MEMORANDUM OF SETTLEMENT Health Care... · The RRSP program will be arranged by the Employer....

MEMORANDUM OF SETTLEMENT

Between

De Novo Treatment Centre (hereinafter referred to as "the Employer'')

and

Labourers' International Union of North America, Local 3000 (hereinafter referred to as "the Union")

The Parties hereby agree to recommend to their respective principals the following terms of this Memorandum as constituting full and final settlement of all matters remaining in dispute for a new Collective Agreements:

1. The Parties herein agree that the term of the Collective Agreements shall be from Date of ratification and will continue until March 31st, 2023.

2. The Parties agree that unless otherwise expressly specified, all terms of this Memorandum shall become effective as of the date of ratification.

Dated the 22 day of May

For the Employer

, 2019 in the City of Huntsville

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Collective Agreement

Between

DeNovo Treatment Centre

And

Labourers International Union of North America LIU NA Loca I 3000

Date of Ratification - March 31, 2023

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TABLE OF CONTENTS

ARTICLE 1 PURPOSE PG3 ARTICLE 2 SCOPE AND RECOGNITION PG3 ARTICLE 3 DEFINITIONS PG4 ARTICLE 4 UNION SECURITY AND CHECK-OFF PG4 ARTICLE 5 MANAGEMENT RIGHTS PG 5 ARTICLE 6 NO CONTRACTING OUT PG5 ARTICLE 7 NO STRIKES OR LOCKOUTS PG5 ARTICLE 8 UNION COMMITTEE AND STEWARDS PG5 ARTICLE 9 DISCIPLINE PG6 ARTICLE 10 GRIEVANCE PROCEDURE PG7 ARTICLE 11 POUCYi GROUP AND EMPLOYER GRIEVANCES PG9 ARTICLE 12 ARBITRATION PG9 ARTICLE 13 DISCHARGE PG 10 ARTICLE 14 BULLETIN BOARD PG 10 ARTICLE 15 SENIORITY PG 10 ARTICLE 16 LOSS OF SENIORITY PG 11 ARTICLE 17 LAYOFF AND RECALL PG 11 ARTICLE 18 SENIORITY LISTS PG 13 ARTICLE 19 JOB POSTING PG 13 ARTICLE 20 LEAVES OF ABSENCE PG 15 ARTICLE 21 EDUCATION LEAVE PG 15 ARTICLE 22 PROFESSIONAL DEVELOPMENT PG16 ARTICLE 23 JURY AND WITNESS DUTY PG 16 ARTICLE 24 BEREAVEMENT LEAVE PG 16 ARTICLE 25 PREGNANCYi PARENTAL AND FAMILY LEAVES PG 17

OF ABSENCE ARTICLE 26 HOURS OF WORK PG 18 ARTICLE 27 OVERTIME/LIEU TIME PG 18 ARTICLE 28 WORK SCHEDULE PG 19 ARTICLE 29 VACATION PG 19 ARTICLE 30 PAID HOLIDAYS PG20 ARTICLE 31 WAGES PG 21 ARTICLE 32 WORKPLACE SAFETY PG 21 ARTICLE 33 SICK AND PERSONAL DAYS PG 21 ARTICLE 34 HEALTH AND SAFETY PG22 ARTICLE 35 HEALTH AND INSURANCE BENEFITS PG22 ARTICLE 36 GROUP RRSP PG23 ARTICLE 37 RENEWAL AND AMENDMENT PG23 SCHEDULE "A" WAGE CHART PG24

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PREAMBLE

It is agreed that one of the primary goals of the Denovo Treatment Centre (the Employer) is to provide the best possible service to its client(s) in their recovery from the illness of addiction and in doing so provide a dignified atmosphere and environment where client(s) are supported and afforded rights and responsibilities as individuals, and as members of the general community. Recognizing the nature of treatment, it is also agreed all matters with regard to client(s) will be held in confidence and not communicated to any third party except by agreement in writing between and the client and De Novo. It is agreed that this preamble is not intended to minimize any rights which exist under this Collective "Agreement".

ARTICLE 1- PURPOSE

1.01 The general purpose of this agreement is to establish and maintain collective bargaining relations between the Employer and the Employees covered by this Agreement; to provide for ongoing means of communication between the Union and the Employer.

1.02 The Employer and the Union recognizes that the attitude, ability, dedication and efficiency of all individual Employees affect the care, welfare, safety, and comfort of the clients in the Treatment Centre (De Novo).

ARTICLE 2 - SCOPE ANO RECOGNITION

2.01 The Employer recognizes the Union as the sole bargaining agent for all Employees employed at De Novo Treatment Centre in the Town of Huntsville, save and except managers, persons above the rank of manager and office and clerical staff.

2.02 The Employer agrees that it will not enter into any other agreements with Employees, either individually or collectively.

2.03 Discrimination

a) The parties agree that, in accordance with the provisions of the Ontario Human Rights Code, all Employees of De Novo, whether covered under this agreement or not, are entitled to work in an environment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status or disability. The parties agree that it is the right of every Employee to work in an environment free from sexual harassment.

b) Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practiced by either of them or by any of their representatives or members because of any employee's membership or non-membership in the Union or because ofthe employee's activity or lack of activity in the Union.

c) The parties agree to ensure a workplace free of discriminatory harassment, which denies an individual of their dignity.

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ARTICLE 3 - DEFINITIONS

3.01 For the purpose of this Collective "Agreement" the term "Employee" and "Employees" shall mean an Employee who is, or Employees who are, employed by The Employer in the bargaining unit in a classification specifically set out in Schedule "A"

Where the masculine pronoun is used in this "Agreement" it shall be deemed to include the feminine and vice versa, where the context so requires.

a) For the purposes of t his Collective Agreement, the term "Full-Time Employee" means an Employee who has regularly scheduled at least 80 hours bi-weekly. However, this provision is not intended as a guarantee of hours and no such guarantee exists.

b) For the purposes of this Collective Agreement, the term "Part-Time Employee" means an Employee who works less than regularly scheduled "bi-weekly" hours of a Full-Time Employees as set out above.

c) For the purposes of this Collective Agreement, the term "Casual Employee" means an Employee who is called in or scheduled to work on an as needed basis.

ARTICLE 4 - UNION SECURITY AND CHECK-OFF

4.01 The Employer will deduct from each Employee covered by this Agreement an amount equal to the regular monthly Union dues and assessments designated by the Union. Assessments may include remittances to the Labourers' International Union of North America (LIUNA Local 3000).

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

4.03 The amount of regular monthly dues and assessments shall be those authorized by t he Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authority to make the deduction specified.

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

4.05 The amounts deducted under this Article shall be remitted by the fifteenth (15 th) of each subsequent month to the Union's Provincial Office. In remitting such dues, the Employer shall provide a list of Employees from whom deductions were made, including their social insurance numbers, and addresses.

4.06 The Employer agrees that an officer of the Union or a Union representative shall be allowed a reasonable period during regular working hours to interview new Employees during their probationary period. During such interviews, membership forms may be provided to t he Employee. These interviews shall be scheduled in advance by the Union with the Employer's

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consent and may be arranged collectively or individually. Such interviews will not interfere with the regular scheduling of treatment.

4.07 A copy of this Collective Agreement shall be issued by the Union to each Employee in the employ of the Employer and to each Employee employed during the term of this Agreement and thereafter. The cost of preparing such copies shall be borne equally between the Employer and the Union.

ARTICLE 5 - MANAGEMENT RIGHTS

5.01 a) The Union agrees and acknowledges that the Employer has the exclusive right to manage the Treatment Centre and to exercise such right without restriction, save and except such prerogatives of management as may be modified by the terms and conditions of this Collective Agreement, and to increase or decrease the number of persons in employment in accordance with the terms of this Agreement.

b) Management has the right to determine the treatment methods, facilities and equipment required, and scheduling of staff and treatment programs

c) Management has the right to determine reasonable rules and regulations to be observed by the Employees.

5.02 The Employer shall exercise these rights in a manner consistent with this agreement.

ARTICLE 6 - NO CONTRACTING OUT

6.01 The Employer shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contracting out, a lay-off of any Employees other than casual part-time employees results from such contracting out. Contracting out to an employer who is organized with Labourers' International Union of North America LIUNA local 3000 and who will employ the Employees of the bargaining unit who would otherwise be laid off with similar terms and conditions of employment is not a breach of this Agreement.

ARTICLE 7 - NO STRIKES OR LOCKOUTS

7.01 The Employer agrees that it will not cause or sanction a lockout of its' Employees and the Union agrees that there will be no strike or other collective action which stops, curtails, or interferes with the work of the Employer's operations during the term of this Agreement. The terms "strike" and "lockout" shall bear the meaning given them in the Ontario labour Relations Act

ARTICLE 8 - UNION COMMITTEE AND STEWARDS

8.01 The Employer will recognize a Union Administrative "Committee" which will consist of two (2) committee members all selected from members of the bargaining unit, not more than two (2) of

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which shall meet with the Employer at any one time. The Employer shall be advised of the names of the members of this Committee and shall be notified of any changes from t ime to time.

8.02 Employees who are members of committees will suffer no loss of earnings for time spent during regular working hours for attending such meetings as may be required by the Employer.

a) Where an employee acting as a representative of the union is required to attend a meeting outside of their regularly scheduled hours they shall be paid for all hours spent in attendance at such meetings at the appropriate contract rate.

b) The union shall keep the Employer notified in writing of the names of the employee representatives and/or Committee members and officers of the Local Union appointed or selected under Article as well as the effective date of their respective appointments.

8.03 Negotiating Committee

a) The Employer agrees to recognize a Negotiating Committee comprised of two (2) representatives of the Union for the purpose of meeting with the Employer to negotiate renewal agreements.

b) The Employer agrees to pay members of the Negotiating Committee for time spent in negotiations with the Employer for an agreement up to, but not including, conciliation/arbitration. Such payment will not result in premium pay and will be limited to a maximum of two (2) days.

c) The Employer shall grant unpaid time off to allow Negotiating Committee members to attend conciliation/arbitration hearings. For any unpaid leave of absence under this provision, the Employee's salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full cost of such salary and applicable benefits.

d) Negotiating Committee members will be granted leave, without loss of regular pay, to attend to matters pertaining to the interpretation or application of the Collective Agreement. However, such absence shall not interfere with the scheduling of treatment.

8.04 Labour Management Committee

The Union and the Employer agree that consultation and communication on matters of joint interest are desirable to promote good, constructive and harmonious relations. Accordingly, requests for a joint meeting of the Labour Management Committee will not be unreasonably denied.

ARTICLE 9- DISCIPLINE

9.01 Where a counselling session is required by the Employer the meeting minutes can be recorded by the Executive Director/Management but will not form part of the Employee's file as it relates to discipline. The counselling session is meant to be corrective and non-disciplinary.

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9.02 Disciplinary actions can include, verbal warning, written warning, suspension on the record

(Wherein a discipline or suspension without pay would normally have been administered, but was not, suspension without pay and dismissal. All disciplinary actions, will remain on the employee's personal file for a period of twenty four (24) months, except dismissal. These steps can be taken but does not necessarily indicate that they will all happen in each discipline

9.03 All disciplinary letters shall be dated and signed by the Employer representative and the Employee. If the Employee has declined union representation, the signature of the union

representative will not be required (the Employee must sign a letter indicating that they have refused union representation) A copy of such letter will be given to the Employee and a copy shall be forwarded to the Union unless it is specifically requested in writing by the employee to not forward the letter. The signature of the Employee is only confirmation that they have been made aware of disciplinary action; failure to obtain a signature from the Employee shall not negate such disciplinary action. A copy of the discipline letter/action will be sent to Union office.

9.04 It is understood that any Employee subject to disciplinary action shall be informed of the right to have a Union Steward present. When there are no Stewards available to attend a disciplinary meeting, the meeting will be postponed until a Steward is available unless the employee declines union representation in writing.

9.05 Upon request an Employee may review their personnel file and be provided with a copy of any document contained therein at a mutually agreed to time.

9.06 A copy of any completed evaluation, which is placed in an Employee's file, shall be reviewed with the Employee. The Employee shall have the opportunity to initial such evaluation as having been read and shall have the opportunity to add their reviews to such evaluation prior to it being placed in her personnel file. It is understood that such evaluation does not constitute disciplinary action by the Employer against the Employee. A copy of the evaluation will be provided to the Employee.

ARTICLE 10 - GRIEVANCE PROCEDURE

10.01 For the purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement.

10.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to Union Representation. When there are no Union Stewards available to attend a disciplinary meeting, the meeting will be postponed until a Union Steward is available unless the employee declines union representation in writing.

10.03 It is the mutual desire of both parties hereto that complaints of Employees shall be adjusted as quickly as possible, and it is understood that an Employee has no grievance until they have first given their immediate supervisor/Executive Director the opportunity of adjusting the complaint. Such complaint shall be discussed with the immediate supervisor within seven (7) calendar days after the circumstances giving rise to it having occurred or ought reasonably to have come to

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Step 1:

Step 2:

Step 3

the attention of the Employee and failing settlement within the seven (7) calendar days

following advice of the immediate supervisor's decision in the following manner and sequence.

If, after registering the complaint with the supervisor, the complaint is not settled within seven

(7) calendar days or such longer period which may have been agreed to by the parties, then the

following steps shall be followed:

The Employee affected may submit a written grievance signed by the Employee to the

immediate supervisor. The grievance shall be in writing and shall identify the provisions of the

agreement which a re alleged to be violated, within seven (7) calendar days of the immediate

supervisor's or Executive Director's decision in regard to the complaint. The immediate

supervisor or Executive Director will deliver the decision in writing within seven (7) calendar

days following the day on which the grievance was presented to them. Failing settlement, then:

Within seven (7) calendar days following the decision in Step 1, the grievance may be submitted in writing to the Executive Director and President or another Board designate. A meeting will

then be held between management and the griever and steward within seven (7) calendar days

of submission of the grievance at Step 2 unless extended by agreement of the parties. It is

understood and agreed that a representative from Labourers' International Union of North America

(LIUNA 3000) may be present at the meeting. The decision of the Employer shall be delivered in writing within seven (7) calendar days following the date of such meeting.

If the grievance is not settled at Step 2, then the grievance may be referred to arbitration in accordance with Article 12 of this Agreement. If no written request for arbitration is received

within eighteen (18) calendar days of the response in Step 2, then the grievance shall be

deemed to have been abandoned. Where such request is postmarked within sixteen (16)

calendar days after the decision under Step 2, it will be deemed to have received within the time limits. The time limits specified in this Article are mandatory.

10.04 A grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 2 within seven (7)

calendar days following the circumstances giving rise to the grievance. A grievance by the

Employer shall be filed with the Local Business Manager or designate.

10.05 A claim by the Union's Employee who has completed their probationary period that has been

unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the employer at Step 2 within seven (7) calendar days after the date the discharge or suspension. Such special grievance may be settled under the

grievance or Arbitration Procedure by:

a) Confirming the Employer's action in dismissing or suspending the Employee;

b) Reinstating the Employee without loss of seniority and with full compensation for the lost

time; or

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c) By any other arrangement which may be deemed just and equitable.

The Employer agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed their probationary period, without just cause.

ARTICLE 11- POLICY, GROUP AND EMPLOYER GRIEVANCES

11.01 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation application or alleged violation of this Agreement shall be originated at Step 2 within seven (7) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Union's Local Business Manager or their designate.

11.02 Where a number of Employees have identical grievances and each Employee would be entitled to grieve separately they may present a group grievance in writing signed by each Employee who is grieving to Management within seven (7) calendar days after the circumstances giving rise to the grievance having occurred or ought reasonably to have come to the attention of the Employee(s). The grievance shall then be treated as being initiated at Step 2 and the applicable provision of this Article shall then apply with respect to the processing of such grievance. In payroll matters, the grievance may be submitted up to 30 days from the date from which the alleged payroll discrepancy occurred. The Employer agrees all payroll errors will be corrected within two (2) weeks.

ARTICLE 12 -ARBITRATION

12.01 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned. Where such written request is postmarked within sixteen (16) calendar days after the decision under Step 2, it will be deemed to have been received within the time limits.

12.02 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement. The parties shall establish a list of arbitrators acceptable to the parties who will hear any matter in dispute pursuant to the terms of Article 12 and such disputes will be heard by a single arbitrator selected by mutual agreement from the list.

12.03 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of Article 10 and 11 Grievance Procedure.

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12.04 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of the Agreement, nor to alter, modify, add to or amend any part of this Agreement.

12.05 The proceeding of the Arbitrator will be expedited by the parties hereto and the decision of the Chair will be final and binding upon the parties hereto and the employee or employees concerned.

12.06 The parties will share equally the fees expenses, if any, of the Arbitrator.

12.07 The time limits specified in this Article are mandatory. However, the time limits as outlined in Article 10 and 11 may be extended by the mutual consent of the Employer and the Union.

12.08 The parties agree that the arbitration procedure outlined above does not preclude either party from utilizing an expedited procedure set out in the Labour Relations Act provided referral is made within the above noted time limits.

ARTICLE 13 - DISCHARGE

13.01 The parties agree that the Employer shall have the right to terminate any probationary employee subject to the Ontario Human Rights Code.

ARTICLE 14 - BULLETIN BOARD

14.01 The Employer agrees to provide a bulletin board on which to display notices pertaining to Union business, advice regarding meetings and other material of interest to Union members. The Employer will locate the bulletin board in a location that is not accessible by the clients or their families.

ARTICLE 15 - SENIORITY

15.01 The seniority of each Employee covered by this Agreement shall be established after the completion of their probationary period and shall then count from the date of last hire.

15.02 The probationary period for all part-time or casual employees shall be for a period of 450 hours but no longer than six (6) months. The Employer may extend the probationary period by mutual consent. This should be six months calculated by hours worked. Full-time employee's probation shall be for a period of three (3) months.

15.03 The term "seniority" as used in this Collective Agreement shall mean the length of employment with the Employer, computed for the Full-Time Employees by the most recent date of hire with the Employer. One year seniority for Full Time Employees shall equal 2,080 hours. PartTime/Casual Employees seniority will be computed by the number of hours paid.

15.04 An Employee shall continue to accumulate seniority when absent from work due to vacation, paid holidays or any other paid leave of absence.

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15.05 An Employee on pregnancy and/or parental leave shall continue to accumulate seniority while on such leave.

ARTICLE 16 - LOSS OF SENIORITY

16.01 An Employee shall lose all seniority and their employment shall be deemed to be terminated if they:

a) Voluntarily resigns, retires in writing or is discharged with just cause and the discharge is not reversed through the grievance or arbitration procedure;

b) Is absent from work due to layoff for continuous period for more than twenty four (24) months;

c) Fails to return to work after layoff within ten (10) calendar days after being requested to do so by the Employer by registered mail sent to the last address recorded by the Employee and appearing on the Employer's records. This time limit may be extended by the Employer for justifiable reason's;

d) Overstays a leave of absence without the prior permission of the Employer or without a justifiable reason as determined by the Employer;

e) Absence of more than one (1) shift without the consent of the Employer or a satisfactory explanation.

ARTICLE 17- LAYOFF AND RECALL

17.01 In the event of a layoff, the Employer will notify the Union and will provide the affected employees with notice in accordance with the Employment Standards Act.

17.2 Layoff Procedures:

In the event of a layoff, the Employer shall lay off Employees in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the relevant skill, ability and qualifications to perform the work.

a) An employee who is subject to layoff shall have the right to either: i. Accept the layoff ii. Displace an employee who has lesser bargaining unit seniority in a lower or identical

paying classification in the bargaining unit if the Employee originally subject to layoff has performed the duties of the lower or identical paying classification and can resume the position without training, other than familiarization, except where the Employer agrees to waive such a provision at the rate of pay as per Schedule "A". Such Employees so displaced shall be laid off.

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iii. The decision of the Employee to choose (i) or (ii) above shall be given in writing to the Executive Director within five (S) days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.

17.3 Recall Rights

a) An employee shall have opportunity for recall from layoff to an available position, to their same classification or to a job which they can resume without training other than familiarization, in order of seniority, before such opening is filled on a regular basis under the Job Posting Procedure. The Job Posting Procedure in the Collective Agreement shall not apply until the recall process has been completed.

b) An employee recalled to work in a different classification from which they have been laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within twelve (12) months of being recalled.

c) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisions, or have been found unable to perform the work available.

d) It is the sole responsibility of the Employee who has been laid off to notify the Employer of intention to return to work within five (5) days (exclusive of Saturdays, Sundays and Statutory Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the third day after mailing) and return to work within fourteen (14) days after being notified. The notification shall state the job to which the Employee shall report for work. The Employee is solely responsible for their proper address being on record with the Employer.

e) Employees on layoff or notice of layoff shall be given preference for temporary vacancies, for which they are qualified, which are expected to exceed twenty (20) days of work. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. The provision supersedes the Job Posting provision.

f) A laid off Employee shall retain the rights of recall for a period of twenty four (24) months.

17.4 In the event of a layoff the Employer shall pay the benefits premium of the insured for a period of ninety (90) days from the date the layoff occurs, if allowed by the insurance provider agreed to by the Union and De Novo.

ARTICLE 18 - SENIORITY LISTS

18.01 The Employer shall supply the Union with seniority lists in January of each year, showing employees' names, classification and their seniority starting date.

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18.02 The parties agree that there shall be one seniority list for Full-Time Employees as of Date of Hire. Part-Time/Casual Employees shall have their seniority expressed in hours paid.

18.03 The Employer shall make any correction to the seniority list, when applicable; within seven (7) days of the date an Employee notifies the Employer that the seniority standing as indicated on the list is incorrect.

ARTICLE 19 - JOB POSTING

19.01 Job Vacancies

All applications will be in duplicate, signed and dated by both the applicant, the designated Manager and the Executive Director.

a) Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Employer (unless notified by the Employer of its intent not to fill or postpone the filling of such vacancy in writing), such vacancy shall be posted for a period of seven (7) consecutive calendar days. Employees in the bargaining unit may make written application for such vacancy within the time frame referred to herein. The Employer will reasonably attempt to notify all Employees that may not have opportunity to know of the posting due to vacation, sick, accident or leave of absence subject to the Employee providing a contact number and address. The employer will provide the successful candidate with a copy of the offer of employment.

b) Subsequent vacancies created by the filling of a posted vacancy are to be posted for four (4) consecutive calendar days. Job vacancies shall be posted on the designated bulletin board.

c) Employees shall be selected for job postings on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal amongst the employees considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work within an appropriate familiarization period. The Employee must be able to commence the job duties within a reasonable period of time and the Employee can provide a definite start date. At the request of the Employee, the Employer will discuss with unsuccessful applicants ways in which they can improve their qualifications for future postings.

d) Where seniority governs, the most senior qualified applicant shall be selected. In the event, that there are no candidates from the classification, then seniority from within the Centre shall apply, providing the candidate meets the criteria identified in c) above.

e) Where the applicant has been selected in accordance with this Article the Employer will have up to 3 months to evaluate the employee. If it is subsequently determined that they cannot satisfactorily perform the job to which they were awarded, the Employee or the Employer may, during the first thirty (30) shifts (225 hours for Employees whose regular hours of work are other than the standard work day) worked from the date on which the

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Employee was first assigned to the vacancy, return to their former job, and the filling of the subsequent vacancies will likewise be reversed.

f) Vacancies which are not expected to exceed sixty (60) calendar days and vacancies caused due to illness, accident or leaves of absence may be filled at the discretion of the Employer. In filling such vacancies preference shall be given to Part-Time Employees in the bargaining unit on the basis of seniority as per the above. It is understood, however, that where such vacancies occur on short notice, failure to offer Part-Time Employees such work shall not result in any claim for pay for time not worked while proper arrangement are made to fill the vacancy.

g) Where Part-Time Employees fill temporary Full-time Employees 'vacancies, such Employees shall be considered regular part-time and shall be covered by the terms of this Agreement. Upon completion of the temporary vacancy, such employees shall be reinstated to their former position, unless the position has been discontinued, in which case they shall be given a comparable job.

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

i) An Employee selected as a result of a posted vacancy need not be considered for a further vacancy for a period of six (6) months from the date of their selection, unless such position is for a permanent position, or increases the bi-weekly hours by 7.5 hours or more or for a completely different shift. It is noted that if the Employee is awarded a position within the same classification, the Employee shall not be provided with a trial period.

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

19.02 Nothing herein shall prevent the Employer from temporarily filling the vacant jobs during the recruitment period in accordance to the collective agreement. The Employer will look first to the Casual Employees before filling such position with outside applicants. The parties may mutually agree to such longer period as is necessary.

19.03 Temporary Job Vacancy

a) A temporary job vacancy is a vacancy expected to exceed sixty (60) calendar days, created by the absence of an Employee due to maternity leave, parental leave, compensable or noncompensable illness or injury or any other leave of absence.

b) The Employer will outline through the posting procedure in Article 19.01 the anticipated conditions and duration of such vacancy. All temporary vacancies will be posted as per Article 19.01. Bargaining Unit Employees will be given first opportunity for any temporary positions before the Employer posts externally. Upon the return of the Employee from his leave of absence, he shall have the right to his former position.

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c) The employer agrees that upon it becoming aware that the vacancy has become permanent and is to be filled, it shall forthwith thereafter post the position in accordance with Article 19.

d) The parties agree that notwithstanding 19.01, 19.02, and 19.03 a) and b) above there will be a recognized effort to allow full-time employees to gain skills and work experience. The following procedure will be used when temporary positions becomes available due to illness, injury or approved leave of absence. These positions will be filled by full-time staff first based on qualifications and overall seniority. Where a full-time staff member declines the temporary position it will then be offered to part-time then casual staff. It is understood that for the first week of such vacancy the employer may fill such position at their discretion subject to qualifications seniority in order to have time to make proper arrangements.

ARTICLE 20- LEAVES Of ABSENCE

20.01 An employee may be allowed a leave of absence without pay for personal reasons at the Employer's discretion for up to (30) days provided:

a) The requested leave from the Employer in writing at least ten (10) days prior to such leave, unless the request is of an emergency nature, and

b) The leave does not interfere with the operations of the Treatment Centre.

The Employer agrees that permission for such leave shall not be unreasonably withheld.

20.02 Leave of absence may be granted to attend Union business, conference or conventions. Approval for such leave shall not be unreasonably withheld, provided reasonable notice was given. The Employer agrees to pay the employee for regularly scheduled time and bill the Union for appropriate wages and benefits, and the Union shall fully reimburse the Employer for such monies. Seniority and service shall accumulate during such leave.

ARTICLE 21- EDUCATION LEAVE

21.01 Education leave without pay for the purposes of further education directly related to employment, and where such education is taken at the request of the Employer, shall be granted.

21.02 Where an Employee takes education programs outside normal working hours, and where such program has been approved in advance by the Employer, the cost of such programs shall be paid for by the Employer on written evidence of successful completion acceptable to the Employer.

21.03 If required by the Centre, an Employee shall be entitled to Education Leave with pay and without loss of seniority and benefits to write examinations to upgrade their employment qualifications. Where Employees are required by the Centre to take courses to upgrade or acquire new employment qualifications, the Centre shall pay the full costs associated with the courses, defined as tuition, accommodation, travel and books.

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21.04 Education Leave without loss of regular earnings from regularly scheduled hours for the purpose of attending short courses, workshops or seminars directly related to the employee's employment at the Centre may be granted at the discretion of the Employer upon written application by the employee to the Executive Director or their designate.

ARTICLE 22 - PROFESSIONAL DEVELOPMENT

22.01 Membership Payment

The Employer agrees to pay the annual fee of the Counsellor's professional membership, in "Canadian Addiction Counselors Certification Federation" CACCF. This renewal must be given to the Employer on time to avoid late charges or the charges will become the responsibility of the

Employee.

ARTICLE 23 - JURY AND WITNESS DUTY

23.01 Job Related Witness Duty

a) If an Employee, on their day off, is subpoenaed as a witness to court for a job related matter, the employee will be compensated by given the equivalent time off on a scheduled day provided the employee provides proof and notification to the Employer as soon as they

are notified of the requirement to attend as a witness to court and he provides proof of attendance.

b) If an Employee, on their day off, is subpoenaed as a witness to court for a job related matter, they will be compensated by given the equivalent time off on a scheduled day provided:

c) When proof is provided and as soon as the Employer is notified of the requirement to attend as a witness to court.

23.02 Jury Duty

Where a Full-Time Employee is absent due to jury duty, any loss of regular wages resulting from such absence shall be reimbursed by the Employer for a period not to exceed four (4) weeks.

ARTICLE 24- BEREAVEMENT LEAVE

24.01 In the event of the death in the "Immediate Family11 of an Employee they shall be granted, upon request, up to five (5) days bereavement leave without loss of regular pay.

11lmmediate Family" shall mean spouse, common law spouse, same-sex live-in partner, a mother, father, son, daughter, ward of the employee, step-child, spouse's child, spouse's mother, spouse's father, step-parent, grand or great grandchild, brother, sister, brother in law, sister in law, grandparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, or

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24.02 In the event of a death of an uncle, aunt, niece or nephew, the Employee will be granted, upon request, up to one (1) day bereavement leave without loss of regular pay.

24.03 At the discretion of the Employer, additional unpaid time will be made available for Bereavement Leave as required by special circumstances. On request, the Employee will provide proof to support the need for additional Bereavement Leave. Such request will not be unreasonably denied.

ARTICLE 25- PREGNANCY, PARENTAL AND FAMILY LEAVES OF ABSENCE

25.01 Pregnancy and Parental leave of absence will be granted in accordance with the Employment Standards Act, 2000, as amended from time to time.

ARTICLE 26 - HOURS OF WORK

26.01 There shall be no split-shifts unless mutually agreed upon.

26.02 Meal and Rest Breaks

a) Employees reporting for a twelve (12) hour shift are entitled to two (2) thirty (30) minute paid meal breaks. Employees working an eight (8) or ten (10) hour shift are entitled to one half (1/2) hour paid meal break. In addition, Employees working at least an eight (8) hour shift are entitled to two (2) fifteen (15) minute paid breaks.

b) Due to the nature of the work of the organization, meal breaks may, at times, be taken in the company of the residents/clients. If an employee is required to take their meal break with residents/clients, the employee's meal will be provided by the Employer free of charge.

26.04 Employees shall not be scheduled for less than ten (10) hours off between shifts without the Employees agreement to do so.

ARTICLE 27 - OVERTIME/LIEU TIME

27.01 Hours worked in excess of an Employee's regularly scheduled workday and/or normal work week shall be authorized and approved in advance by the Executive Director, or designate.

27.02 a) If a full-time employee is authorized to work more than the scheduled 8 or 10 or 12 hours shift they shall receive overtime premium of one and one half (1 ½) times their regular straight time hourly rate. If a Part-Time and or Casual Employee is authorized to work more than a twelve hour shift or over 80 hours bi-weekly, they shall receive overtime premium of one and one half (1 ½) times their regular straight time hourly rate. Notwithstanding the foregoing, no overtime premium shall be paid for a period less than fifteen (15) minutes of overtime work where the Employee is engaged in reporting functions at the end of their normal daily shift. If authorized overtime amounts to fifteen (15) minutes or more, overtime premium shall be paid for the total period in excess of

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the normal daily shift. Overtime premium will not be duplicated for the same hours worked nor shall there be any pyramiding with respect to any other premiums payable under the provision of this Collective Agreement. For the purpose of clarity, an Employee who is required to work on their scheduled day off shall receive overtime premium of one and one half (1 ½) times their regular straight time hourly rate.

b) Time off in lieu of pay shall be taken only by agreement with the employer. All overtime will be taken in pay unless discussed with and approved by the Executive Director.

c) The Employer will payout all unused lieu time in December of each year.

27.03 Call-Back shall be at a minimum of 4 hours beginning at the time the Employee is called to report to work.

ARTICLE 28 - WORK SCHEDULE

28.01 Work Schedules shall be posted two (2) weeks in advance and shall not be unnecessarily altered or changed except with the mutual consent of both parties, except in the case of an emergency, or to allow for a return from a Leave of Absence as provided by this Agreement.

28.02 Employees may be permitted to exchange shifts; the Employees agreeing to exchange shifts must complete the exchange form and the exchange will be granted based on operational needs.

28.03 The Employer shall schedule Part-Time Employees as equitably as possible based on the operations of the Centre bi-weekly. Shift allocation will be based on the most senior on a rotating basis, based on the employee's written availability. The rotation will begin with PartTime Employee then all remaining shifts will be assigned to Casual Employees based on the same procedure.

28.04 Overtime will be offered to Full-Time Employees first based on the operational needs of the Treatment Centre.

ARTICLE 29 - VACATION

29.01 For the purpose of determining vacation entitlement, the term "full years of service" shall refer to twelve (12) months of continuous service (2080 hours).

29.02 Full-Time Employees shall be entitled to vacation, with pay, as follows:

a) After one (1) Full Year- Vacation equivalent to two (2) weeks. b) Three (3) or greater Full Years of Service -Vacation equivalent to three (3) weeks. c) Six (6) or greater Full Years of Service - Vacation equivalent to four (4) weeks. d) Fifteen (15) or greater Full Years of Service -Vacation equivalent to five (5) weeks. e) Twenty-five (25) or greater Full Years of Service - Vacation equivalent to six (6) weeks.

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29.3 Vacation Scheduling

a) All requests for Vacation with pay require the consent of the Employer having regard to seniority and subject to the needs of the treatment schedule.

b) Vacations will be scheduled at any time during the year, and Employees may express their preference for the time of their Vacation, within their specific group. Due consideration will be given where possible.

c) Employees must submit vacation requests prior to March 1 of each year. The Vacation schedule will be confirmed by the Employer by March 31 of each year. When two (2) or more vacation requests, which overlap in some way, are received by the Employer at the same time, seniority will prevail in determining which request is approved. Provided operational requirements can be met, more than one employee may be allowed vacation at the same time. Vacation requests made after March 1 of each year will be made on a first come, first serve basis. The employer will respond within ten (10) working days, exclusive of Saturday, Sunday and statutory holidays, of the date of request.

29.04 Vacation may not be carried over from one year to the next. In the event the Executive Director agrees( the employee will have the option to carry the time over to the next year or take a pay out.

ARTICLE 30- PAID HOLIDAYS

30.01 The Following Holidays will be recognized:

News Year's Day Victoria Day Labour Day Boxing Day

Family Day Good Friday Canada Day Civic Holiday Thanksgiving Day Christmas Day Full Time Staff shall receive 1 paid Float day per year

30.02 In order to qualify for pay for a Holiday, an Employee shall complete his full scheduled shift on each of the working days immediately preceding and following the Holiday concerned unless excused by the Employer or the Employee was absent due to:

a) Legitimate illness or accident which commenced within a month of the date of the holiday;

b) Vacation granted by the Employer

c) The Employee's regular scheduled day off

d) A paid leave of absence provided the Employee is not otherwise compensated for the Holiday. An Employee entitled to holiday pay hereunder shall not receive sick leave pay to which they may otherwise have been entitled unless they were scheduled to work that day. An Employee receiving Workplace accident benefits for the day of the holiday shall, subject

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to the above provisions, be entitled to the difference between the amount of the Worker's Compensation Benefits and Holiday pay.

30.03 Subject to Article 30.02:

a) Where a Holiday falls during the Employee's scheduled Vacation period, their Vacation shall be extended by one (1) day unless the Employee and the Employer agree to schedule a different day off with pay.

b) Where a Holiday falls on a Full-Time Employee's scheduled day off an additional day off with pay will be scheduled.

c) As per the Collective Agreement signed December 22, 2011, part-time staff that were employed at that time will remain grandfathered into the above (a) and (b) items.

30.04 A Full-Time employee required to work on any of the foregoing Holidays shall be paid at the rate of time and one-half (1 ½) their regular straight time hourly rate of pay for all hours worked on such holiday. In addition, another day in lieu will be taken at the regular rate. (No E.S.A. calculation).

A part-time or casual employee required to work on any of the foregoing holidays shall be paid at the rate of time and one half (1 ½) their regular straight time hourly rate of pay for all hours worked on such holiday. Part-time staff employed at the time of signing, December 22, 2011 will remain grandfathered under this article.

ARTICLE 31- WAGES

31.01

31.02

31.03

The wages scale and classifications shown in Schedule "A" attached to and forming part of this Agreement shall be effective as shown during the term of this Agreement except new hires who receive their increases according to the pay grid Schedule "A" and pertains to hours worked.

When a classification within the bargaining unit is established by the Employer, or where the Employer makes a substantial change in the job content in an existing classification which in reality causes such classification to become a new classification, or where an employee alleges they have been improperly classified, the Employer shall advise the Union of such new or substantially changed classificat ion and the rate of pay established. If requested, the Employer agrees to meet with the Union to review the appropriate rate of pay providing any such meeting shall not delay the implementation of the new classification. Where the Union challenges that rate of pay established by the Employer and the matter is not resolved following any meeting with the Union a grievance may be filed at Step 1 of the grievance procedure within seven (7) calendar days following any meeting. If the matter is not resolved in a grievance procedure, it may be referred to arbitration.

The increase in wages at each step of the wage scale for full-time and part-time employees shall

take place on an annua; n :¾~i #. 21

ARTICLE 32 - WORKPLACE SAFETY

32.01 The Employer agrees to abide by the Workplace Safety and Insurance Act as amended.

ARTICLE 33 - SICK AND PERSONAL DAYS

33.01 Full-Time Employees will be entitled to forty (40) hours per year of paid sick and forty (40) hours of paid personal leave. Sick and personal leave hours are not carried over from one year to the next and do not get paid out.

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

b) An Employee absent by reason of sickness or accident may elect not to take sick leave with pay.

c) Absence for sickness or accident compensable by the Workplace Safety and Insurance Act will not be charged against sick leave credit.

d) Any Employee absenting himself on account of personal illness must notify the Manager/Executive Director on the first day of illness before the time they would normally

report for duty. Failure to give adequate notice, unless such failure is unavoidable, may result in loss of sick leave benefits for that day of absence.

e) Where an Employee's scheduled vacation is interrupted due to a serious illness incapacitating the employee such that they would be required to remain off work the period of such incapacity during which the employee would otherwise have worked, shall be

considered sick leave, provided the Employee provides satisfactory documentation of the incapacity and the period of incapacity. 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. The portion of vacation deemed to be sick leave will be taken when the Employee recovers and at a mutually agreeable time.

f) An Employee who is absent due to a pregnancy related illness may be eligible for sick leave under the sick leave plan.

g) An Employee who is absent due to illness three (3) or more days is required to bring a Doctor's note in to work first day back to work following the illness.

ARTICLE 34- HEALTH AND SAFETY

34.01 The Employer and the Union agree to co-operate in the observation of all safety rules and practices.

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34.02 The Employer agrees to accept as members of the Health and Safety Committee, to a maximum of two (2) representatives, elected or appointed by the Union from among the bargaining unit employees.

34.03 The Health and Safety Committee may meet every two (2) months to deal with Health and Safety issues, unless the Committee unanimously determines to meet less frequently. Scheduled time spent in such meeting is to be considered as time worked.

ARTICLE 35- HEALTH AND INSURANCE BENEFITS

35.01 Effective at the time of signing, casual and part-time staff will receive seventy(. 70) cents per hour in lieu of Health and Insurance Benefits.

The Employer will contribute an amount monthly, not to exceed $386.47 per Employee with Family, or $270. 72 per single Employee to a Health Benefit Plan to be named by the Union. Part-time employees must regularly work a minimum of 25 scheduled hours a week for three months to be entitled to benefit coverage. All part-time employees hired on or prior to December 22, 2011 will be grandfathered into the plan at time of signing

Effective April 1, 2021 increase contribution for family to $397.53 and $280.72 for single.

ARTICLE 36 - GROUP RRSP

36.01 RRSP: 5% for each Full-Time Employee.

The RRSP program will be arranged by the Employer. Full-Time Employees are required to complete all documents to properly enrol in the RRSP.

The Employer shall contribute 5% of the Full-Time Employee's gross monthly earnings to the RRSP. Payment will be made monthly.

In addition, the Employer will add an additional 1% of Gross Earnings to the RRSP provided the employee contributes 2%.

36.02 De Novo offers Part-time employees who have completed 12 calendar months of continuous employment at De Novo to be enrolled in an RRSP plan wherein De Novo will contribute 2% on the condition that the employee also contributes 2%.

ARTICLE 37 - RENEWAL AND AMENDMENT

37.01 The Collective Agreement shall be effective from the date of ratification and continue in effect until March 31, 2023 and shall remain in effect from year to year thereafter unless either party gives the other party written notice to amend the Agreement in accordance with Article 37.02 below.

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37.02 Where either desires to amend this Agreement, it shall give notice to the other party only within the period of ninety (90) days prior to the expiration date of this Agreement or any anniversary of such expiration date.

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

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SCHEDULE "A" SCHEDULE "A"

Classifications 2% 2% 2%

Attendant At Effective Effective Effective Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

Start $16.81 $17.15 $17.49 $17.84

After Probation $17.22 $17.56 $17.91 $18.27

After 2080 hours $18.32 $18.69 $19.06 $19.44

After 4160 hours $18.77 $19.15 $19.53 $19.92

After 6240 hours Max $19.22 $19.60 $19.99 $20.39

Counsellor College Diploma At Effective Effective Effective Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

Start $20.37 $20.78 $21.20 $21.62

After Probation $20.88 $21.30 $21.72 $22.15

After 2080 hours $22.20 $22.64 $23.09 $23.55

After 4160 hours $22.76 $23.22 $23.68 $24.15

After 6240 hours Max $23.32 $23.79 $24.27 $24.76

Counsellor College Diploma & At Effective Effective Effective ICADC Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

Start $21.37 $21.80 $22.24 $22.68

After Probation $21.91 $22.35 $22.80 $23.26

After 2080 hours $22.45 $22.90 $23.36 $23.83

After 4160 hours $23.01 $23.47 $23.94 $24.42

After 6240 Max $24.42 $24.91 $25.41 $25.92

Counsellor University Diploma At Effective Effective Effective Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

Start $22.39 $22.84 $23.30 $23.77

After Probation $22.94 $23.40 $23.87 $24.35

After 2080 hours $23.51 $23.98 $24.46 $24.95

After 4160 hours $24.10 $24.58 $25.07 $25.57

After 6240 Max $25.65 $26.16 $26.68 $27.21

Counsellor University Diploma & At Effective Effective Effective ICADC Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

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Start $23.40 $23.87 $24.35 $24.84 After Probation $23.99 $24.47 $24.96 $25.46 After 2080 hours $24.58 $25.07 $25.57 $26.08 After 4160 hours $25.21 $25.71 $26.22 $26.74 After 6240 Max $26.75 $27.29 $27.83 $28.39

Cook - Kitchen Aide At Effective Effective Effective (New Position) Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

Start $15.79 $16.11 $16.43 $16.76 After Probation $16.18 $16.50 $16.83 $17.17 After 2080 hours $17.20 $17.54 $17.89 $18.25 After 4160 hours $17.63 $17.98 $18.34 $18.71

Cook Level 1 At Effective Effective Effective (New Position) Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022


Cook Level 2 At Effective Effective Effective (New Position) Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022


Cook - Red Seal At Effective Effective Effective Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022


Maintenance/ Janitorial At Effective Effective Effective Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

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Start $15.79 $16.11 $16.43 $16.76

After Probation $16.18 $16.50 $16.83 $17.17

After 2080 hours $17.20 $17.54 $17.89 $18.25

After 4160 hours $17.63 $17.98 $18.34 $18.71

Housekeeping/ Cook Aide At Effective Effective Effective (New Position) Ratification Apr.1.2020 Apr.1.2021 Apr.1.2022

Start $16.00 $16.32 $16.65 $16.99

After Probation $16.93 $17.27 $17.61 $17.97

After 2080 hours $17.72 $18.07 $18.44

After 4160 hours $18.52 $18.89

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MEMORANDUM OF SETTLEMENT Health Care... · The RRSP program will be arranged by the Employer....

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