any changes in the schedule after it has gone into


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effect shall be made by mutual consent between the Employer and the employee.

b. It is recognized by both parties that Pine Grove Lodge operates its Master Schedule under a “shadow system” covering all but casual employees. The schedule shall not be amended or changed without prior consultation between the parties.

Each full-time employee is shadowed by a part-time employee. Part-time shadows have the first opportunity of vacation replacement, and lieu days replacement for their full-time partner’s schedule. When a full-time employee drops shifts according to Article 9.13, the part-time shadow has the first opportunity to post into these shifts.

The guiding principle in distributing the work, not subject to job posting or shadow system requirements of this Agreement, shall be that the employee with higher seniority shall be given preference.

c. No employee covered by this Agreement is guaranteed hours of work per day, or per week, or days of work per week.

9.02 It is agreed that the normal shifts shall be as follows:


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a. the first (1st) shift of the day shall commence at eleven o’clock (11:00) p.m. and finish at seven o’clock (7:00) a.m.

b. the second (2nd) shift of the day shall commence at seven o’clock (7:00) a.m. and finish at three o’clock (3:00) p.m.

c. the third (3rd) shift of the day shall commence at three o’clock (3:00) p.m. and finish at eleven o’clock (11:00) p.m.

The parties recognize that there are existing shifts, including short shifts, that vary from the times set out above and that there may be requirement to change shifts and establish alternative shifts.

Changes if required will be based on the need to provide efficient quality care for the residents. Changes to the existing shift start and end times will not be implemented without concern for and without consultation and mutual agreement with the Union.

9.03 The Employer shall endeavour to arrange shifts so that each full-time employee shall have every other weekend or two (2) out of four (4) weekends off and each part-time employee shall be scheduled one (1) weekend out of every three (3) weekends off or more often if possible, unless mutually agreed otherwise.

9.04 No full-time employee shall be scheduled to work more than five (5) consecutive days (unless mutually agreed


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otherwise) or more than ten (10) shifts biweekly. Full-time employees shall receive overtime pay for all time worked after six (6) consecutive days.

Employees may exchange free days and working days provided that:

a. the request for such an exchange is in writing and signed by each employee; and

b. the request is submitted at least five (5) working days in advance of the exchange, except in the case of emergency*; and

c. such exchange is approved by the Employer as not affecting the efficient and effective operations of the Home; and

d. the exchange is normally completed within a two (2) week pay period.

The Employer will not be discriminatory or arbitrary in its approval of shift exchange requests. Any exchanges initiated by the employees and approved by the Employer shall not result in overtime compensation or payment. The Employer will consider extenuating circumstances where employees cannot exchange their shift or shifts on a case by case basis.

It is understood that shift exchanges are not intended and will not be approved where the employee is consistently exchanging the same shift(s) and therefore is not fulfilling the requirements of their position.


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However, in exceptional circumstances, should two (2) employees desire to exchange a shift(s) on an ongoing basis, they may present their request to the Employer, outlining the desired duration of the shift exchange and the reason for it (eg: 6 months). The approval of such a request shall be at the discretion of the Employer, but shall not be unreasonably denied.

*For these purposes an emergency is a serious situation, beyond the employee’s control, unforeseeable, occurring with no notice and for which the employee’s attendance is required.

9.05 No employee shall be required to work more than two (2) different shifts in any one (1) week unless the employee agrees otherwise. Each scheduled employee shall have a break of at least sixteen (16) hours between shifts.

9.06 Employees scheduled for four (4) hours shall have one (1) fifteen (15) minute paid break. Employees scheduled for five and a half (5.5) hours shall have one (1) fifteen (15) minute paid break and one half (.5) hour unpaid break. Employees scheduled for more than seven (7) hours shall have two (2) fifteen (15) minute paid breaks and one half (.5) hour unpaid break. Employees shall be allowed to take their full break(s) as set out above without interruption, except in cases of fire drill and emergencies. Interrupted breaks shall be extended for the portion missed.


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9.07 All employees shall be entitled to overtime pay at one and one-half times (1.5) the regular rate of pay for all time worked in excess of seven and one-half (7.5) hours per day or seventy-five (75) hours bi-weekly.

9.08 There shall be no pyramiding of premium rates in any period.

9.09 Part-time employees shall not be used to deprive full-time employees of the maximum allowable hours, unless this is unavoidable.

9.10 All employees who are required by the Employer to work on two (2) or more shifts within a two (2) week period, shall receive a shift premium of thirty-five cents ($0.35) for each hour worked on the evening or night shifts only. Shift premium will not be paid for any hour in which an employee receives overtime premium and shift premium will not form part of the employee’s straight time hourly rate.

Employees will not be moved to other shifts unless mutually agreed upon or unless they were hired for all shifts.

9.11 All employees who work between 23:00 Friday and 23:00 Sunday shall receive a weekend shift premium of twenty cents ($0.20) per hour worked. Shift premium will not be paid for any hour in which an employee receives overtime premium. The weekend premium


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shall not form part of the employee’s straight time hourly rate.

Effective February 1, 2017, weekend premium will increase to twenty-five cents ($0.25).

Effective February 1, 2018, weekend premium will increase to thirty cents ($0.30).

9.12 Full-time employees with five (5) or more years of seniority may be allowed to reduce their work schedule to a minimum of eight (8) shifts in a two (2) week pay period. Such requests shall not be unreasonably denied. Employees desiring this opportunity shall submit their request in writing once annually to their Department Manager during the month of October.

When the full time employee leaves her position on a permanent basis, the position will be posted without the shift reduction. Part-time employees taking these extra shifts are not eligible to receive full-time benefits. It is understood that the employee accepting the dropped shift(s) is then responsible for working the shift(s), and any shift exchange of said shift(s) must meet the requirements of Article 9.04. It is understood that such exchange of shifts shall not result in the payment of an overtime premium.

The temporary dropped shifts will be offered first to the full-time employee’s shadow. If the shadow is


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unavailable to add these shifts to her part-time complement, the shifts will be posted as temporary and follow the posting procedure. If the dropped shifts cannot be filled by this process the request may be denied.

The above process may be reversed where a full-time employee wishes to regain the shifts previously dropped. This opportunity will be made available once annually during the month of October.

9.13 When the Employer temporarily assigns an employee to carry out the responsibilities of a supervisory employee, for greater than half a shift, including an RPN covering two (2) floors and in the absence of an RN, the Employer shall pay the employee an additional seven dollars and fifty cents ($7.50) per shift.

ARTICLE 10 - VACATION AND VACATION PAY

10.01 Full-time employees shall be entitled to vacations according to the following schedule:

Period Worked Vacation

Time Vacation Pay

Less than 1 year 1 week 4%

1 year to 3 years 2 weeks 4%

3 years to 8 years 3 weeks 6%



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28 years or more 7 weeks 14%

Part-time employees shall have the equivalent year’s vacation entitlement for each eighteen hundred and seventy-five (1875) hours worked or paid for.

10.02 The date for determining the “period worked” is the employee’s most recent hiring date, and the calculation shall be made as at that date.

10.03 Vacation pay is calculated at the applicable percentage of the employee’s gross earnings.

10.04 On January 1 of each year the Employer shall post a blank vacation schedule sheet. Between January 1 and March 15, each employee shall have the right to indicate on this sheet the time during which she prefers to take vacation.

10.05 The complete vacation schedule shall be determined by the Employer in consultation with the Union stewards between March 16 and April 15. The guiding factor shall be seniority. Whenever a conflict arises between competing employees, the conflict shall be resolved on the basis of seniority. Vacation requests submitted after April 15th shall be granted on a first come first serve basis.


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10.06 The Employer shall post the final schedule on or about April 15. This schedule shall not be changed except with mutual consent.

10.07 Vacation pay proportional to the vacation time scheduled shall be paid (if possible via direct deposit) on the regular pay when they take their vacation, unless mutually agreed otherwise. Employees have the option to receive vacation pay on the pay day immediately prior to the commencement of his/her vacation. Such requests shall be made at least three (3) weeks in advance of the scheduled vacation. Casual employees will have their vacation pay paid out on each bi-weekly pay period.

10.08 Vacation time will not be carried over from year to year.

ARTICLE 11 - HOLIDAYS

11.01 Employees having completed their probation shall be entitled to the following holidays:

New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.

In addition to the above-named holidays and full-time employees shall be entitled to two (2) float holidays per calendar year.


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11.02 An employee who works on a paid holiday shall be paid at the rate of one and one-have times (1.5x) her regular hourly rate for each hour worked, in addition to her regular wages for the holiday. Instead of receiving regular wages for the holiday, an employee may, by mutual agreement, be given one of her regularly scheduled working days off in lieu of the holiday. The selection of the lieu day shall occur any time after the statutory holiday and the employee’s choice shall not be unreasonably withheld. It is understood that absent a request to bank a lieu day, an employee shall be paid her statutory holiday pay.

It is further understood that lieu days banked from Christmas Day and Boxing Day may be carried over into the following calendar year.

11.03 If any of the paid holidays listed above occurs on an employee’s regular day off, the employee will:

a. receive holiday pay, or b. after the date of the holiday, receive another day

off in lieu with pay, on a date that is agreed to between the employee and the Employer.

All lieu days shall be requested at least two (2) weeks in advance and shall be taken with sixty (60) days of the holiday for which it was earned. An employee may accumulate a maximum of three (3) lieu days. Lieu days not taken with in sixty (60) days and lieu days that


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exceed the three (3) day limit shall be paid out to the employee at their regular rate of pay.

11.04 A part-time employee shall not be entitled to a paid holiday unless she has worked on ten (10) days during the four (4) weeks immediately preceding the holiday.

11.05 Floating holidays, may be taken at the discretion of the employee subject to the approval of the Administrator or designate within each calendar year. Full-time employees are eligible for two (2) float holidays, one (1) every six (6) months provided the employee has completed their probation period. Part-time employees are eligible for one (1) float holiday every year provided the employees has completed their probationary period with a minimum of 937.5 hours worked. Float holidays may not be carried over into the following year. Students are not eligible for float holidays.

11.06 If a paid holiday occurs during the vacation period of a full-time or part-time employee, the employee shall receive an additional day’s pay at regular rates in lieu of the holiday.

11.07

a. An employee shall not be entitled to holiday pay unless she reports for work on her last scheduled shift before the holiday and on her first scheduled shift after the holiday. This restriction shall not


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apply if the employee is excused in writing by the charge nurse or administrator, or if she is ill on one of the qualifying days and produces an appropriate doctor’s certificate.

b. No employee shall be entitled to holiday pay and sick leave on the same day. If an employee is ill on a holiday she shall only receive holiday pay.

11.08 If an employee misses a qualifying day as outlined in 11.07 a) when there are two (2) or more consecutive holidays, the employee shall lose one (1) holiday for each qualifying day missed.

11.09 Employees will normally work Christmas one year and New Year’s Day the next. The Employer will endeavour to schedule an employee off two (2) days in a row (Christmas and Boxing Day one year and New Year’s Eve and New Year’s Day the next). This rotation will not change if the employee exchanges those shifts with another employee. Should the Employer be unable to schedule two (2) days off in all cases seniority will be the deciding factor.

ARTICLE 12 - SENIORITY

12.01 Seniority is the ranking of employees in accordance with their length of employment with the Employer. Seniority for full time employees shall be calculated from their most recent date of hire. Seniority for part


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time employees shall be accumulated on the basis of eighteen hundred and seventy-five (1875) hours equals one (1) year. The Employer shall recognize seniority within their classification. The recognized classifications in the Nursing Home are:

a. Registered Practical Nurse; b. Health Care Aide/Personal Support Worker; c. Cook; d. Recreation Aide/Activation; e. Housekeeper/Laundry Aide/Maintenance; f. Dietary Aide.

In the Retirement Home:

a. Guest Attendant; b. Registered Practical Nurse; c. Recreation Aide/Activation.

The seniority date for part time employees transitioning to full time status shall be determined by dividing the employee’s total number of seniority hours by eighteen hundred and seventy-five (1875). Full time employees moving to part time status will determine their seniority hours by multiplying their number of years of service from the most recent date of hire by eighteen hundred and seventy-five (1875).

12.02 The Employer will post seniority lists February 1st and August 1st of each year (closest pay period) and shall


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send a copy to the Union office. The seniority list will include date of hire, seniority hours, classification and status. Employees shall have 30 days to challenge their seniority standing and in the event they fail to challenge, they shall be deemed to have proper seniority standing.

12.03 An employee’s seniority rights shall cease to exist if an employee:

a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed

through the grievance procedure; c. fails to report on the first (1st) day following the

expiration of a leave of absence, unless she has a reason acceptable to the Employer;

d. is laid off for a continuous period of more than twelve (12) months; is laid off for a continuous period of more than twenty-four (24) months for employees with more than three (3) years of seniority;

e. has been absent for three (3) consecutive working days without having notified the Employer, unless a reason acceptable to the Employer is given;

f. retires or is retired; g. is off work due to illness or injury for a period in

excess of two (2) years or a period of time consistent with human rights jurisprudence unless


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there is no likelihood the employee will return to work in the near future;

h. is off work due to WSIB for a period in excess of (2) years or a period of time consistent with human rights jurisprudence unless there is no likelihood the employee will return to work in the near future;

i. fails to maintain current contact information and the Employer is unable to reach them by normal means for a period of one (1) month, unless the employee was unable to due to exceptional circumstances.

ARTICLE 13 - LAYOFFS

13.01

a. In case of layoffs, the Employer will recognize the seniority standing of each employee. Ability to perform available work being relatively equal, seniority shall prevail so that the employee having the highest seniority shall be laid off last and recalled first.

b. An employee whose position is subject to layoff shall have the right at the employee’s option to either:

i. Accept the layoff or reduction, or; ii. Displace an employee who has lesser

bargaining unit seniority, provided that such a position exists on any shift which is equal or less


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than their regularly scheduled position, and provided they are qualified for and can perform the duties in the new classification without training, other than orientation;

iii. If employees exercise the option of transferring to another classification, they will serve the thirty (30) working day trial period. If the employee does not successfully complete the trial period, or she feels she is not suitable for that position, she will be laid-off as per Article 13.01 of the Collective Agreement.

An employee will have three (3) business days following written notification of their lay off to indicate their choice. Failure to indicate within the above time limits will be deemed to mean the layoff is accepted.

13.02 The Employer shall notify employees as well as the Union of his intention to lay-off in accordance with the Employment Standards Act. For all employees, it is agreed and understood that a reduction in the number of scheduled hours in a week does not constitute a layoff unless the employee has her hours reduced in excess of two and one half (2 ½) hours bi-weekly.

13.03 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within three (3) working days after the layoff becomes effective.


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13.04 An employee who is recalled to work after a layoff must return to work within two (2) working days if unemployed and within seven (7) working days if employed elsewhere. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee’s last known address.

ARTICLE 14 - HEALTH AND WELFARE BENEFITS

14.01 The Employer agrees to give administrative cooperation to the Christian Labour Association of Canada Health Fund for all full-time employees covered under this Agreement. The Employer further agrees to provide one hundred percent (100%) of the cost of the Health Fund, maintained and administered by the Union and supervised by a Board of Trustees. This fund will provide full-time employees with life insurance, accidental death and dismemberment insurance, a major medical health insurance, a dental plan, and additional benefits to be determined by the Union from time to time.

14.02 Part-time employees shall receive sixty cents ($0.60) in lieu of benefit premium for all hours worked and paid for. It is understood that a student does not qualify for such “in lieu of” premium.

14.03 An employee normally entitled to insurance coverage, who is on maternity/adoption leave, shall continue to


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be eligible for insurance coverage for a period of twelve (12) months. An employee on a leave of absence due to illness or injury, shall continue to be eligible for insurance coverage for a period of two (2) months.

The employee on such leave is required to provide post dated cheques for her portion of the benefit premium for the duration of the leave. Cheques shall be dated the first of the month. Failure to do so will result in the termination of benefits and the employees will be subject to carrier sign-up policy provisions, upon their return from such leave.

14.04 Coverage for all of the above insurances shall commence upon completion of the employee’s probationary period. The Employer is responsible at all times for the enrolment and the proper remittance and payment of premiums to the Health Fund.

14.05 A person normally eligible for insurance coverage and on a leave of absence may continue under the insurance plans by paying the total monthly cost to the Employer by the tenth (10th) day of each month if so arranged with the Employer for any month in which she is not entitled to Employer-paid coverage.

14.06 Employees who continue to be employed past age sixty-five (65) shall be eligible for the following benefits under the same cost sharing basis of active employees:


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a. Life Insurance reduced by fifty percent (50%) b. Extended Health c. Vision Care d. Dental e. Hearing

In any event, once an employee reaches age seventy (70) and she continues to be employed, she shall automatically receive sixty cents ($0.60) per hour worked in lieu of such benefits.

14.07 If the carrier agrees, cheques will be sent directly to the employee.

ARTICLE 15 - ABSENCE FROM WORK AND REPORTING

15.01 If an employee is unable to report for work, she shall give the Employer a minimum of four (4) hours notice. In case of day shift work, this time element shall be two (2) hours. If notice is not given within the required time, the employee shall not be entitled to sick pay on the first day of illness.

15.02 An employee who is off work due to illness or injury for a “short-term” must inform the Employer before 2:00 p.m. on the day before she is able to return to work that she will return to work. In case of a “long-term” absence, she must inform the Employer forty-eight (48) hours in advance of her usual shift that she will return to work. The Employer bears no cost burden for re-


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scheduling the displaced employee as a result of the exercise of this clause.

“Short-term” absence in this Article shall mean more than one (1) day and less than eight (8) days.

“Long-term” absence in this Article shall mean more than one (1) week but less than one (1) month.

ARTICLE 16 - SICK LEAVE

16.01 Pay for sick leave is for the sole and only purpose of protecting employees against loss of income and will be granted to all employees on the following basis:

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

16.03 Employees who have completed the probationary period shall be credited with three (3) days of sick leave and shall then accumulate sick leave credits at the rate of seven and one half (7 ½) hours (one [1] credit) for each period of one hundred and fifty (150) hours (twenty [20] credits.) Providing credits are available, employees will be eligible to claim one hundred percent (100%) of scheduled lost time due to illness for the first two (2) calendar weeks during any one (1) illness.


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16.04 The employee shall apply for E.I. sick leave for weeks 3 through 17 of any personal illness or injury. The Employer will top-up these benefits to sixty-six and two thirds percent (66 2/3%) of her straight time wages. In the event the employee does not qualify for E. I. sick leave benefits by reason of lack of adequate contributions, she shall receive sixty-six and two thirds percent (66 2/3%) of her straight time wages for weeks 3 through 17 of any personal illness or injury but shall not be eligible for benefits under 16.05 below.

16.05 The Employer will pay one hundred percent (100%) of the billed premium for full-time employees for a weekly indemnity plan covering personal illness or injury for weeks 18 through 35 of such illness or injury. Payment under weekly indemnity will be sixty six and two thirds percent (66 2/3%) of scheduled straight time wages lost.

16.06 Weekly Indemnity plan for new employees to be effective on completion of the probation period. Weekly Indemnity payments shall be mailed directly to the employees’ home or paid by direct deposit.

16.07 Where an employee’s scheduled vacation is interrupted due to a serious illness requiring the employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave provided the employee provides a satisfactory documentation of the illness and the hospitalization.


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The portion of the employee’s vacation which is deemed to be sick leave under the above provision will not be counted against the employee’s vacation credits.

16.08 It is understood that the Employer may, at its discretion or at employee request, reschedule vacation for an employee whose vacation would be interrupted by a serious illness, occurring immediately prior to the scheduled vacation.

16.09 The Employer may request proof of disabling accident or illness:

a. For any absence in excess of two (2) days;

i. For the fourth (4th) and succeeding illness in the sick leave year.

The Employer may request proof of disabling accident or illness where it suspects abuse of the sick leave provision.

16.10 The Employer shall exercise discretion in making such requests.

16.11 If the Employer requires a sick leave certificate and the doctor charges the employee for such certificate outside OHIP, the Employer will pay for the certificate. In the alternative, the Employer may require an employee to attend an independent physician other


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than the employee’s own physician to provide a sick leave certificate. In such circumstances the Employer shall pay for any medical fees charged beyond OHIP in relation thereto.

16.12 The Employer will notify an employee of their accumulation of sick leave upon request by the employee.

16.13 An employee who is absent due to pregnancy related illness may be eligible for sick leave under the sick leave plan up to ten (10) weeks prior to the expected date of delivery subject to 17.06.

16.14 An employee off work due to illness or injury and entitled to sick leave shall not engage in any gainful employment during the time she is off work. An employee who violates this rule will forfeit all seniority rights and is subject to dismissal.

16.15 The regular rates of wages of a part-time employee whose hours of work differ from day to day, shall be the average of the part-time employee’s daily earnings exclusive of overtime for the days worked in the thirteen (13) week period immediately preceding the illness.


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ARTICLE 17 - LEAVES OF ABSENCE

17.01 An employee shall be entitled to a leave of absence without loss of seniority when requested for good and sufficient reasons acceptable to the Employer. Such consent shall not be unreasonably withheld having regard for the reasons of the requested leave and the staffing requirements of the facility. The request for and response to the request shall be put in writing.

Such requests shall be submitted at least one (1) month in advance of the start of the leave, unless it is impossible to do so. When applying, applicants must indicate the date of departure and specify the date of return. It should be noted that requests for leaves of less than one (1) week will not normally be granted. The Employer shall give their written reply to the request within two (2) weeks after the Employer has received the request.

17.02 Employees who are on leave of absence will not engage in employment elsewhere, unless approved by the Employer in writing. An employee who violates this rule will forfeit all seniority rights, and may be dismissed by the Employer.

17.03 An employee who overstays a leave of absence shall be considered to have terminated employment, unless she has obtained permission from the Employer or


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provided the Employer with an explanation acceptable to the Employer.

17.04 A leave of absence will not be granted to an employee who has worked less than 1875 hours, unless agreed to by the Employer. Unless stated otherwise in this Agreement, an employee on leave of absence shall not receive or accrue any benefits.

17.05 All benefits, except seniority, shall stop immediately during a leave of absence except as stipulated in Article 14.03 and 14.05.

17.06 Pregnancy and Parental Leave

Pregnancy Leave a. Pregnancy leave of absence shall be granted in

accordance with the Employment Standards Act. The pregnancy leave request shall be accompanied by a certificate from a physician stating the expected due date. Benefit coverage during the approved leave shall be in accordance with Article 9.04.

b. An employee on leave as set out in a) above, who is in receipt of Employment Insurance Maternity Benefits shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings and the sum of her weekly Employment Insurance


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benefits. An employee must complete ten (10) months of continuous service prior to the expected date of birth to be paid a supplemental unemployment insurance benefit.

Such payment shall commence on a monthly basis following completion of the two (2) week Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance Maternity Benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (15) weeks. The Employer will accept the first EI stub as full and sufficient proof of her eligibility for top-up payments for the duration of the maternity leave period.

The employee’s regular weekly earnings shall be determined by multiplying her hourly rate on her last day worked prior to the commencement of the leave, times her average hours worked per week during her four (4) regular pay periods prior to the commencement of the pregnancy leave.

17.07 A person normally eligible for insurance coverage and on a leave of absence may continue under the insurance plans by paying the total monthly cost to the Employer by the tenth (10th) day of each month if so arranged with the Employer for any month in which she is not entitled to Employer-paid coverage.


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17.08 Upon application by the Union, in writing, the Home will give reasonable consideration to a request for a leave of absence, without pay, to an employee elected or appointed to a full time position with the Union. The Employer shall be given a minimum of four (4) weeks notice of such request. It is understood that no more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave shall be for not more than one (1) calendar year from the date of appointment.

Seniority shall accumulate for employees during such leave, on the basis of what his/her normal regular hours of work would have been. Service shall accumulate for employees during such leave to the maximum provided, if any, under the provisions of the Collective Agreement. It will become the responsibility of the employee for full payment of any applicable benefits in which the employee is participating during such leave of absence.

The employee shall notify the Home of her/his intention to return to work at least four (4) weeks prior to the date of such return. The employee shall be returned to her/his former duties on the same shift in the same department and at the appropriate rate of pay, subject to any changes which would have occurred had the employee not been on leave.


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The Home may fill the vacancy resulting from such leave on a temporary basis.

17.09 The Employer agrees to grant leave of absence for Union business to employees selected by the Union to participate education and other Union business. It is understood the maximum total of all leaves granted under this section will not exceed ten (10) normal working days per five (5) employees in any calendar year and requests for such leave of absence shall be made, in writing, at least two (2) weeks in advance. The Employer shall maintain the member’s regular wages for the duration of such leave and bill the Union to be reimbursed for payment.

ARTICLE 18 - WORKPLACE SAFETY & INSURANCE BOARD

18.01 Where an employee is absent due to illness or injury which is compensable WSIB, the following shall apply:

a. An employee will not be eligible for paid holidays, sick leave, or any other benefits mentioned in this Agreement during any absence covered by WSIB except where specified otherwise. An employee’s absence during which she receives WSIB shall be considered as time worked for the purpose of calculating seniority, providing the employee returns to work within two (2) years after the injury or illness occurred.


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b. If the anticipated length of an absence due to a compensable accident is two (2) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure in this Agreement. If the anticipated absence is less than two (2) months, the Employer may fill the position with part-time help. An injured employee shall have a period of two (2) years, within which she shall retain her seniority; within two (2) years, if applicable, she shall have the right to return to work, but only if her doctor indicates to the Employer that she has the physical capacity to fully perform her normal job.

c. If an employee returns to work within two (2) years, she shall regain her former job or its equivalent without loss of seniority accrued to the date of injury. In such a case the returning employee will displace the employee with the least seniority in the category to which the former is returning.

d. When such an employee returns to work within two (2) years and is capable only of performing work of a different kind or lighter nature or under a modified work program, and such work is available in a classification mentioned in this Agreement, the employee may exercise seniority and displace another employee with less seniority in that classification.


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e. This Article shall be interpreted and administered in accordance with Article 12.03 h).

f. The Employer shall continue to make contributions for employment benefits for one (1) year as required under the Workplace Safety and Insurance Act.

ARTICLE 19 - BEREAVEMENT LEAVE

19.01 An employee who has completed the probationary period and is bereaved of a spouse, common law spouse or child shall be granted a leave of absence of five (5) consecutive days with pay, pursuant to Article 19.03. If bereaved of a parent, brother, sister or grandchild, then the leave shall be four (4) days with pay. If bereaved of grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, or son-in-law, then the leave shall be of three (3) days with pay. If an employee is bereaved of an aunt, uncle niece or nephew, then the leave shall be of one (1) day with pay. An employee who has not completed the probationary period shall be granted a leave of absence; however, such leave may be without pay.

The Employer reserves the right to ask for proof of bereavement.

19.02 In the event of a spring interment, an employee may save one (1) of the days identified above without loss


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of pay to attend the interment. This needs to be identified at the time of death.

19.03 The leave of absence shall be between the date of death and the day after the funeral.

19.04 Bereavement pay shall apply only to days upon which the employee was scheduled to work.

19.05 The employee shall not receive bereavement pay when she is also receiving holiday pay or vacation pay.

ARTICLE 20 - JURY DUTY

20.01 The Employer shall reimburse an employee on jury duty at the regular rate of pay for each scheduled day while serving on jury duty. The employee must provide the Employer with a signed documentation from the clerk of the court, stating the days in attendance and the amount of payment received from the court. The Employer shall deduct payments received from the court from the employee’s wages.

20.02 It shall be the employee’s responsibility to advise the Employer immediately of the date(s) she is to serve on jury duty.

ARTICLE 21 - UNIFORMS

21.01 The Employer agrees to provide a uniform allowance of twelve dollars ($12.00) per month worked for each full-


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time employee and six dollars ($6.00) per month worked for each part-time employee. It is understood that the Employer may require employees to wear an approved uniform, so long as the uniform policy is reasonable.

ARTICLE 22 - TRANSPORTATION

22.01 An employee shall not be required to use a personal vehicle on behalf of the Employer.

22.02 Employees shall not transport residents on behalf of the Employer in a personal vehicle.

ARTICLE 23 - PENSION PLAN

The CLAC Pension Plan (“the Plan”), a defined contribution, registered pension plan, which is registered with the Canada Revenue Agency and the Financial Services Commission of Ontario under #0398594, applies to all employees covered by this Collective Agreement.

23.01 New employees will join the Plan after completing the probation period mentioned in Article 7.01.

23.02 All eligible employees shall be given the opportunity to choose the level of pension contributions made from a minimum of one percent (1%) to a maximum of four percent (4%) of covered wages. The Employer shall


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make contributions to the pension plan matching those of the eligible employees.

23.03 Should an employee fail to make a selection of a contribution level, a full-time employee’s contribution level will be set at the default of four percent (4%) and part-time employees at one percent (1%).

23.04 The Employer agrees to deduct, by way of payroll deduction, and remit to the RPC, additional voluntary employee pension contributions which are above and beyond those contributions outlined in Articles 23.02. A request for such deductions shall be submitted to the Employer on a form provided by the Plan and a copy of the completed form shall be sent to the Union along with the first remittance of such voluntary contributions.

23.05 The Employer’s contributions to the Plan will be non-refundable to the Employer once received by the RPC and will vest immediately in the employee on whose behalf the deposit was made.

23.06 The total amount of pension contributions remitted by the Employer, on an employee’s behalf, cannot exceed the annual maximum money purchase outlined by the Canada Revenue Agency. The Employer has no obligation to monitor the employee’s contribution made outside the employment relationship. For greater clarity, if the employee exceeds the annual maximum


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money purchase limit as a result of contributions made outside the employment relationship, the Employer shall not be liable for any tax consequence imposed on the employee.

23.07 The Employer has an obligation to continue pension contributions during a period of injury insured under applicable provincial workplace safety insurance legislation, to the extent required by such legislation.

23.08 The Employer will remit pension contributions to the RPC by the fifteenth (15th) day following the end of the month for which contributions are payable, together with an itemized list of the employees and the amounts applicable for each. Employer, employee and voluntary contributions will be recorded separately on the remittance. The Employer agrees to provide the Union with the social insurance number and current address of all employees on whose behalf contributions are being remitted.

23.09 Subject to letter of understanding, in the event that a remittance has not been received by the Union by the date set out in Article 23.08, the Employer is responsible to compensate the Plan for any investment returns lost by the employees as a result of the late remittance. This compensation amount shall be calculated on all applicable contributions which are part of the remittance.


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23.10 Where legislation prohibits an employee from contributing because of age, an amount equivalent to the contributions in Article 23.02 will be paid to that employee on each paycheque. This payment in-lieu of pension contributions will not be less than the amount that employee would have received if he/she were still contributing to the Plan.

23.11 The Union acknowledges and agrees that, other than remitting contributions to the Plan as set out in this Article, the Employer shall not be obligated to contribute toward the cost of pension benefits provided by the Plan or be responsible for providing such benefits.

23.12 The Employer and the Union will cooperate in providing the information required to administer the Plan on the employees’ behalf. The Plan staff shall be responsible for informing the employees about the Plan, which includes providing updated account statements of all contributions received, investment returns allocated, and the current account balance.

ARTICLE 24 - UNION EDUCATION AND TRAINING FUND

24.01 The Employer shall monthly remit to the Union, together with the remittance of Union dues, two cents ($0.02) per hour worked for each employee in the Union’s bargaining unit. The remittance will show the


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number of hours worked by each employee in the month in question. The purpose of the fund will be for providing paid education leave and for upgrading the employee skills in all aspects of union functions.

ARTICLE 25 - GRIEVANCE PROCEDURE

25.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a complaint has been referred to the employee’s immediate Supervisor.

The Supervisor shall give an oral decision to the complaint with five (5) workdays.

If the employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance procedure.

The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.

25.02 Unless stated otherwise, any reference to a number of days in this Agreement shall be a reference to calendar days.

25.03 The Employer or the Union shall not be required to consider or process any grievance which arises out of any action or condition more than five (5) working days,


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excluding Saturdays, Sundays and holidays after the complaint procedure as outlined in 25.01. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties concerning the interpretation, application or administration of this Agreement.

25.04 A “group grievance” is defined as a single grievance, signed by a steward or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a “group grievance”.

25.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation, application, or administration of this Agreement. A policy grievance may be submitted by either party at Step 2 of the grievance procedure. A policy grievance submitted by the Union shall be signed by a CLAC Representative and submitted to the Employer. A policy grievance submitted by the Employer shall be signed by the Employer or his representative.


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25.06 Step 1 Any employee having a grievance must, accompanied by a steward or a CLAC Representative, submit the complaint in writing to her immediate supervisor within five (5) working days, excluding Saturdays, Sundays and holidays, after the complaint procedure as outlined in Article 25.01. The supervisor will deal with the grievance not later than the third (3rd) working day following the day on which the grievance is submitted, and will notify the grievor and the Union Representative of his decision in writing not later than the third (3rd) working day following the said meeting.

Step 2 If the grievance is not settled under Step 1, a Union Representative will, within five (5) working days, excluding Saturdays, Sundays and holidays, after the decision under Step 1 (or the day on which this decision should have been made), submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union Representative of his decision in writing within three (3) working days following the said meeting.

25.07 Time limits shall be strictly enforced unless both parties agree to an extension of time limits.


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ARTICLE 26 - GREIVANCE PROCEDURE

26.01

a. If the parties fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration as follows.

b. The parties may mutually agree to refer the grievance procedure to mediation. If so agreed, the cost of mediation shall be shared jointly between the parties.

26.02

a. The party requiring arbitration must serve the other party with written notice of the desire to arbitrate, within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure.

b. The parties shall meet with a settlement officer as outlined in Section 45 (4.1) of the Labour Relations Act, to endeavour to effect a settlement before the arbitrator or board of arbitration begins to hear the arbitration.

26.03 If a party wishes to arbitrate a dispute, it shall indicate whether it wishes to have this done by a board of arbitration or by a sole arbitrator. If the party serving the notice opts for a board of arbitration, the two parties shall each nominate a nominee within seven (7) days, and each shall notify the other party of the name


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and address of its nominee. The two nominees so appointed shall jointly select a chairman. If they are unable to agree on the selection of a chairman within seven (7) days of their appointment, either party to the dispute may request the Minister of Labour to appoint a chairman. If the party serving the notice opts for a sole arbitrator, the two parties shall jointly select a sole arbitrator. In case they are unable to reach agreement on this matter, either party may request the Minister of Labour to appoint the arbitrator. All references in this Article to a board of arbitration shall equally apply to a sole arbitrator.

26.04 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as chairman of an arbitration board as a sole arbitrator.

26.05 The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the chairman of the arbitration board governs.

26.06 Notices of desire to arbitrate a dispute, and of nomination of a nominee, shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service.

26.07 If a party fails to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings, and if the party in default


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refuses or neglects to appoint an arbitrator in accordance with this Article, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance, and his decision shall be final and binding upon both parties.

26.08 It is agreed that the arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in the Articles dealing with grievance and arbitration procedures, where it appears that the default was due to a reliance upon words or conduct of the other party.

26.09 The Arbitration Board is to be governed by the following provisions:

a. the Arbitration Board shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it;

b. the Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representation;

c. the Board shall not have the power to alter or amend any of the provisions of this Agreement;

d. the parties and the arbitrator shall have access to the Employer’s premises to view working conditions or operations which may be relevant to the resolution of a grievance;


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e. the Board shall have the power to amend a grievance and to modify penalties;

f. the Board shall have jurisdiction to determine whether a grievance is arbitrable;

g. the Board shall determine the real issue in dispute according to the merits and shall make whatever disposition it deems just and equitable;

h. each of the parties shall pay one-half (.5) of the remuneration and expenses of the chairman of the board;

i. each party will pay for the full cost of any witnesses they choose to call.

26.10 Notwithstanding the arbitration procedure outlined above, a grievance after the second step in the grievance procedure may be referred to the Ontario Labour Relations Board for arbitration under the provisions of the Labour Relations Act.

ARTICLE 27 - DISCHARGE, SUSPENSION AND WARNING

27.01 When the conduct or performance of an employee calls for a discipline by the Employer, the discipline shall be a written one and a copy of this discipline shall be forwarded to the steward and the Union office.

Verbal warnings, written letters of reprimand are to be removed from an employee’s personnel file after twelve (12) months from that date of issue provided


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there are no similar or related incidents, except in the cases of incidents involving resident abuse, where suspensions will remain on file unless overturned by the grievance/arbitration process.

Records of suspension are to be removed from an employee’s personnel file after eighteen (18) months from the date of issue provided there are no similar or related incidents, except in the cases of incidents involving resident abuse, where suspensions will remain on file unless overturned by the grievance/arbitration process.

It should be noted that leaves of absence in excess of thirty (30) calendar days whether paid or unpaid will not be counted or purposes of reducing the sunset clause.

27.02 Within five (5) working days following a warning, suspension or discharge, the employee involved may together with a Union Representative or Union steward question the Employer about the reasons for the warning, suspension or discharge. Within five (5) working days following this discussion, the Union may process the complaint via Step 2 of the grievance process. The Union may choose to forgo this initial discussion about the reasons for the warning or suspension, and process the complaint directly via Step 1 of the grievance process within five (5) working days of the discipline, excluding Saturdays, Sundays and


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holidays. Terminations may be processed directly via Step 2 of the grievance process.

ARTICLE 28 - DURATION

28.01 This Agreement shall be effective on the first (1st) day of February two thousand and sixteen (2016) and shall remain in effect until the thirty first (31st) day of January two thousand and nineteen (2019), and for further periods of one (1) year unless notice shall be given by either party of the desire to delete, change, or amend any of the provisions contained herein within ninety (90) days prior to the renewal date. Should neither party give such notice, this Agreement shall renew itself for a period of one (1) year.


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SCHEDULE “A” Classifications and Hourly Rates

Classification 01-Feb-15 Additional

$0.20 01-Feb-16 01-Feb-17

Additional $0.10

01-Feb-18 Additional

$0.10

Dietary/Housekeeping/Laundry/Maintenance

Start $16.76 $16.96 $17.18 $17.42 $17.52 $17.77 $17.87

After Prob. $17.19 $17.39 $17.62 $17.86 $17.96 $18.21 $18.31

1875 hours $17.64 $17.84 $18.07 $18.32 $18.42 $18.68 $18.78

3750 hours $18.08 $18.28 $18.52 $18.78 $18.88 $19.14 $19.24

5625 hours $18.66 $18.86 $19.11 $19.37 $19.47 $19.75 $19.85

HCA

Start $17.76

$17.99 $18.24

$18.50

After Prob. $18.21 $18.45 $18.70 $18.97

1875 hours $18.65 $18.89 $19.16 $19.43

3750 hours $19.34 $19.59 $19.87 $20.14

5625 hours $19.90 $20.16 $20.44 $20.73

Activation

Start $17.76 $17.99 $18.24 $18.50

After Prob. $18.21 $18.45 $18.70 $18.97

1875 hours $18.65 $18.89 $19.16 $19.43

3750 hours $19.34 $19.59 $19.87 $20.14

5625 hours $19.90 $20.16 $20.44 $20.73

Cook

Start $18.39 $18.59 $18.83 $19.10 $19.36

After Prob. $18.71 $18.91 $19.16 $19.42 $19.70

1875 hours $19.34 $19.54 $19.79 $20.07 $20.35

3750 hours $19.98 $20.18 $20.44 $20.73 $21.02

5625 hours $20.59 $20.79 $21.06 $21.36 $21.65


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RPN

Start $23.26

$23.56 $23.89

$24.23

After Prob. $24.13 $24.44 $24.79 $25.13

1875 hours $24.86 $25.18 $25.54 $25.89

3750 hours $25.62 $25.95 $26.32 $26.68

5625 hours $26.35 $26.69 $27.07 $27.45

Guest Attendant/ Housekeeping/ Dietary

Start $15.55 $15.75 $15.97 $16.19

After Prob. $15.86 $16.07 $16.29 $16.52

1875 hours $16.27 $16.48 $16.71 $16.94

3750 hours $16.50 $16.71 $16.94 $17.18

5625 hours $17.13 $17.35 $17.59 $17.84

Activation

Start $16.81 $17.03 $17.27 $17.51

After Prob. $17.13 $17.35 $17.59 $17.84

1875 hours $17.45 $17.68 $17.93 $18.18

3750 hours $17.76 $17.99 $18.24 $18.50

5625 hours $18.08 $18.32 $18.55 $18.84

RPN

Start $22.00 $22.29 $22.60 $22.92

After Prob. $22.57 $22.86 $23.18 $23.50

1875 hours $23.30 $23.60 $23.93 $24.27

3750 hours $24.04 $24.35 $24.69 $25.04

5625 hours $24.79 $25.11 $25.46 $25.82


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Students shall be paid at two dollars ($2.00) an hour below the aide rate. Retroactivity shall be paid within three (3) full pay periods from the date of ratification or date of an arbitrated award, both to current employees and to employees who left the employ of the Employer on or after the first day of the expired Collective Agreement. All attendants with a Health Care Aide or Personal Support Worker Certificate from an approved program shall be paid a premium of twenty-five cents ($0.25) per hour for all hours worked.

Retroactivity shall be paid within three (3) full pay periods from the date of ratification or date of an arbitrated award, both to current employees and to employees who left the employ of the Employer on or after the first day of the expired Collective Agreement.


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LETTER OF UNDERSTANDING #1

Between

CHARTWELL MASTER CARE LP C.O.B. AS PINE GROVE LODGE (hereinafter referred to as "the Employer")

And


(hereinafter referred to as "the Union")

RE: EMPLOYEE TRANSFERS TO NEW CLASSIFICATION

In the event an employee is assigned by the Employer to work in a higher classification, for greater than one half (½) a shift, the Employee shall receive the rate immediately above their own for the full shift.

In the event an employee is assigned to work in a lower rated classification, she shall maintain her existing rate of pay.

In the event an employee is the successful applicant for a temporary or permanent posting in a higher rated classification, she shall receive the rate of pay immediately above her own and thereafter progress on the wage grid consistent with her classification seniority.

In the event an employee is the successful applicant in a lower rated classification, she shall receive the comparable step in the lower rated classification.


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In the event an employee accepts a call-in in a higher rated classification, she shall receive the rate of pay immediately above her existing rate.

In the event an employee accepts a call-in in a lower rated classification, she shall receive the rate of pay consistent with the comparable step of her current classification.


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LETTER OF UNDERSTANDING #2 Between


And



RE: VACATION SCHEDULING

Employees who have not booked their entire vacation allotment shall have until August 15 of each year to do so. The Employer shall post a notice to all employees on or about July 1st to remind employees of their obligation to book their remaining vacation entitlement. If an employee has not scheduled their remaining vacation by August 15th, their outstanding entitlement shall be booked by the Employer.

There shall be no carryover of vacation from one calendar year to the next, except by mutual agreement between the employee and the Employer to a maximum of two (2) weeks, taking due consideration of the operational requirements of the facility. Such requests must be received in writing by the Employer by the August 15 deadline. In any regard, approved carry-over vacation must be taken by April 15st of the following year.


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Should there be any concerns with this arrangement the parties commit to partaking in discussions to find suitable solutions.


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And



RE: DAY SHIFT – 6:30 A.M. TO 2:30 P.M.

The parties recognize that there are two (2) full time day staff who have been allowed to maintain their shift time as 6:30 a.m. to 2:30 p.m. The following parameters are agreed:

a. These two (2) employees shall be permitted to continue their current shift time of 6:30 a.m. to 2:30 p.m. so long as they continue to work in their current line.

b. Should an employee leave their current position on a permanent basis, the position shall be reposted as a 7:00 a.m. to 3:00 p.m. shift, in accordance with the normal shift times of the Collective Agreement (Article 9.02).

It is understood that when replacing vacant shifts from these two (2) lines (vacation, illness, lieu days, leaves, injury, etc.) those employees who fill the vacant shift shall work at 7:00 a.m. to 3:00 p.m. shift.


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And



RE: PENSION LANGUAGE 23.09

The parties understand and agree that the intent of Article 23.09 is not to address the kinds of issues/concerns which arise during the course of one (1) pay cycle and can be remedied within the next full pay cycle.

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