Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region...

33
t i . i COLLECTIVE AGREEMENT Between ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective; April1, 2013 Expiry: March 31, 2018 1 Unit #285 & 33

Transcript of Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region...

Page 1: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

t i .

i =~

COLLECTIVE AGREEMENT

Between

ParaMed Home Health Care In the

City of Toronto And the

Region of York (the Employer)

And

SEIU Healthcare SEIU Local One Canada

(the Union)

Effective; April1, 2013

Expiry: March 31, 2018

1

Unit #285 & 33

Page 2: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

'

INDEX

Article 1 Purpose 1 Article 2 Scope and Recognition 1 Article 3 Definitions 1 Article 4 No Strikes/Lockouts 2

· Article 5 Management Rights 3 Article 6 Union Security 3 Article 7 Relationship and Representation 4 Article 8 Seniority 6 Article 9 Grievance Procedure 8

9.03 Group Grievance 9 9.05 Policy Grievance 9 9.09 Discharge or Suspension Grievance 10

Article 10 Arbitration 11 Article 11 Leave of Absense 11

11.04 Pregnancy & Parental Leave 12 11.06 Bereavement Leave 12 11.07 Union Leave 12 11.08 Education Leave 13 11.09 Jury Duty 13

Article 12 Hours of Work 14 Article 13 Lay-off and Recall 17 Article 14 Personnel Files 17 Article 15 General 18 Article 16 Public Holidays 18 Article 17 Vacations 19 Article 18 Benefits 21 Article 19 Travel 21 Article 20 Job Postings 22 Article 21 Duration 23

LOU Government Funding for PSWs 24 Appendix A- Wages 25 Appendix B- Benefit Banking Rules 27 Appendix C- Benefit Coverage and Premium Costs 29 Toronto Quads Map 31

2

Page 3: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

t,

ARTICLE 1 " PURPOSE

1.01 The purpose of the Agreement is to establish and maintain collective bargaining relations between the Employer and the employees covered by this Agreement and to provide for a prompt and orderly method of settling complaints or grievances which may arise hereunder.

1. 02 The Union recognizes the obligation of the Employer to provide efficient service to the public pursuant to the relevant legislation and objectives of the Employer.

ARTICLE 2 " RECOGNITION AND SCOPE

2.01 2.01 The Employer recognizes the Union as the bargaining agent of all employees of ParaMed Home Health Care in the City of Toronto and the Region of York, save and except coordinators, supervisors, persons above the rank of supervisors, registered nurses, physiotherapists, occupational therapists, speech and language pathologists, social workers, and delivery sales people, office, clerical and technical staff.

2.02 It is agreed that the word "employee" or employees" wherever used in this Agreement shall be deemed to refer only to an employee or employees in the bargaining unit as defined in Article 2.01.

Article 3 - DEFINITIONS

3.01 Whenever the feminine pronoun is used in this Agreement, it includes the masculine pronoun when the context requires. Whenever the singular form is used, it shall be deemed to include the plural and vice-versa, when the context so requires.

3.02 Geographical Areas of Work (Quads)

The employer will assign employees into geographical areas or quads. This will primarily be for PSWs and R.P.Ns. The employer will endeavor to assign employees to these areas on a permanent (and occasionally on a temporary basis). The intent is to ensure that employees are assigned clients in the same geographical area or quad to maintain continuity for all parties, reduce travel time for employees, provide better service, enhance support to work teams with better access to supervision and support. Some classifications/employees may be assigned more than one geographical area or quad based on client volume and their particular specific needs, i.e. R.P.N's.

While the intent is to have the employees work in the same geographical areas, the employer reserves the right to assign outside of the employee's assigned geographical area or quad. This will only be done in extreme cases when no employee is available for the other quad or in the case of an emergency. This will be the exception not the rule and based on client volumes. Any such assignments would be given to the available casual/part-time or on occasion to the available full-time. Such assignments will be distributed by inverse order of seniority.

Currently there are five quads in the city of Toronto (see map attached to back of agreement). The employer reserves the right to expand, create or condense these quads.

I

Page 4: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

,,

The operation of these quads would carry special provisions for job postings, quad seniority for assignments, lay-offs/recalls, vacation selections, blocks of time for hours of work and determination of employment status i.e, full-time, part-time, or casual.

After ratification of this collective agreement, each employee will be approached and assigned to a geographical area or quad and a determination made of their employment status, They will be given the opportunity to be made full-time, or part-time, based on the number of blocked hours committed to in a bi-weekly period. This will be as per the definitions of full-time, part-time and casual.

Applications will be accepted from employees to change their quad or to change their committed block of hours (restricted to three requests per calendar year). Each application will be given serious consideration. The employer will endeavor to facilitate requests where possible, This process is not to be confused with an employee's request for a single day accommodation.

3,03 Full- Time Employees

Further to Articles 12,04 (1) and (3) full time employees may be scheduled up to forty-four (44) hours in a week or eighty-eight (88) hours in a two- week period. The calculation of all hours worked under this article ·shall be inclusive of travel time.

3.04 Part-Time Employees

Further to Articles 12.04 (2) and (4) part-time employees may be scheduled to work fifty (50) hours in a two-week period. The calculation of all hours worked under this Article shall be inclusive of travel time.

3.05 The parties agree that there shall be no discrimination, interference, restraint coercion or intimidation exercised or practiced upon any person employed by the Employer on account of membership or non-membership in any trade union or association or because of activity or non-activity in the union.

3.06 The union agrees that it will not conduct union business (other than that which is permitted in this Agreement) except as specifically authorized in advance and in writing by the Employer.

3.07 The Employer also agrees to abide by the provisions of the Ontario Human Rights Code, R.S.O. 1990, C.H. 19, as amended.

ARTICLE 4- NO STRIKES AND NO LOCKOUTS

4.01 During the term of this Agreement neither the union nor any of its officers or officials nor any employee shall take part in or call or encourage any strike, sit-down, slowdown, suspension of work or any other collective action against the Employer, nor shall the Employer engage in any lock-out of the employees.

2

Page 5: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

,,

ARTICLE 5 -MANAGEMENT RIGHTS

5.01 The Union acknowledges that it is the exclusive right of the Employer to manage and direct its operations and affairs in all respects and, without limiting or restricting that right:

a) to maintain order, discipline and efficiency;

b) to make, enforce and alter from time to time, rules and regulations, to be observed by the employees;

c) to hire, classify, direct, promote, demote, transfer, lay off and schedule employees and to increase or decrease the working force and to discipline or discharge employees provided that a claim by a non-probationary employee that she has been disciplined or discharged without just cause may be the subject of a grievance;

d) generally to manage the Employer's operations and, without restricting the generality of the foregoing, to determine the number' and classifications of personnel required, the hours of work, the work assignments, the work and services to be provided and performed, the content, evaluation and description of jobs, employee qualifications, the number of hours to be worked, the methods, procedures and equipment used in connection therewith, the extension, curtailment or cessation of operations or any part thereof and to determine and exercise all functions, rights, privileges and prerogatives which shall remain with the Employer except as specifically limited by the express provision of this Agreement.

e) determine, in the interest of the operation and for the protection of its clients, the most effective means of security of the Employer's premises, property, equipment and information.

f) take any action necessary for the protection of its clients.

5.02 All matters concerning the operation of the Employer which are not specifically limited by provisions of this Agreement shall be reserved to the Employer and be its exclusive responsibility.

ARTICLE 6 - UNION SECURITY

6.01 As a condition of employment, the Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly union dues and initiation fees designated by the Union.

6.02 Such dues shall be deducted from each pay for employees. In the case of newly hired employees each employee shall be subject to a one (1) time Union Initiation Fee as directed by the Secretary Treasurer of the Union Initiation Fees and Dues deductions shall commence in the month of hire.

3

Page 6: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

6.03 The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer's · conclusive authority to make the deductions specified.

6.04 The Union agrees to indemnify and hold the Employer harmless with respect to all deductions made pursuant to this article and with respect to any liability or claim made against the Employer by any employee(s) or any other person arising out of deductions made pursuant to this article.

6.05 Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before the 151

h of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed.

6.06 The Employer agrees to forward a list of dues deductions in an electronic format on an electronic template provided by the Union under the direction of the Secretary Treasurer. The list will include: the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked and the amount of dues remitted on behalf of each of the employees for whom deductions have been made.

6.07 The Employer will provide each employee with a T4 slip showing the dues deducted in the previous year for income tax purposes where such information is available or becomes readily available through the Employer's payroll system.

ARTICLE 7- RELATIONSHIP AND REPRESENTATION

7.01 The Employer agrees that the Union may appoint or otherwise select not more than four (4) Stewards, one of whom shall be the Chief Steward, and one of whom shall be an RPN, from employees who have completed their probationary period, to act as Stewards for the purpose of handling any grievances and dealing with issues properly arising from this Agreement from time to time during its term. No employee shall be recognized as a Steward by the Employer until the Union advises the Employer, in writing, of the name of the employee designated as the Steward.

7.02 ·The Union shall provide the Employer with written notification of the names of all the Committee persons described in Article 7:01. The Employer will only recognize those persons described in Article 7:01 after being advised of the names in writing by the Union.

7.03 The Employer will recognize a Union Negotiating Committee comprised of a Union Representative and not more than three (3) non-probationary employees, compensated by the Employer for 7.5 hours each day at Negotiations, up to but not including Conciliation.

7.04 The Union acknowledges that the employee representatives on committees will continue to have the normal duties of their employment to perform. Employee representatives shall not leave their duties of their employment in order to attend the meetings of the committees without having previously obtained the permission of their supervisor. Employee representatives shall seek permission to attend committee meetings at least one (1) week in advance of the date of such meeting, whenever possible. Such permission shall not be unreasonably withheld.

4

Page 7: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

7.05 All correspondence between the parties concerning the Collective Agreement shall be between the Branch Director (or his/her designate) and the Union Representative (or her designate).

7.06 It is agreed that for all purposes under this Agreement, the Employer's place of business, and the Employer's offices or premises shall not include a client's premises.

7.07 The Employer agrees that there will be a Joint Health and Safety Committee that shall operate in accordance with the requirements of the Ontario Occupational Health and Safety Act.

7.08 If an employee is suspended or discharged, the Employer shall notify the full-time Union Representative in writing within two (2) working days following the date of suspension or discharge.

7.09 At the time formal discipline is imposed or at any stage of the investigation procedure, an employee is entitled to be represented by a Union Steward or Union representative (in person or via telephone). The Employer shall advise the employee of this right to representation; however, it is the employee's responsibility to request the presence of a Representative when it is desired. The employer will provide no less than 24 hours' notice to stewards and representatives in

· advance of such meetings. Where no Representative is available, there may be no challenge to the validity of the discipline due to their absence from the disciplinary meeting.

7.10 Recognizing the mutual objective of quality care, the Employer agree to meet through the Labour Management Committee with the Union as soon as practical after the receipt of the results of an "RFP" that may result in change to its "Service Volume".

The purpose of this meeting is to discuss the impact of the "Service Volume" changes on the staffing of the Employer, and provide the Union with the opportunity to make representation in that regard. The parties agree they will work together in the development of a transition plan to implement the changes that may be required as a result of the "RFP" process.

7.11 In order to minimize the disruption in client service, and to maintain efficiency, any duties required to the Steward shall be performed outside the scheduled hours of work of the Steward except as set out in this Article.

If the steward is required to attend a union meeting (grievance meeting, LMM or any meeting the employer is requesting) during her scheduled hours of work, she shall suffer no loss in pay for time spent in meetings with the Employer's representatives.

7.12 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:

(a) A Labour Management Committee shall be established to discuss matters of mutual interest and/or concern and provide a means whereby problems or concerns can be discussed and resolved to the mutual satisfaction of the parties. The matters proposed and discussed, shall not include matters that are properly the subject of negotiations for the amendment or renewal of the collective agreement or grievance.

5

Page 8: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

(b) The Labour Management Committee shall consist of a maximum of (3) representatives appointed by the Union and a maximum of three (3) representatives appointed by the Employer. The Chief Steward or designate shall be in attendance at all Labour Management meetings.

(c) The Labour Management Committee shall meet at least once every three (3) months, or more frequently upon mutual agreement of the parties. An agenda will be prepared and provided to the other party at least two (2) calendar days of the matters proposed to be discussed.

(d) Meetings will be co-chaired on a rotating basis. Minutes taking will be shared on a rotating basis. Minutes will be drafted and distributed for review by the responsible party within seven (7) calendar days following a meeting. Minutes will be posted after approved and signed by both parties.

(e) The Union and the Employer agree that such meetings, discussions and correspondence involving the Labour Management Committee will be conducted in a respectful and professional manner in the spirit of promoting harmonious relations between the parties and creating a mutually respectful and productive working relationship.

(f) The Union and the Employer agree that the Union shall have the right to have the assistance of a Representative of the Union when dealing with the Employer and the Employer shall have the right to have the assistance of a support person.

ARTICLE 8 - SENIORITY

8.01 (a) Seniority shall be the total number of hours worked with the Employer since the last date of hire with the exception of employees classified as Registered Practical Nurse ("RPN"). For employees classified as RPN, seniority shall be calculated on the basis that each client visit is deemed to be one (1) hour worked. The client visit seniority for RPN's can be used for layoffs and recalls and job postings within the RPN group only (both within their Work Quad and within the overall classification).

(b) The exception to the application of client visit seniority for RPN's is as follows;

• Probationary period is 480 *actual hours worked • Vacation entitlement is based on actual hours worked • Benefit entitlement is based on actual hours worked • Scheduling and potential earnings is based on actual hours worked • Overtime will only be paid after 88 hours bi-weekly of actual hours worked • Payment entitlement for stat holidays is based on actual hours worked • Movement on the pay grid is based on actual hours worked

*Actual hours worked for the RPN's includes direct and indirect paid hours

8.03 Upon mutual consent the Employer may extend the probationary period of an employee.

6

Page 9: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

8.04 A seniority list shall be prepared twice annual!~ according to the records of the Employer as of the end of the pay period closest to June 30 and December 31 51

• The seniority list shall be posted on a bulletin board provided by the Employer once prepared. Any errors on the seniority list must be brought to the employer's attention within forty (40) days after posting. The employer will provide a copy of the seniority list to the Chief Steward.

8.05 A newly hired employee will be known as a probationary employee until. she has actually worked and completed four hundred and eighty (480) hours of work exclusive of travel time following the employee's most recent date of hire. Probationary employees will not accumulate seniority until after they have successfully completed the probation period.

Seniority shall be established for an employee following the successful completion of the probationary period. It is recognized that the probation period is a period during which the Employer will have the right to assess an employee and to determine whether such employee is, in the sole discretion of the Employer, acceptable for continued employment. It is therefore recognized that probationary employees may be terminated in the sole and absolute discretion of the Employer at any time for any reason during the probationary period. The dismissal of a probationary employee shall not be the subject of a grievance, as long as it was not discriminatory, arbitrary or in bad faith.

8.06 An employee shall lose all seniority and shall be deemed to have terminated her employment for any of the following reasons:

a) Resignation or quits;

b) Discharge, and not reinstated through the grievance or arbitration procedure;

c) Retirement;

d) Absence from work for three (3) or more shifts that had previously been accepted without providing the Employer with a satisfactory reason for the absence;

e) The employee is laid off for a period of twenty-four (24) months

f) Failure to return from layoff within five (5) working days after being advised via Registered Mail of recall.

g) Use of a leave of absence for a purpose other than for which it was granted; or

h) Where an employee has not accepted any work assignments when offered, for a period of three (3) months, unless a longer period of absence has been approved by the Employer.

i) Releases confidential personal or medical information about a client to unauthorized persons;

j) Falsifies documents including but not limited to client documents, medical documents, travel and expense reports, payroll documents, time or work records;

k) Assaults or abuses a client, caregiver, family member or persons employed by the Employer;

7

Page 10: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

I) Engages in the theft of property from a client, care giver/family member or the Employer;

m) Is absent due to illness or disability (except for absences for which Workplace Safety Insurance Board benefits are received) which absence continues twenty-four (24) calendar months;

· n) Fails to report for three (3) scheduled work assignments within any twelve(12) month period without notifying the employer in advance, or without providing an excuse reasonable to the employer for such absences, unless such notification could not reasonably be given.

8.07 An employee shall maintain but not accumulate seniority when she is absent from work for any of the following reasons:

(a) Absence on layoff for a period of twenty-four (24) months or less; or,

(b) When the employee is absent on an approved leave of absence.

8.08 Seniority for the purposes of lay-off and recall, shall be retained and will accumulate when an employee is absent from work for any of the following reasons:

(a) When absent on Pregnancy or Parental leave in accordance with the provisions of the Employment Standards Act, 2000, as amended; or

(b) When absent on Union leave of absence under Article 11.07; or

(c) When absent on a sick leave WSIB approved absence for a period of up to twenty-four (24) months.

ARTICLE 9- GRIEVANCE PROCEDURE

9.01 It is the mutual desire of the Parties that differences arising from the interpretation, application or administration of this Collective Agreement (including a difference relating to whether or not a matter is arbitrable) shall be dealt with according to the terms of this Complaint and Grievance Procedure.

9.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is generally understood that an employee has no grievance until she has first given the Employer an opportunity to adjust her complaint. If an employee has an unsettled complaint regarding the interpretation, application, administration or alleged violation of this Collective Agreement the employee will comply with the following complaint and grievance procedure:

Complaint

The employee will verbally refer the matter to his/her immediate supervisor within three (3) days after the circumstances giving rise to the complaint have occurred, or when it should have reasonably come to the attention of the employee. The employee may be accompanied by a

8

Page 11: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

Steward, if so requested. The supervisor shall render his/her decision in writing within ten (1 0) business days of the receipt of the complaint.

Step 1

Failing settlement at the Complaint Stage, the Steward and/or the employee shall submit a completed written grievance to her supervisor or his/her designate, within ten (10) business days following the supervisor's decision under the Complaint procedure ab.ove. The supervisor or his/her designate shall render his/her decision in writing to the Union Steward and the employee within ten (1 0) business days after presentation of the written grievance.

Step 2

Failing settlement at Step 1, a Union Representative may within ten (1 0) business days following the supervisor's decision in Step 1 above, schedule a meeting with the Branch Director or his/her designate. The Union Steward and/or the employee may be present at such meeting. Upon completion of this meeting, the Branch Manager or his/her designate shall render his/her decision within ten (1 0) business days.

Failing settlement at Step 2, the grievance may be submitted to arbitration within fourteen (14) business days after the decision has been provided by the Employer's Manager or the designate as set out in Step 2 above.

9.03 Group Grievance

Where a number of employees have similar grievances, they may present a group grievance within the same time limits prescribed for an individual grievance.

9.04 The grievers' names must be listed on or attached to the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a group grievance. The subject matter of a group grievance shall not form the basis of an individual grievance and vice­versa. If a group grievance could be filed, then it is agreed that individual grievances will not also be filed.

9.05 Policy Grievance

The Union shall have the right to file a grievance based on a difference directly with the Employer arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. The Union may not file a grievance regarding any matter upon which an employee may personally grieve. The time limits in Article 9.02 will apply to a Union grievance and such grievance must be in writing. Such grievance shall commence at Step 2.

9.06 An Employer grievance shall be commenced by presenting a written grievance to the Union. The time limits in Article 9.02 will apply. Such grievance shall commence at Step 3.

9.07 After a written grievance has been initiated by the Union at Step 2, the Employer or its representative(s) will not enter into a discussion or negotiation with respect to the grievance either directly or indirectly with the griever without the consent of the Union.

9

Page 12: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

9.08 No grievance may be submitted to arbitration which has not been properly carried through all of the Steps of this Complaint and Grievance Procedure.

DISCHARGE OR SUSPENSION GRIEVANCE

9.09 Any Grievance involving the discharge of an employee shall commence at Step 2 of the Grievance Procedure Article 9.02 within five (5) working days of the employee being notified of her discharge or suspension.

9.10 All agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Union shall be final and binding upon the Employer, the Union and the employee (s) involved.

9.11 No adjustment or remedy granted under either the Grievance or Arbitration Procedure shall be made retroactive to a point prior to the incident giving rise to the grievance.

9.12 The time limits in the grievance procedure may be extended by mutual agreement of the parties.

9.13 Time limits in the Grievance Procedure and Arbitration are exclusive of Saturdays, Sundays and Public Holidays.

9.14 The parties agree to implement a Grievance Mediation procedure in accordance with the following provisions:

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at anytime within ten (10) days after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

(b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties.

(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

(d) The parties shall agree on a mediator.

(e) Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the Proceedings shall be made and legal counsel shall not be used by either party.

(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.

(g) The Mediator will have the authority to meet separately with either party.

10

Page 13: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

(h) If no settlement is reached within five (5) days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this Collective Agreement. In the event that ·a grievance, which has been mediated subsequently, proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration.

(i) The Union and Employer will share the cost of the Mediator, if any.

ARTICLE 10- ARBITRATION

10.01 When either party wishes to have a grievance referred to arbitration, it shall give written notice of such referral to the other party within the time limits set out in the Grievance Procedure, and at the same time appoint its nominee to the Arbitration Board. Within ten (10) business days the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Ministry of Labour shall have the power to effect the appointment upon the application of the party invoking the arbitration procedure. The two (2) nominees shall attempt to select, by agreement, the Chair of the Arbitration Board. Where the nominees cannot agree on the name of the Arbitrator, either party may request that the Ministry of Labour make the appointment.

10.02 The arbitrator hearing the grievance shall not have the power to add to, subtract from, modify or otherwise amend this Agreement in order to give any decision or award that is inconsistent with it.

10.03 The parties shall each pay their own costs of the arbitration and shall jointly share the costs of the arbitrator and the hearing.

10.04 The time limits which are set out in the grievance and arbitration procedures are mandatory. A failure to strictly observe the time limits therein shall render the grievance inarbitrable. The time limits in the arbitration procedure may be extended by mutual agreement of the parties.

10.05 The decision of the Arbitrator shall be final and binding upon the Employer, the Union and the employee (s) involved. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure and in accordance with the time limits herein for the processing of the grievance and referral to arbitration.

10.06 The parties may by mutual agreement substitute a sole arbitrator for an arbitration board. If a sole arbitrator is utilized, the parties agree to share the cost of the sole arbitrator.

ARTICLE 11- LEAVE OF ABSENCE

11.01 Except as specifically provided herein, during an authorized leave of absence, seniority shall not accumulate but shall be maintained.

11.02 The Employer will have the discretion to grant a leave of absence to an employee without pay provided only, that the Employer receives at least four (4) week's advance notice of the requested leave in writing subject to the provisions of the Employment Standards Act, 2000 as amended, and provided that such leave may be arranged without undue inconvenience and

11

Page 14: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

\

disruption to the normal operations and services provided by the Employer to its clients. Such requests will not be unreasonably denied while having due regard for the Employer's operations. Applicants, when applying, must indicate the reason for the leave of absence, the date of departure and specify the date of return.

11.03 Leaves of absence for pregnancy and parental leaves shall be governed by the Employment Standards Act, 2000, as amended.

11.04 Pregnancy & Parental Leave

Seniority and Service continues to accrue during pregnancy leave to a maximum of seventeen (17) weeks and during parental leave to a maximum of thirty-five (35) weeks.

11.05 During an employee's leave under this article, the Employer shall continue to make the Employer's contributions for any benefit plans, including pension, unless the employee gives the Employer a written notice that the employee does not intend to pay the employee's contributions if any.

11.06 Bereavement Leave·

(a) Bereavement Leave without loss of pay for previously scheduled hours will be granted up to a maximum of three (3) consecutive days immediately following the death of a member of the employee's immediate family ending with the day of the funeral.

(b) Immediate family means parent, child, brother, sister, spouse, grandparent, grandchild, mother-in-law, father-in-law, common law spouse, and same sex partner.

(c) Bereavement leave without loss of pay for previously scheduled hours will be granted of one (1) day following the death of an employees' step-parent, stepchild or legal guardian.

(d) In the event of a spring interment, one (1) day may be reserved by the Employee to attend the services with pay.

(e) Additional leave without pay may be granted at the discretion of the Employer.

(f) If the death of an immediate family member occurs while an employee is on vacation or holiday, the employee will receive bereavement leave and the vacation days may be taken at a later date.

11.07 Union Leave

(a) The Employer shall grant leave of absence without pay to employees to attend Union conventions and/or educational sessions. No more than three (3) employees shall be absent at one time. Such leave must be applied for in writing at least two (2) weeks in advance of the convention or educational session as the case may be. The total of all leaves of absence for all employees shall not exceed twenty (20) working days per calendar year.

12

Page 15: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

(b) An employee elected for appointment to a paid, full time position within the Union shall be granted an unpaid leave of absence for up to two (2) years.

(c) Upon the Union's written request, the Employer shall continue the pay and benefits (if any) as referred to in this Collective Agreement, for the employees referred to in Article 11.07 ~ (a) above and the Union shall reimburse the Employer for the cost of the absent employee's wages and benefits.

11.08 Education Leave

(a) Where employees are required by the Employer to take training courses and seminars for the purposes of upgrading or acquiring new skills and qualifications, the Employer shall pay the regular wage for all hours in attendance at such course or seminar. The Employer shall pay the cost of such courses or seminars.

(b) A leave of absence, without pay, to take further training courses or seminars related to the employee's work with the Employer may be granted upon written application by the employee to her Supervisor. It is understood and agreed that the Employer will, wherever practicable in accordance with its scheduling requirements, arrange scheduled work assignments of employees attending such training courses or seminars to permit such attendance. Leave will be approved only when there is no undue hardship to the normal operations of the Employer.

(c) Notwithstanding the provisions of this clause, where the Employer offers courses, workshops or lectures to employees, attendance at such courses, workshops or lectures will be considered voluntary and attendance shall be without pay.

11.09 Jurv Duty

(a) If an employee is required to serve as a juror in any court of law or attend under subpoena as a witness in a court proceeding, the employee shall be granted a leave of absence without pay.

(b) Where an employee is required by subpoena t<;> attend a court of law or a coroner's inquest as a witness in connection with a case arising from the employee's duties with the Employer, the employee shall not lose pay as a result of not being able to attend any accepted and scheduled client assignments that day. This will be affected by the Employer paying such the employee the difference between her regular earnings and the payment received with the subpoena. The employee will sign over her subpoena fees to the Employer, and the Employer will pay the wages that would have been earned by the employee on that day but for the subpoena.

(c) The employee shall notify the Employer immediately after receiving a subpoena. The employee will come to work during those regularly scheduled hours that she is not required to attend at court <;>r an inquest where possible and reasonable to do so. The employee will provide the Employer with a signed document from the clerk of the court stating the days and times that the employee was in attendance. This provision shall not apply to grievance arbitration.

13

Page 16: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

'

ARTICLE 12- HOURS OF WORK

12.01 This Article is intended to set out the process for the allocation of shift assignments to employees and shall not be construed to be a guarantee of the amount of work offered to any employee, days or hours of work, work schedule, or work location.

12.02 A "shift assignment" is a set schedule or block of hours of service or visits provided to a single client. A shift assignment may change in schedule or duration from time to time, and in such case will not be considered to be a "new shift assignment" within the meaning of Article 12.03.

Nothing herein shall prevent the Employer from offering parts of a shift assignment to more than one employee.

The parties recognize that there may be circumstances where a shift assignment may include work for more than one client where such clients reside in shared premises or in a single building unit.

12.03 Subject to Article 12.06 of this Agreement, employees shall be scheduled in the following priority sequence subject to their commitment of hours, geographical quads, skills (see below), experience, and ability to meet the needs of the clients:

1) full-time employees, in the order of seniority;

2) part-time employees, in the order of seniority; and

3) casual employees, in the order of seniority.

The Employer shall use its best efforts to provide employees with up to the-number of blocked hours that are committed to be worked by the employee. The number of hours that are actually assigned to an employee in a day or in a week is fully dependent upon:

a) the time of day when the service is to be delivered to the client;

b) language and cultural needs of the client, where required;

c) physical ability to provide appropriate care to the clients;

d) client preferences or requests;

e) continuity of care; and

f) current qualifications, including ability, knowledge, education, skill, and experience.

12.04 Required Commitment of Hours (to be used for Scheduling of Employees)

(1) Full Time PSWs and HSW

Full time PSWs and Home Support will provide 100 hours (or block of time agreed by Employer) of commitment in bi-weekly pay period plus be required to work one (1) weekend in two (2).

14

Page 17: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

,,

o Five- 10 hour blocks per week o Weekday/Weekend blocks will be continuous from start time to finish time.

All blocks will be chosen by seniority on a first come, first serve basis.

Nothing in this article will prevent PSWs or Home Support Workers from making a commitment to be available additional hours per week.

(2) Part Time PSWs and Home Support

Part time PSWs and Home Support will provide 50 hours (or block of time agreed by Employer) of commitment in bi-weekly pay period plus be required to work one (1) weekend in two (2).

o Parameters to be determined and committed to upon hire. o Weekday/Weekend blocks will be continuous from start time to finish time

All blocks will be chosen by seniority on a first come, first serve basis.

Nothing in this article will prevent PSWs or Home Support Workers from making a commitment to be available additional hours per week.

(3) Full Time RPNs

Full time RPNS provide up to 100 hours (or block of time agreed by Employer) of commitment in bi­weekly pay period inclusive of requirement to work one (1) weekend in two (2).

o Weekday/Weekend blocks will be either 7:00 a.m. to 3:00 p.m. or 3:00 p.m. to 11:00 p.m. or 11:00 p.m. to 7:00a.m. will be continuous from start time to finish time.

All blocks will be chosen by seniority on a first come, first serve basis.

Nothing in this article will prevent RPNs from making a commitment to be available additional hours per week or make adjustments to their schedules to accommodate client preferences. Normally blocks will not extend beyond eight hour per day for Shift and Visiting nurses

(4) Part Time RPNs

Part time RPN's will provide 50 (or block of time agreed by Employer) hours of commitment in bi­weekly pay period plus be required to work one (1) weekend in two (2).

o Parameters to be determined and committed to upon hire o Weekday/Weekend blocks will be continuous from start time to finish time

All blocks will be chosen by seniority on a first come, first serve basis.

Nothing in this article will prevent RPNs from making a commitment to be available additional hours per week or make adjustments to their schedules to accommodate client preferences. Normally blocks will not extend beyond eight (8) hour per day for Shift and Visiting nurses.

15

Page 18: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

,,

Note: the use of the word "continuous" is not a guarantee of continuous assignments but is intended to describe the employers best efforts to eliminate large gaps and split shifts in assignments where and whenever possible.

(5) Casual Employees

(a) Casual employees shall advise the Branch, by way of an availability sheet of the number of desired hours of work and the days in which they are available to work, at least two (2) weeks before the beginning of each month. Availability must include at least. one weekend in two both Saturday and Sunday, and at least one day each week. Casual employees will only be offered work as per Article 12.03.

(b) Once an employee has accepted a work assignment, the employee is required to honour that commitment. Refusal of three (3) calls within their offered availability in a three (3) month period shall result in the employee being placed on the bottom of the on-call list for a period of thirty (30) days unless such work was refused by reason of the employee being incapacitated due to illness or accident. Casual employees will only be offered work as per Article 12.03. It is not the intent of the employer that casual employees will be scheduled with permanent clients nor shall they maintain a regular case load.

12.05 Rest and Meal Periods

The Employer will provide an employee with breaks as per the Employment Standards Act of Ontario. It is also understood, if the half (1/2) unpaid break is eliminated due to staff working with a single client on a shift greater than five (5) hours shift it is understood that employees are permitted to paid meal-time and take rest breaks at a time that is convenient to accommodate the client's needs.

12.06 None of the provisions of this Agreement may be construed as a guarantee of hours of work per day or per week, or a guarantee of days of work per week.

12.07 Overtime

Overtime at the rate of one and one-half (1.5) times an employee's regular hourly rate of pay shall be paid for all hours worked over 88 hours bi-weekly over the pay period that is used. There shall be no pyramiding of overtime payments.

12.08 In the event that an employee is unable to complete her work assignment in the scheduled time allotted, the employee will contact the supervisor or designate for authorization to work additional time to complete the assignment prior to the completion of the assigned work.

12.09 When employees are required by the Employer to attend mandatory staff meetings, they will be paid for time spent in attendance at such meetings at the Mandatory In-services, Staff Meetings & Mandatory Training rate set out in Schedule "A" to this Agreement.

Employees will not receive additional compensation of any kind for time spent travelling to and from Mandatory In-services, Staff Meetings & Mandatory Training.

16

Page 19: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

1.2.1 0 Where there is a change to Daylight Savings from Standard Time or vice versa, an employee shall be paid for her actual hours worked at her straight time hourly rate.

ARTICLE 13- LAY-OFF AND RECALL

13.01 "Lay-off'' shall mean the-reduction of the number of employees in the Employer's employ caused by the cessation of a portion of the Employer's operation.

13.02 In the event that a lay-off is required, employees in the Work Quad affected by the lay-off will be laid off in reverse seniority, provided that the employees who remain are willing and qualified having the skill and ability to perform the work available:

1) all casual employees in reverse order of seniority; 2) part-time employees, in reverse order of seniority; 3) full-time employees, in reverse order of seniority.

13.03 When _recalling employees after lay-off, those last to be laid off will be the first to be recalled provided that in each case, the employee is qualified, is in the Work Quad in which work is available, and has the skill and ability to perform the work.

13.04 Nothing shall prohibit an employee, who has been served notice of layoff, in their assigned Work Quad area to bump the most junior "eligible" person in another Work Quad area. The employee bumping must take work as assigned in the new Work Quad. "Eligibility" is defined that a part­time employee can only bump another part time employee. A full time employee served notice of layoff can bump into a full-time or part-time position.

13.05 Notice of recall shall be sent by registered mail to the employee's most recent address on file. The employee must respond in writing to the notice within seven (7) calendar days of receipt with her intention to either accept or decline the offer of recall. In the event that she declines or does not respond, she shall lose all seniority and shall be considered to have resigned her employment. Employees who have bumped will have first opportunity to fill new openings within their original Work Quad.

13.06 It is the employee's responsibility to ensure that her home address and telephone number are current at all times. If the employee fails to do this, the Employer will not be responsible for the employee's failure to notify.

13.07 Employees on lay-off shall be given the opportunity to perform available work prior to new Employees being hired into their original Work Quad, provided they are qualified, and has the skill and ability to perform the work.

Article 14- PERSONNEL FILES

14.01 Upon written request, an employee may review her personnel file in the presence of a member of management and if requested, a steward may also attend.

17

Page 20: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

. ~·.

14.02 (a) Letters of Reprimand

Letters of reprimand are to be removed from an Employee's personnel file after twelve (12) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of incidents involving client abuse in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the twelve (12) month period noted above.

(b) Suspension

Records of suspension are to be removed from an Employee's personnel file after twenty-four (24) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of incidents involving client abuse in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the twenty-four (24) month period noted above.

ARTICLE 15- GENERAL

15.01 There shall be no pyramiding or compounding of any overtime pay, premium pay or any other benefit provided for in this Agreement

15.02 A copy of this Agreement in a mutually agreed upon form shall be issued to each employee who is now employed or becomes employed during the term of this Agreement. The cost of printing the Agreement shall be equally shared between the Employer and the Union.

15.03 The Union shall be provided with use of an Employer bulletin board for the purpose of posting Union notices. Prior to posting, such notices must be approved by the Branch Manager or her designate. Such approval shall not be unreasonably withheld.

15.04 No employee will directly or indirectly solicit a client of the Employer or otherwise make any attempt to induce the client to terminate the services that are being provided by the Employer to the client, for any reason whatsoever. Such activity may be considered as cause for disciplinary action up to and including dismissal.

ARTICLE 16- PUBLIC HOLIDAYS

16.01 Employees who work on a public holiday shall be paid a rate of time and a half their regular rate of pay for all hours worked.

16.02 "Public Holiday" shall have the meaning ascribed to it as the definition of "public holiday" in the Employment Standards Act, 2000, as amended. And they will be administered as per the qualifiers listed within the Employment Standards Act, 2000, as amended.

18

Page 21: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

. '

16.03 The employer currently recognizes the following as paid holidays:

New Year's Day Good Friday Canada Day Thanksgiving

·Boxing Day

Family Day Victoria Day Labour Day Christmas Day

16.04 (a) To be eligible for holiday pay, an Employee must have worked all of her last regularly scheduled day of work before the public holiday or her first regularly scheduled day of work after the holiday unless reasonable cause for not doing so is shown.

16.05 (b) Employees who are scheduled to work on a holiday and fail to attend will not be qualified for payment of the holiday.

16.06 If an Employee is required to work on any paid holiday, she shall be paid for the holiday in accordance to Article 16.01 which is time & half (1.5) for all hours worked. In addition, (if qualified), she will receive her regular hourly rate of pay for a normal work day based on the formula set forth in the ESA.

Alternatively, provided the Employee is qualified for the straight time hourly rate (statutory holiday pay) they may elect to choose a lieu day and then be paid their statutory holiday pay in accordance with Article 16.08.

16.07 Any Employee who is qualified for holiday pay and is not scheduled to work on the holiday shall be paid straight time for the holiday by formula set forth in the ESA. They can receive their pay at the time or get paid for an alternative day off in accordance with Article 16.08 at a time mutually agreeable to the Employee and the Employer. The employee must specify their choice three weeks in advance.

16.08 At a time mutually agreeable to the Employee and the Employer, a day that is substituted for a public holiday shall be taken no more than three (3) months after the paid holiday or if the Employer and Employee agree, no more than twelve (12) months after the public holiday.

Article 17- Vacations

17.01 Employee's current Vacations entitlements will remain status quo until January 1, 2015. At which time entitlement will revert to the following;

Applicable Full time and Part time employees shall be entitled to vacations as follows:

1. Upon hire all employees will receive two (2) weeks at 4% effective after one year until they reach the trigger of 8,000 hours (not visits).

2. Employees who have less than one (1) year's continuous service with the Employer on the 1st day of July of each year shall receive one (1) days' vacation for each full month of service up to

19

Page 22: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

ten (10) days' vacation with vacation pay equal to four percent (4%) provided that no employee is entitled to take vacation time until after the completion of six (6) months of continuous employment with the Employer.

3. As of Dec. 31, 2014 any employee who has 8,000 hours will start to accrue for three (3) weeks' vacation at 6% of their total 2014 earnings.

4. As of Dec. 31, 2014 any employee who has 18,000 hours will start to accrue for four (4) weeks' vacation at 8% of their total 2014 earnings.

5. For greater clarity, it is understood that the intention of this harmonization of the vacation plan is to acknowledge and recognize the hours already accrued by employees while employed, but not to create any claims to entitlement for enhanced vacation pay on a retroactive basis.

As of date of ratification any staff within the "285 Comcare" and "RHS 354" agreements that currently receive a greater entitlement than listed above will be grandfathered.

Applicable Casual employees shall be entitled to vacation pay in accordance with the terms of the Employment Standards Act, 2000, as amended.

17:02 Vacations may be taken at any time during the vacation year. Employees shall be given preference with respect to their vacation periods in accordance with seniority, subject to the Employer's requirements as to sufficient availability of staff to meet the needs of the Employer's clients. Requests made as per the above will not be unreasonably denied.

17.03 (a) A full-time or part-time employee must request vacation by submitting a signed "Request for Time Off Form" to the Employer by March 1st of each year for current year request.(January 1 to December 31st) The employer will confirm these initial requests within five weeks. The Employer will grant vacation requests as per criteria listed in Art. 17.02 taking into account the ability to meet clients' needs. It is agreed that the peak periods include Christmas/News Years and July/August.

(b) All other Vacation requests may be submitted after the March 1st deadline and will be considered without regard to seniority on a first come first served basis. Employees will be notified in writing of their approval or denial as soon as possible but no later than three (3) weeks after it is submitted as a written request to their immediate supervisor.

17.04 An employee whose scheduled vacation is interrupted due to serious illness requiring the employee to be admitted to a hospital as an in-patient shall, upon furnishing satisfactory proof of the period of hospitalization, be considered on medical leave and not vacation during the relevant time. The portion of the employee's vacation which is deemed to be medical leave will not be counted against the employee's vacation entitlement in accordance with this Art.icle.

17:05 Vacation payout

Vacation pay shall be given to all employees during their scheduled vacation time unless the requirements of 17.03 has not been met. Any remaining vacation pay shall be paid out by December 31st of each year.

20

Page 23: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

ARTICLE 18- BENEFITS

18.01 The benefit plan shall not form part of this Agreement and shall not be the subject of grievance or arbitration under this Agreement. The Employer's only obligation with respect to benefits is the payment of its portion of the premiums. All disputes concerning benefits shall be matters exclusively between the employee(s) and the benefits carrier. Employees shall be responsible for the payment of all premiums for Critical Illness, and such. premiums shall be deducted from each employee's wages. Where an employee does not earn sufficient wages to cover the cost of the premiums, the employee is required to pay the applicable premium amounts to the Employer.

18.02 The Union shall be notified of any change in the Benefit Plans or carriers and any changes made by the Employer shall not reduce any current benefit except with the consent of the Union. The Employer agrees to provide the Union with advanced notice of any changes to the benefit plan.

18:03 Full time Employees shall be eligible to participate in the benefit plan in accordance with the terms of the benefit plan (including but in no way limited to terms concerning eligibility) Benefit banking rules are outlined in Appendix "B" at the back of this agreement

18:04 Benefit coverage as attached as Appendix "C".

18:05 The Employer and employees shall pay the premium cost amounts as outlined in Appendix "C" for all eligible employees as defined by Appendix "B".

ARTICLE 19- TRAVEL

19.01 Personal/Home Support worker will be compensated for travel time as follows:

a) Subject to (b) through (d) below, a HSW/PSW will be paid his or her regular rate for reasonable actual travel time between clients.

b) Regardless of an Employee's mode of transportation, "reasonable actual travel time" shall be as calculated by the Employer's electronic scheduling system, currently Gold care Google Maps.

c) For greater clarity, pay for travel time is payable only for time spent on travelling between clients. It is not payable for travel time between a HSW/PSW home and his or her first client of the day or between his or her last client of the day and home.

d) In order to be paid for travel time, a HSW/PSW shall confirm visits daily which will automatically submit travel time to payroll. . This process is in accordance with the Employer policy. (Call ahead policy and Blackberry.)

e) For greater clarity, a HSW/PSW is not entitled to any other compensation for time spent on travelling to and from client visits.

21

Page 24: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

I .

19.02 Employees will accumulate seniority and service for all hours paid as travel time.

(a) For greater clarity, pay for travel and travel time is payable only for KMs travelled and time spent on travelling between clients for hourly paid employees. It is not payable for hourly paid employees KMs or travel time between an employee's home and his or her first client of the day or between his or her last client of the day and home.

(b) In order to be paid for travel time, an employee shall submit such time to the Employer in accordance with the Employer's policy. Upon Employer's ability to use automation to calculate KMs traveled and therefore the subsequent travel time, this method will replace the employee submitting mileage and travel time logs or the use of telephony.

(c) For greater clarity, an employee is not entitled to any other compensation for time spent on travelling to and from client visits.

(d) At no time will hourly employees be double compensated for time. As an example, you will not be paid for a client visit and travel time during the same time period.

19.03 A RPN will be paid a travel stipend, where a mode of transportation is required, offive dollars and thirty cents ($5.30) per client visit which shall be deemed to be full compensation for all travel related expenses.

In order to be paid a travel stipend, an RPN shall confirm visits daily which will automatically submit travel time to payroll. This process is in accordance with the Employer policy. (Call ahead policy and Blackberry.)

ARTICLE 20 -JOB POSTINGS

20.01 Where the Employer determines that there is a vacancy for full-time or part-time positions in the bargaining unit, or there is a temporary vacancy for such a position that is expected to exceed a period of six (6) months.

Such notices shall remain in effect for a period of five (5) days before the job is filled and such notices shall include the qualifications, whether the positon is full-time or part-time, geographic area, classification rate and all other relevant conditions.

The Employer agrees to post the any position on the ParaMed intranet. Written Applications for the vacancy must be received by the Employer representative specified on the vacancy prior to the expiry date of the posting.

20.02 The Employer is free to temporarily fill a vacancy as it sees fit during the posting period and up to the time an appointment is made; and no grievance may be filed concerning such temporary arrangements until a selection has been made.

20.03 Where vacancies are posted and no applicants internally are successful in obtaining the positions, applications submitted for such posting from external applicants shall be considered. In the event one (1) or more employees apply, the Employer shall consider the qualifications, experience and

22

Page 25: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

I •

ability, past performance of the applicants. Where these factors are equal, the applicant with the greatest seniority shall fill the vacancy provided she can perform the work.

ARTICLE 21 - DURATION

21.01 This Agreement shall be in effect until March 31, 2018 and shall remain in effect from year to year thereafter unless either party gives the other party written notice of its desire to amend the · Agreement.

21.02 Notice that amendments are required may only be given within a period of ninety (90) days prior to the expiration date of this Agreement or to any anniversary of such expiration date.

Dated at IVo(ili ~ ( K this ;;{(o ~day of CMn.v<Nrq2o16.

FOR THE UNION FOR THE EMPLOYER

23

Page 26: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

I •

APPENDIX "A"

Letter of Understanding re: Government Funding for PSW's

The parties agree that the Government has funded an extra $1.50 to the straight time hourly rate for eligible CCAC and LHIN funded hours only in the HSW and PSW classifications.

In addition to applying to the straight-time hourly rate, this premium shall apply to E./. WSB, CPP, EHT, Employment Standards Statutory Holidays and 4% vacation pay.

It is understood and agreed that for all other wage related premiums or benefits enjoyed by employees, the wage rates in Schedule A of the collective agreement shall apply.

It is also understood and agreed that no additional payments will be made for private pay, non­CCAC and non-LHIN funded hours.

During the life of this collective agreement if the employer receives any additional funding greater than what is agreed to in schedule A from the government, CCAC or Local Health Integration Network that is specifically designated for the enhancement of wages, and/or benefits, or retention and/recruitment of staff the employer will notify the union and the parties will meet within 60 days.

Dated at fllo r/Jh io fk. this a 0~ day of c}(itxutwq2016.

FOR THE EMPLOYER

(

24

Page 27: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

APPENDIX "A"- Wages

l. Expired 01/04/14 01/04/15 01/10/15 01/04/16 01/10/16 01/04/17 Ol/10/17 Housekeeping Contract Services Lump 1.40% (Social Sum Services -No Wage 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% Designation Adjust required) ment .

$11.06 $11.06 $11.14 $11.25 $11.29 $11.37 $ll.45 $11.63

NOTE- Red Circle for some HSW's see Note below

2. Private Pay Expired 01/04/14 01/04/15 01/10/15 01/04/16 01/10/16 01/04/17 01/10/17 (Home Contract Support Lump 1.40% Services) Sum

Wage 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% Adjust ment

Private Care $12.22 $12.22 $12.31 $12.39 $12.48 $12.57 $12.65 $12.74

Shared Care $12.83 $12.83 $12.92 $13.01 $13.10 $13.19 $13.29 $13.38

Staffing Relief $13.55 $13.55 $13.64 $13.74 $13.84 $13.93 $14.03 $14.13

3.CCAC Expired 01/04/14 01/04/15 01/10115 01/04/16 01/10/16 01/04/17 01/10/17 Funded Contract Personal Home Support' Wage 1.00% 1.00% 1.00% 1.00% 1.00% 1.00%

Adjust rnent

$14.04 $14.04 $14.18 $14.32 $14.47 $14.61 $14.76 $14.90

With respect to the April!, 2015 to March 30,2016 year, any additional Ministry funding will be added to employee's base rate of pay to bring qualified staff providing personal support service for CCAC funded clients to the new mandated minimum wage of$15.54 an hour for all direct care hours. With respect to the April I, 2016 to March 30, 2017 year, any additional Ministry funding will be added to employee's base rate of pay to bring qualified staff providing personal support service for CCAC funded clients to the new mandated minimum wage of $16.54 an hour for all direct care hours.

4.RPN Expired 01/04/14 01/04/15 01/10/15 01/04/16 01/10/16 01/04/17 01/10/17 Wages Contract

Lump 1.40% Sum Wage 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% Adjust ment

RPN -CCAC Start $18.92 $18.92 $19.05 $19.19 $19.32 $19.46 $19.59 $19.73 General 4,500 $19.70 $19.70 $19.84 $19.98 $20.12 $20.26 $20.40 $20.54

Hrs 9,000 $19.97 $19.97 $20.ll $20.25 $20.39 $20.54 $20.68 $20.82 Hrs 13,500 $20.49 $20.49 $20.63 $20.78 $20.92 $21.07 $21.22 $21.37 Hrs

- - - ----------

25

Page 28: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

RPN -CCAC Start $20.23 $20.23 $20.37 $20.51 $20.66 $20.80 $20.95 $21.09 Child& 4,500 $20.49 $20.49 $20.63 $20.78 $20.92 $21.07 $21.22 $21.37 Family Hrs

9,000 $21.01 $21.01 $21.16 $21.31 $21.45 $21.60 $21.76 $21.91 Hrs 13,500 $21.54 $21.54 $21.69 $21.84 $22.00 $22.15 $22.30 $22.46 Hrs

RPN-CCAC Start $21.58 $21.58 $21.73 $21.88 $22.D4 $22.19 $22.35 $22.50 Palliative 4,500 $21.58 $21.58 $21.73 $21.88 $22.04 $22.19 $22.35 $22.50

Hrs 9,000 $21.58 $21.58 $21.73 $21.88 $22.04 $22.19 $22.35 $22.50 Hrs 13,500 $21.58 $21.58 $21.73 $21.88 $22.04 $22.19 $22.35 $22.50 Hrs

RPN -CCAC Start $19.97 $19.97 $20.11 $20.25 $20.39 $20.54 $20.68 $20.82 Complex 4,500 $21.01 $21.01 $21.16 $21.31 $21.45 $21.60 $21.76 $21.91

Hrs 9,000 $22.53 $22.53 $22.69 $22.85 $23.01 $23.17 $23.33 $23.49 Hrs 13,500 $23.63 $23.63 $23.80 $23.96 $24.13 $24.30 $24.47 $24.64 Hrs

RPN- in All $23.06 $23.06 $23.22 $23.38 $23.55 $23.71 $23.88 .$24.05 Service and Levels Staff meetings (rates are inclusive of travel stipend) The Employer, at its sole discretion, may place a new employee on any level of the grid. The parties acknowledge that such decisions are not subject to grievance. These employees must therefore work the necessary cumulative hours/visits to move to the next level of the grid. All wage adjustments and/or increases above are inclusive of any obligations the Employer may have under the Ontario Pay Equity Act.

I I I Night Effective April I, 2016, employees providing direct care funded through the CCAC between 10:00 pm and 6:00am Premium: will receive 50¢ per hour Monday through Thursday.

I Weekend Effective April I, 2016, employees providing direct care funded through the CCAC between I 0:00 pm Friday and 6:00 Premium: am Monday will receive 50¢ per hour.

I I RPN Night & Weekend Premium: Weekend (hours worked between 0001 hour Saturday to 0001 hour Monday) $0.50 Evenings ( hours worked between 1800 hour to 0600 hour) $0.50

I I I I I I I I Lump Sum A lurop sum payment is payable to all employees on staff as of the date of ratification. The payment is not to be taken Payments: into account for the calculation of any other entitlement under the terms of the collective agreement. The payment is

subject to statutory deductions. This payment of 1.4% of the straight time hourly rate per hour is paid for the period April I, 2013- March 31,2014. The premium portion of overtime/premium pay hours does not count towards the calculation of paid hours. For example, one hour at premium pay is equal to one hour paid for the purposes of this calculation. Payment will be made on a separate cheque within two (2) pay periods of the date of ratification.

Group Benefit Adjustments: Effective Apri11, 2016

26

Page 29: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

,., •.

General Information

APPENDIX "8" Benefit Banking Rules

J&D Benefits Inc. will keep an account for each employee called a Benefit Bank Account (BBA). This account will track the hours you work towards eligibility for group benefits. Each hour that you work for ParaMed Home Health will generate a deposit of one credit into the account. If you are full-time and have completed your probationary period and have enough credits in the account, you will become eligible to join the group benefit plan.

Each month that you are on the benefit plan the credits required to provide one month of coverage will be deducted from your BBA. ·

This plan design will provide you with greater security as it allows for fluctuations in hours worked that can be caused by several sources (i.e. loss of a client, vacation, illness). By using this format we hope to increase your understanding of the benefits program and provide continuity of coverage for our committed staff.

Eligibility

Full-time employees will become eligible for benefits on the first day of the second month following the period in which they have completed their probationary period of 480 hours, 3 months of employment with at least 390 total credits for the 3 consecutive months. During the qualifying period if the employee does not qualify the credits from the oldest period are forfeited.

Example: #of Pay Period Total Benefits Hours January I Februarv I March Credits EliQible Worked 130 1135 I 140 400 Mav 1

A letter, along with an enrolment form and a benefit booklet would be sent to the employee in mid April notifying them that they will be eligible for benefits, and 110 credits would be withdrawn from the account effective May 161

The member will be added for basic life and accidental death and dismemberment coverage with single health, dental and critical condition benefits. Once the enrolment form is received health and dental coverage will be changed to family coverage or waived if applicable. It is very important that the enrolment is returned as soon as possible. If the enrolment form is not received by the end of the month in which coverage is effective the insurance company will require medical confirmation of good health for the dependents before they can be added to your benefit plan, and may decline them for all benefit coverage.

Benefit Bank Account Maximum

The maximum number of credits that can be contributed in any month to the benefit account is 175; any credits above the maximum are forfeited. The total balance in your BBA may never exceed 400 credits; any credits above the maximum are forfeited.

How to Keep Your Coverage

Each pay period you will receive a credit in your BBA equal to the number of hours that you have worked. It "costs" you 110 credits each month to keep your benefits. If your account falls below 110 credits, J&D Benefits will send you a notice of termination and benefits will cease until you re-qualify under the eligibility requirements. All credits (if any) in the bank will be forfeited.

27

Page 30: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

,,

. ,,

Example: An employee had 190 credits in the bank March 31 5t. On April 1st 110 would be withdrawn for coverage, leaving 80 in the bank. J&D would send a notice the employee and benefits would cease April 30th The employee would then have to re-satisfy the eligibility requirements. Minimum bank contribution is 65 credits per month -anyone, whether active on the plan or not, with fewer than 65 credits for a month will forfeit all credits attributable to that period.

Termination of benefits

Benefits will be terminated based on any of the contract provisions which are outlined in your group insurance benefit booklet or on the last day of the month in which you have less than the credit amount in you BBA required to provide one month of coverage, whichever is earlier.

Occupational Injury

If you are disabled as a result of an "on the job accident" and are accepted by your local workers compensation board for benefits, ParaMedwill contribute 110 credits per month. Contributions from ParaMedwill be made until your workers compensation benefits cease or for a maximum of twelve months from the date of injury, whichever occurs first. Please note that you will be required to continue your portion of the contributions to the benefit via post-dated cheques to ParaMed Home Health Care. Failure to continue your contributions will result in the benefit terminating. The credits you receive while on WSIB will count only toward extending your coverage if you are already on the benefit plan, and cannot be used to become eligible if you aren't already covered.

Not Actively at Work Employees

If you are on an approved leave (maternity leave, paternity leave, sick leave or other approved leave of absence), ParaMed will contribute 110 credits per month. Contributions from ParaMedwill be made until the end of your approval date or your return to active employment, or for a maximum of twelve months from the date last worked, whichever occurs first.

Please note that you will be required to continue your portion of the contributions to the benefit via post-dated cheques to ParaMed Home Health Care. Failure to continue your contributions will result in the benefit terminating. The credits you receive will count only toward extending your coverage. You can't use them to become eligible if you aren't already covered.

Additional Information

J&D Benefits Inc. is our benefit plan administrator. If you require any additional information you may contact:

Helen LeClaire J&D Benefits Inc.

8901 Woodbine Avenue, Suite 228 Markham, ON L3R 9Y4

Tel: (905) 477-7088 extension 2229 Toll Free 1-800-218-7018

Fax: (905) 477-2249

28

Page 31: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

' ~

Appendix C Benefit Coverage and Premium Costs

Appendix "C"

PLAN FOR RHH TORONTO Effective April 1, 2016

Full time staff only

WAITING PERIOD Benefit Banking Rules- 1st of second month following completion of 3 months service with 390 credits accumulated in this 3 month period.

ELIGIBILITY Fulltime staff after completion of probaition may apply. Benefit banking system used to determine eligibility status. Need 390 credits to qualify,

where 1 hour worked equals 1 credit. Bank charged 110 credits for each month of coverage. If credits in bank fall below 110, then benefits

are terminated. Employee must work at least 65 hours in a month to count those as credits.

TREATMENT OF LEAVE Pregnancy/Parental leave - continuation of benefits for leave to a maximum of 12 months. WSIBNVCB/CSST- continuation of benefits for up to 12 months. Employee is required to make payment for their

portion of cost. Other approved medical leave - benefits terminate with 1

expiration of benefit banking credits. I

TERMINATION OF Eligibility for benefits will cease at the earlier of retirement or age 65 COVERAGE

BASIC LIFE INSURANCE 100% Employer Paid

Coverage $50,000

ACCIDENTAL DEATH 1 00% Employer Paid AND DISMEMBERMENT

Coverage $50,000 I

DEPENDENT LIFE 1 00% Employer Paid I

Benefit Amount $5,000/2,500 .

OPTIONAL LIFE 100% Employee Paid (EMPLOYEE)

Coverage Units of $10,000 Maximum $250,000

OPTIONAL LIFE 100% Employee Paid (SPOUSE)

Coverage Units of $10,000 Maximum . $250,000

EXTENDED HEALTH 90% Employer Paid CARE

Deductible no deductible Reimbursement 80%

.

Vision Care incl. laser $100 every 24 months vision correction

Eye Examinations not included Hospital not included

29

Page 32: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

l~ J ' .,

Drugs -Drug Card pay direct drug card

- Capped Dispensing Fee employee pays dispensing fee -Deductible dispensing fee

- Reimbursement 80% - Annual Drug Maximum $10,000

- Generic Provision mandatory generic drug substitution Private Duty Nursing $10,000 per year

Paramedical Practitioners $350 per practitioner per year: chiropractor, podiatrist, massage therapist, naturopath, osteopath, physiotherapist, speech therapist,

psychologist Psychologist (incl. above)

Orthopaedic Shoes or Combined $400 annual maximum with orthotics Boots

Custom-Molded Orthotics Hearing Aids $300/5 years Ambulance included

Medical Equipment & included Supplies .

DENTAL 90% Employer Paid Basic Services 80% reimbursement Major Services n/a Orthodontics n/a Deductible none Maximums $1,000 per year

Orthodontic Age Restriction n/a Fee Schedule Fee schedule c 1 year lag

Recall Frequency 9 months for adults, 6 months for children BLUE CROSS LIFE LINK Mandatory

Critical Illness 100% employee paid $50,000 ee

$10,0000 spouse I $5,000 child - --- -

30

Page 33: Unit #285 & 33 COLLECTIVE AGREEMENT...ParaMed Home Health Care In the City of Toronto And the Region of York (the Employer) And SEIU Healthcare SEIU Local One Canada (the Union) Effective;

6u!ddeV1J speno O\UOJO.L

.. ,$t\l