VON St. John's 2013

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COLLECTIVE AGREEMENT

BETWEEN

VICTORIAN ORDER OF NURSESST. JOHN’S, NEWFOUNDLAND, BRANCH

AND

NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND

PRIVATE EMPLOYEES

January 1, 2011 to December 31, 2013

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This Agreement made this day of July, 2011.

BETWEEN:

The Victorian Order of Nurses (V.O.N.), St. John's Branch

of the one part;

AND

The Newfoundland and Labrador Association of Public and Private Employees, a bodycorporate organized and existing under the laws of the Province of Newfoundland andhaving its Registered Offices in the City of St. John's aforesaid (hereinafter referred to asthe Association).

of the other part;

This Agreement witness that for and in consideration of the premises and covenants,conditions, stipulations and provisos herein contained, the parties hereto agree as follows:

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TABLE OF CONTENTS

ARTICLE 1 PREAMBLE ............................................................................................................ 1ARTICLE 2 MANAGEMENT RIGHTS ....................................................................................... 1ARTICLE 3 DEFINITIONS ......................................................................................................... 1ARTICLE 4 RECOGNITION ...................................................................................................... 4ARTICLE 5 UNION SECURITY ................................................................................................. 6ARTICLE 6 CHECKOFF ............................................................................................................ 6ARTICLE 7 CORRESPONDENCE ............................................................................................ 7ARTICLE 8 GRIEVANCE PROCEDURE .................................................................................. 7ARTICLE 9 ARBITRATION ........................................................................................................ 9ARTICLE 10 LABOUR MANAGEMENT COMMITTEE .............................................................. 11ARTICLE 11 ABSENCE FROM WORK DUE TO WEATHER CONDITIONS ........................... 12ARTICLE 12 PROBATION, DISCHARGE, SUSPENSION AND DISCIPLINE .......................... 13ARTICLE 13 SENIORITY ............................................................................................................ 15ARTICLE 14 PROMOTIONS AND STAFF CHANGES .............................................................. 16

ARTICLE 15 LAYOFF AND RECALL ......................................................................................... 18ARTICLE 16 HOURS OF WORK AND WORK SCHEDULE ..................................................... 18ARTICLE 17 OVERTIME ............................................................................................................ 19ARTICLE 18 HOLIDAYS ............................................................................................................. 21ARTICLE 19 ANNUAL LEAVE .................................................................................................... 22ARTICLE 20 SICK LEAVE .......................................................................................................... 23ARTICLE 21 LEAVE OF ABSENCE ........................................................................................... 25ARTICLE 22 PAYMENT OF WAGES AND ALLOWANCES ..................................................... 30ARTICLE 23 PERSONAL LOSS................................................................................................. 30ARTICLE 24 STRIKES AND LOCKOUTS .................................................................................. 31ARTICLE 25 TERMINATION OF EMPLOYMENT ..................................................................... 31ARTICLE 26 EMPLOYEE BENEFITS ........................................................................................ 31

ARTICLE 27 SEVERANCE PAY ................................................................................................ 32ARTICLE 28 TECHNOLOGICAL CHANGE ............................................................................... 33ARTICLE 29 EFFECT OF LEGISLATION .................................................................................. 34ARTICLE 30 CONTRACTING OUT ............................................................................................ 34ARTICLE 31 AMENDMENT BY MUTUAL CONSENT ............................................................... 34ARTICLE 32 TRAVEL ON EMPLOYER'S BUSINESS ............................................................... 34ARTICLE 33 SALARIES ............................................................................................................. 35ARTICLE 34 FAMILY LEAVE ..................................................................................................... 35ARTICLE 35 DURATION ............................................................................................................ 36SCHEDULE "A" - WAGES ............................................................................................................ 38

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ARTICLE 1 PREAMBLE

1:01 The purpose of this Agreement is to maintain harmonious and mutually

beneficial relationships between the Employer, the employees and the Unionand to set forth certain terms and conditions of employment relating toremuneration, hours of work, safety, employee benefits and general workingconditions affecting employees covered by this Agreement.

1:02 In the event that there is a conflict between the context of this Agreementand any regulations or policies made by the Employer subject to Clause2:01, this Agreement shall take precedence over the said regulations orpolicy.

ARTICLE 2 MANAGEMENT RIGHTS

2:01 The Union recognizes and agrees that all the rights, powers and authorityboth to operate and manage the function of the Victorian Order of Nurses,St. John's Branch, and to direct the working forces is vested exclusively withthe Employer except as specifically abridged or modified by the expressprovisions of this Agreement.

Should a question arise as to the exercise of management's rights being inconflict with the specific provisions of this Agreement, failing agreement bythe parties, the matter shall be determined by the Grievance and Arbitration

Procedures.

ARTICLE 3 DEFINITIONS

3:01 For the purpose of these conditions:

(a) "Classification" means the identification of a position by reference to aclass title and pay.

(b) "Day of rest" means a day on which the employee is not ordinarily

required to perform the duties of his/her position other than:

(i) a designated holiday;

(ii) a calendar day on which the employee is on leave of absence.

(c) "Day" means a working day unless otherwise noted in this Agreement.

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(d) "Demotion" means an action which causes the movement of anemployee from his/her existing classification to a classificationcarrying lower pay.

(e) "Employee" or "employees" means any person employed in a positionwhich falls within the bargaining unit.

(f) "Employer" means the Victorian Order of Nurses, St. John's,Newfoundland Branch.

(g) "Holiday" means the twenty-four (24) hour period commencing at0001 hours on a calendar day designated as a holiday in thisAgreement.

(h) "Layoff" means the termination of employment of an employeebecause of lack of work or because of the abolition of a post, butretaining all recall rights in accordance with Article 15.

(i) "Leave of absence" means absence from duty with the permission ofthe Employer.

(j) "Month of service" means a calendar month in which an employee isin receipt of full salary or wages in respect of the prescribed numberof working hours in each working day in the month and includes acalendar month in which an employee is absent on special leave

without pay not in excess of twenty (20) working days.

(k) "Notice" means notice in writing which is hand delivered or deliveredby registered mail.

(l) "Overtime" means:

(i) Full time employees - work performed by an employee inexcess of his/her scheduled work day or work week.

(ii) Part-time employees - all time worked by a part-time employee

in excess of equivalent full time hours on a daily or weeklybasis shall be considered overtime.

(m) "Part-time employee" means a person who is regularly employed towork less than the full number of working hours in each working dayor less than the full number of working days in each work week.

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(n) "Permanent employee" means a person who has completed his/herprobationary period and is employed on a full time basis withoutreference to any specific date of termination of service.

(o) "Probationary employee" means a person who is employed on a fulltime basis but who has worked less than the prescribed probationaryperiod.

(p) "Probationary period" - the probationary period shall be 412.50 hours.The probationary period for part-time and temporary employees shall

be equivalent to that of a full time employee either in working hours ordays, whichever is appropriate. A temporary employee shall beallowed to accumulate periods of employment in order to completehis/her probationary period of 412.50 hours. If an employee has not

completed 412.50 hours work during this period, his/her probationaryperiod may be extended until he/she actually completes 412.50 hoursof work. For the purpose of this Clause, time off with pay, approvedby the Employer, shall be considered as time worked. The effectivedate of this Clause for temporary employees shall be May 14, 1987.

"Probationary period" - the probationary period shall be 412.50 hours.The probationary period for part-time and temporary employees shall

be equivalent to that of a full time employee either in working hours ordays, whichever is appropriate. A temporary employee shall beallowed to accumulate periods of employment in order to complete

his/her probationary period of 412.50 hours. If an employee has notcompleted 412.50 hours work during this period, his/her probationaryperiod may be extended until he/she actually completes 412.50 hoursof work. For the purpose of this Clause, time off with pay, approvedby the Employer, shall be considered as time worked.

(q) "Promotion" means an action which causes the movement of anemployee from his/her existing classification to a classification havinghigher pay range.

(r) "Reclassification" means any change in the current classification of an

existing position.

(s) "Schedule" means in writing and posted in an accessible place to allemployees.

(t) "Standby" means any period of time during which an employee isrequired to be available for recall to work.

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(u) A “Temporary employee@ means a person who is employed on a fulltime basis for a specific period or for the purpose of performingspecific work and who may be laid off at the end of such period orfollowing the completion of such work. Such employees will be giventhe date of layoff in writing and if any extension is necessary, the new

layoff date will also be in writing.

(v) "Week" means a period of seven (7) consecutive days beginning at0001 hour Monday morning and ending at 2400 hours on thefollowing Sunday night.

(w) "Year" means a fiscal year - April 1 to March 31.

(x) "Vacancy" means an opening which is either permanent, part-time orof a temporary nature for more than sixteen (16) weeks.

ARTICLE 4 RECOGNITION

4:01 The Employer recognizes the Union as the sole and exclusive bargainingagent for all classes of employees listed in Schedule "A".

4:02 Work of the Bargaining Unit

The parties to this Agreement agree and recognize that persons other thanemployees of the bargaining unit are involved or participate in the variousprograms, activities, and projects involving the V.O.N. Such persons may

assist the employees in carrying out their normal duties or they maysupplement programs being carried out by the employees. The Employeragrees that there will be no reduction of the normal hours of work or pay ofany employee because of the use of volunteers or other such persons.

4:03 No Other Agreements

No employee shall be required or permitted to make a written or verbalagreement with the Employer or his/her representative which may conflictwith the terms of this Agreement.

4:04 Employer Shall Not Discriminate

The Employer agrees that there shall be no discrimination with respect toany employee in the matter of hiring, wage rates, training, upgrading,promotion, transfer, layoff, recall, discipline, classification, discharge,assignment of work or otherwise by reason of age, race, creed, colour,national origin, political or religious affiliation, sex or marital status, nor byreason of his/her membership or activity in the Union.

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4:05 Shop Steward

In the interest of maintaining a harmonious relationship between theEmployer, its employees and the Union, both parties to this Agreement

recognize the value and rights of the Shop Steward and Localrepresentatives. By investigating complaints of an urgent nature, preparingand presenting grievances on behalf of employees, carrying out assignedsafety committee responsibilities and attending management meetings whenrequested, it is hoped that the Shop Steward will encourage and protect aproper Employer/employee relationship in the workplace.

4:06 Bulletin Boards

The Employer shall provide bulletin board facilities for the exclusive use ofthe Union, the sites to be determined by mutual agreement. The use of such

bulletin board facilities shall be restricted to the business affairs of the Union.

4:07 Union Access

(a) Employees shall have the right at any time to have the assistance of afull time representative of the Union on all matters relating toEmployer/employee relationships. Union representative(s) shall haveaccess to the Employer's premises in order to provide the requiredassistance. Employees involved in such discussions or investigationof grievances shall not absent themselves from work except withpermission from their Supervisor, and such permission will not beunreasonably withheld.

(b) Permission to hold meetings on the premises shall, in each case, beobtained from the Employer and such meetings shall not interfere withthe operations of the Employer.

4:08 New Positions

When new classifications are developed, the Employer agrees to consultwith the Union as to whether such classifications shall be included in thebargaining unit. Should the parties be unable to agree, the matter shall bereferred to the Labour Relations Board for adjudication.

4:09 Employee Rights

Notwithstanding anything contained in the Agreement, an employee maypresent a personal complaint to his/her Employer.

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ARTICLE 5 UNION SECURITY

5:01 All employees within the bargaining unit shall become and remain membersin good standing of the Union as a condition of employment. Any newemployees within the scope of the bargaining unit shall, as a condition of

employment, become members in good standing upon commencement oftheir employment.

5:02 Such employees will be advised that the Employer will not recognize anywithdrawal of membership after being hired.

5:03 Upon employment an employee will be provided with information concerning:

(a) duties and responsibilities;

(b) starting salary and classification;

(c) terms and conditions of employment; and

where copies of the Collective Agreement have been provided to theEmployer by the Union, the employee will receive a copy.

5:04 Where a Shop Steward is available, the employee will be introduced tohim/her as soon as possible.

5:05 Acquaint New Employees

The Employer agrees to acquaint new employees with the fact that a Unionagreement is in effect, and with the conditions of employment set out in theArticles dealing with Union Security and Dues Checkoff.

5:06 Interviewing Opportunity

A representative of the Union shall be given an opportunity to interview eachnew employee within regular working hours without loss of pay for amaximum of thirty (30) minutes during the first month of employment for thepurpose of acquainting each new employee with the benefits andresponsibilities of Union membership.

ARTICLE 6 CHECKOFF

6:01 The Employer shall deduct from the salary or wages of all employees withinthe bargaining unit the amount of membership dues and Local fees andforward same monthly to the Union accompanied by a list of employeesshowing:

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(a) the contribution of each;

(b) the employee's full name and classification and social insurance

number;

(c) changes from previous list, e.g., additions, deletions, employeestatus, layoff, resigned, promoted outside the bargaining unit, etc.

6:02 T-4 Slips

The Employer agrees that when issuing T-4 slips, the amount of membershipdues paid by an employee to the Union during the previous taxation year willbe recorded on his/her T-4 statement.

6:03 The Union shall inform the Employer in writing of all authorized deductions tobe made.

ARTICLE 7 CORRESPONDENCE

7:01 All correspondence between the parties arising out of this Agreement orincidental thereto shall pass to and from the Employer and the President ofthe Union and a copy to the Local representative.

ARTICLE 8 GRIEVANCE PROCEDURE

8:01 Definition of Grievance

A grievance shall be defined as a dispute arising out of the interpretation,application or alleged violation of the Collective Agreement.

8:02 Prompt Procedure

In order to provide an orderly and speedy procedure for the settling ofgrievances, the Employer acknowledges the rights and duties of the Union

Steward to assist any employee in preparing and presenting his/hergrievance in accordance with the Grievance Procedure.

8:03 Shop Steward

The Employer acknowledges the right of the Union to appoint or elect one (1)Shop Steward.

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8:04 Names of Steward

The Union shall notify the Employer in writing of the name of the Stewardbefore the Employer shall be required to recognize him/her.

8:05 Processing of Grievances

The Shop Steward shall suffer no loss of pay for the time spent processinggrievances or attending meetings with the Employer's representative or whileattending arbitration hearings.

8:06 Permission to Leave Work

It is agreed that the Shop Steward will not absent himself/herself from his/herwork location for the purpose of handling grievances without first obtainingpermission of the Shop Steward's Supervisor and that permission will not be

unreasonably withheld.

8:07 Settling of Grievances

An earnest effort shall be made to settle grievances fairly and promptly in thefollowing manner.

Step I

The aggrieved employee shall, within ten (10) calendar days after becomingaware of the occurrence of the grievance, submit his/her grievance to theShop Steward.

Step 2

If the Steward considers the grievance to be justified, the employeeconcerned, together with his/her Shop Steward, may within ten (10) calendardays following receipt of the grievance, submit his/her grievance in writing tothe Employer and an earnest effort shall be made by all parties to settle thegrievance at Step 2. The Employer's decision shall be given to the ShopSteward in writing within ten (10) calendar days of the receipt of thegrievance.

Step 3

Failing settlement being reached in Step 2, either party may refer the disputeto arbitration within fifteen (15) calendar days of the Employer's decision inStep 2.

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8:08 Policy Grievance

Where a dispute arises involving a question of general application orinterpretation of this Agreement, the Union may initiate a grievance and shallcommence at Step 2.

8:09 Union May Originate Grievance

The Union and its representatives shall have the right to originate agrievance on behalf of an employee or group of employees and to seekadjustment with the Employer in the manner provided in the GrievanceProcedure. Such a grievance shall commence at Step 2.

8:10 Replies in Writing

Replies to grievances stating reasons shall be in writing at all Steps, except

Step 1.

8:11 Facilities for Grievance Meetings

The Employer shall supply the necessary facilities for the grievance meeting.

8.12 Mutually Agreed Changes

Any mutually agreed changes to this Collective Agreement shall form partof this Collective Agreement and are subject to the Grievance andArbitration Procedures.

8:13 Technical Objections to Grievances

No grievance shall be defeated or denied by a technical objectionoccasioned by a clerical, typographical, or similar technical error, or by theinadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION

9:01 Composition of Board of Arbitration

When either party requests that a grievance be submitted to arbitration, therequest shall be made by registered mail addressed to the other party of theAgreement, indicating the name of its nominee on an Arbitration Board.Within fifteen (15) calendar days thereafter, the other party shall answer byregistered mail indicating the name and address of its nominee to theArbitration Board. The two (2) nominees shall then meet to select animpartial Chairperson.

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9:02 Failure to Appoint

If the party receiving the notice fails to appoint a nominee or if the two (2)nominees fail to agree upon a Chairperson within fourteen (14) calendardays of their appointment, the appointment shall be made by the Minister of

Employment and Labour Relations upon the request of either party.

9:03 Board Procedure

The Board shall determine its own procedure, but shall give full opportunityto all parties to present evidence and make representations. In its attemptsat justice, the Board shall, as much as possible, follow a layperson'sprocedure and shall avoid legalistic or formal procedure. It shall hear anddetermine the difference or allegation and render a decision within thirty (30)calendar days from the arbitration hearing.

9:04 Decision of the Board

The decision of the majority shall be the decision of the Board. Where thereis no majority decision, the decision of the Chairperson shall be the decisionof the Board. The decision of the Board of Arbitration shall be final, bindingand enforceable on all parties and may not be changed. The Board ofArbitration shall not have the power to change this Agreement or to alter,modify or amend any of its provisions. However, the Board shall have thepower to dispose of a grievance by any arrangement which it deems just andequitable.

9:05 Disagreement of Decision

Should the parties disagree as to the meaning of the Board's decision, eitherparty may apply to the Chairperson of the Board of Arbitration to reconvenethe Board to clarify the decision, which it shall do within seven (7) calendardays.

9:06 Expenses of the Board

Each party shall pay:

(a) the fees and expenses of the nominee it appoints;

(b) one-half (1/2) of the fees and expenses of the Chairperson.

9:07 Amending of Time Limits

The time limits fixed in both Grievance and Arbitration Procedures may beextended by mutual agreement between the parties.

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9:08 Witnesses

At any stage of the Grievance or Arbitration Procedure, the parties shall havethe assistance of any employee(s) concerned as witnesses and any otherwitnesses.

9:09 Single Arbitrator

The parties may mutually agree to the substitution of a single Arbitrator foran Arbitration Board in which event, the foregoing provisions of Clauses9:03, 9:04, 9:05, 9:06 (b), 9:07, and 9:08 and the provisions of Clause 12:02shall apply equally to a single Arbitrator where reference is made to anArbitration Board.

9:10 Conflict of Interest

No person:

(a) who has pecuniary interest in the matters referred to the ArbitrationBoard; or

(b) who is acting or has, within a period of six (6) months preceding thedate of his/her appointment acted in the capacity of solicitor, legaladvisor, counsel or paid agent of either of the parties;

shall be appointed to or act as a member of an Arbitration Board.

ARTICLE 10 LABOUR MANAGEMENT COMMITTEE

10:01 Establishment of CommitteeA Labour Management Committee shall be established consisting of one (1)representative of the Union and one (1) representative of the Employer. TheEmployer shall be duly notified in writing as to the name of the Unionrepresentative selected.

10:02 Function of Committee

The Committee shall concern itself with the following general matters:

(a) promoting safety and sanitary practices;

(b) reviewing suggestions from employees, questions of workingconditions and service (but not grievances concerned with service);and

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(c) other problems and matters of mutual interest which affect therelationship which are not properly the subject matter of a grievanceor negotiations.

10:03 Meetings of Committee

The Committee shall meet at least once each month at a mutually agreeabletime and place. The monthly meeting may be cancelled or rescheduled bymutual consent. The employee shall not suffer any loss of pay for time spentwith this Committee.

10:04 Chairperson of the Meeting

The meetings of the Committee shall be chaired alternately by the

Employer's representative and the Union's representative on a yearly basis.

10:05 Minutes of Meetings

Minutes of each meeting of the Committee shall be prepared and signed bythe Chairperson as promptly as possible after the close of the meeting. Eachmember shall receive a copy of the Minutes within three (3) days followingthe meeting.

10:06 Jurisdiction of Committee

The Committee shall not supersede the activities of any other Committeeof the Union or of the Employer and does not have the power to bindeither the Union or its members or the Employer to any decisions orconclusions reached in its discussions. The Committee shall have thepower to make recommendations to the Union and the Employer withrespect to its discussions and conclusions.

ARTICLE 11 ABSENCE FROM WORK DUE TO WEATHER CONDITIONS

11:01 Adverse Weather Conditions

The following provisions shall apply to employees during adverse weatherconditions necessitating a state of emergency declared by either theEmployer or the appropriate Provincial or Municipal authority:

(a) All employees are due to report to work as scheduled.

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(b) When an employee, through no fault of his/her own is unable to reportto work due to a declared state of emergency, such employees shallsuffer no loss of pay or other benefits nor shall he/she be required to

make up, in any way, for time lost due to not reporting for work.

(c) Notwithstanding Clause 11:01 (a) above, the Employer reserves theright to close down or reduce staffing levels in any work area(s) inwhich event employees so affected will not be required to report forduty and shall be paid in accordance with terms of Clause 11:01 (b)above.

(d) An employee who is required to work during a state of emergencyshall be paid at the rate of time and one-half (1 1/2) for all hoursworked.

(e) For the purpose of this Article, the Employer is defined as theExecutive Director or his/her designated representative.

ARTICLE 12 PROBATION, DISCHARGE, SUSPENSION AND DISCIPLINE

12:01 (a) Probationary Period

The probationary period shall be 412.50 hours for all employees.

(b) Discharge Procedure

An employee who has completed his/her probationary period may bedismissed, but only for just cause. When an employee is discharged,suspended or reprimanded, such employee shall be advised withinseven (7) calendar days in writing by the Employer of the reason forsuch discharge, suspension or reprimand. If such procedure is notfollowed, then such action shall be deemed null and void.

(c) Termination of Probationary Employees

The termination of probationary employees for reasons of unsuitabilityor incompetence, as assessed by the Employer, is not subject to theGrievance or Arbitration Procedure.

12:02 Unjust Suspension or Discharge

Should it be found upon investigation that an employee has been unjustlysuspended or discharged, the employee shall be immediately reinstated in

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his/her former position without loss of seniority and shall be compensated forall time lost in an amount equal to his/her normal earnings during the payperiod next preceding such discharge or suspension, or by any otherarrangement as to compensation which is just and equitable in the opinion ofthe parties or in the opinion of a Board of Arbitration, if the matter is referred

to such a Board.

12:03 Warnings

Whenever the Employer deems it necessary to censure an employee in amanner indicating that dismissal may follow any further infraction or mayfollow if such employee fails to bring his/her work up to a required standardby a given date, the Employer shall, within five (5) days of the incident, givewritten particulars of such censure to the employee involved. If thisprocedure is not followed, such written censure shall not become part ofhis/her record for use against him/her at any time.

12:04 Adverse Report

The Employer shall notify an employee in writing of any dissatisfactionconcerning his/her work within five (5) working days of the Employer'sbecoming aware of the event of the complaint. This notification shall includeparticulars of work performance which led to such dissatisfaction. If thisprocedure is not followed, such expression of dissatisfaction shall notbecome part of his/her record for use against him/her at any time. Theemployee's written reply to such notification of dissatisfaction shall becomepart of his/her record.

Any reprimand or warning given in writing and becoming part of anyemployee's personal file shall be removed and destroyed after twelve (12)months have elapsed.

12:05 Personal Files

There shall be one (1) official personal file which shall contain all adversereports and records of disciplinary action, and this file shall be maintained atthe V.O.N. Office, St. John's. An employee shall, at any reasonable time, beallowed to inspect his/her personal file and may be accompanied by arepresentative of the Union.

12:06 Access to the Grievance Procedure

Subject to Clause 12:01 (c), all dismissals, suspensions, and otherdisciplinary action shall be subject to the Grievance Procedure as outlined inArticle 8.

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ARTICLE 13 SENIORITY

13:01 Seniority Defined

Subject to Clause 13:03, seniority is defined as the length of service(excluding overtime) with the Employer in a bargaining unit position andsubject to the provisions of Clauses 13:04, 21:04 and 21:10 or any otherappropriate Article shall date from the last entry into employment with theEmployer. Seniority shall operate on a bargaining unit wide basis.

13:02 Seniority Lists

The Employer shall maintain a seniority list showing the classification of eachemployee, the date upon which the employee's service commenced and the

employee's total seniority. An up-to-date seniority list shall be sent to theUnion and delivered to each employee in January of each year.

13:03 Probation for Newly Hired Employees

Newly hired employee(s) shall be on a probationary basis for a period asindicated in Clause 12:01 (a) and subject to Clause 12:01 (c) shall be entitledto all rights and benefits of this Agreement. After completion of theprobationary period, seniority shall be effective from the original date ofemployment.

13:04 Loss of Seniority

An employee shall lose his/her seniority in the event that:

(a) he/she is discharged for just cause and is not reinstated;

(b) he/she resigns in writing;

(c) he/she is absent from work in excess of five (5) working days withoutthe approval of the Employer or without sufficient cause;

(d) he/she is a permanent employee on layoff and who fails to return towork within fourteen (14) calendar days following notice of recall byregistered mail for permanent employment at the same V.O.N. levelor higher and with the same hours of work, provided he/she isqualified, unless he/she cannot return because of sickness or other

just cause. Also upon receipt of notice of recall for permanentemployment, if the permanent employee fails to notify the Employer ofhis/her intentions within two (2) calendar days excluding weekends

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and holidays. It is the responsibility of the employee to keep theEmployer informed of his/her current address. A permanentemployee recalled for casual work or employment of a short durationat a time when he/she is employed elsewhere shall not lose his/herrecall rights for refusal to return to work. Upon receipt of notice of

recall, the employee shall, within two (2) days excluding weekendsand statutory holidays, notify the Employer of his/her intentions.

(e) he/she is laid off for a period longer than two (2) years;

(f) employees shall have the right to refuse recall into a lower payingposition or the position with less hours than his/her own without lossof seniority.

(g) temporary employees refusing recall into a position on the same paylevel or higher pay level if the employee is qualified unless through

sickness or other just cause.

13:05 Transfer and Seniority Outside the Bargaining Unit

No employee shall be transferred to a position outside the bargaining unitwithout his/her consent. If an employee is transferred to a position outsidethe bargaining unit, he/she shall retain his/her seniority accumulated up tothe date of leaving the unit, but will not accumulate any further seniority whileoutside the unit.

ARTICLE 14 PROMOTIONS AND STAFF CHANGES

14:01 Job Postings

When a vacancy occurs or a new position is created either inside or outsidethe bargaining unit, the Employer shall post a notice of the position inaccessible places in the Employer's premises for a period of not less thanseven (7) calendar days. Copies of all postings are to be suppliedconcurrently to the Local representative.

14:02 Information on Posting

For vacancies or new positions inside the bargaining unit, such notices shallcontain the following information - title of position, qualifications, requiredknowledge and education, skills, wage or salary rate and whether shift workcould be involved. Such qualifications may not be established in an arbitraryor discriminatory manner. All job postings shall state "this position is open tomale and female applicants".

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14:03 Procedure for Filling Vacancies

No position will be filled from outside the bargaining unit until the applicationsof present employees have been fully processed.

14:04 Role of Seniority in Promotions and Transfers

Both parties recognize:

(a) the principle of promotion within the service of the Employer;

(b) that job opportunity should increase in proportion to length of service.

Therefore, when a vacancy occurs in an established position within thebargaining unit, or when a new position is created within the bargaining unit,

employees who apply for the position on promotion or transfer shall be givenpreference on a seniority basis for filling such vacancy provided that theemployee's qualifications meet the required standards for the new position.

14:05 Trial Period

The successful applicant shall assume his/her new duties on a trial basis fortwo (2) months. The Employer shall confirm the employee's appointmentafter the trial period of two (2) months, unless the Employer deems theemployee's service unsatisfactory. In the event that the successful applicantproves unsatisfactory in the position during the trial period, or if the employeeis unable to perform the duties of the new job classification, he/she shall bereturned to his/her former position, wage or salary rate without loss ofseniority. Likewise, any other employee promoted or transferred because ofthe successful applicant's promotion shall be returned to his/her formerposition, wage or salary rate, without loss of seniority.

14:06 Notification of Successful Applicant

Within seven (7) working days of the date of appointment to a vacantposition, the name of the successful applicant shall be sent to eachbargaining unit applicant with a copy to the Local representative.

14:07 Incapacitated Worker Provision

(a) An employee who is confirmed as being incapacitated by injury,illness or age such that he/she cannot perform his/her duties ofhis/her classification and who is not receiving full benefits from theWorkers' Compensation Commission will be employed in anotherbargaining unit classification in the bargaining unit provided that

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he/she is qualified to perform the work required and provided that theemployee being displaced is less senior.

(b) The employee who is displaced by the incapacitated employee shalldisplace the most junior employee in a bargaining unit classification in

the bargaining unit provided that he/she is qualified to perform thework required, provided that the employee being displaced is lesssenior and provided that the hours of work are not less than thathe/she was working before unless mutually agreed.

ARTICLE 15 LAYOFF AND RECALL

15:01 Role of Seniority in Layoffs

Both parties recognize that job security shall increase in proportion to length

of service. Therefore, in the event of a layoff, employees shall have the rightto bump a junior employee(s) provided that they are qualified to perform thework required.

15:02 Recall Procedures

Employees shall be recalled in order of seniority provided that thoseemployees being recalled are qualified to perform the work required.

15:03 No New Employees

No new employees shall be hired until those laid off have been given anopportunity of recall, provided that those recalled are qualified to perform thework required.

15:04 Advance Notice of Layoff

Except where legislation is more favourable to an employee, the Employershall notify employees who are to be laid off no less than thirty (30) calendardays prior to effective date of layoff. If, through no fault of his/her own, theemployee has not had an opportunity to work the days of notice as providedin the Clause, he/she shall be paid wages or salary, exclusive of overtime,that he/she would have earned during the notice period.

ARTICLE 16 HOURS OF WORK AND WORK SCHEDULE

16:01 The normal daily hours of work for full time employees shall be seven andone-half (7 1/2) hours per day, exclusive of meal breaks.

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16:02 Rest Periods

All employees shall be entitled to a fifteen (15) minute rest period in the firstand second half of the shift.

16:03 Days Off

Days off shall be allocated at the rate of two (2) consecutive days off. Thedays off shall be Saturday and Sunday except where mutually agreedbetween the Employer and the employee.

ARTICLE 17 OVERTIME

17:01 (a) Definition of Overtime

All overtime worked by an employee before or after his/her regularlyscheduled daily or weekly hours in excess of equivalent full time hourson a daily or weekly basis shall be considered overtime.

(b) Approval of Overtime

All overtime is subject to the prior approval of the Executive Directoror his/her representative designated for the place of work where theovertime is to be worked.

17:02 Normal Overtime Rate

(a) The normal overtime rate shall be either pay or time off at the rate oftime and one-half (1 1/2).

(b) Instead of cash payment of overtime, an employee may choose toreceive time off at the appropriate overtime rate at a date to bemutually agreed between the employee and the Executive Director orhis/her designated representative. The employee's decision toreceive time off must be conveyed to the Executive Director or his/herdesignated representative within seventy-two (72) hours of theconclusion of the overtime. Should the time off not be given withinsixty (60) calendar days, the employee shall receive pay at theappropriate overtime rate.

17:03 Meal Periods

All employees shall be entitled to a meal break of one (1) hour per shift. Anemployee recalled to work during his/her meal period shall be paid time andone-half (1 1/2) for all time worked during the meal period. Part-time

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employees with the approval of the Supervisor may schedule their mealperiod at the end of their respective shift.

17:04 Sharing of Overtime

Overtime and callback shall be divided equally among employees qualified toperform the available work.

17:05 Callback

An employee who is called back to work outside his/her normal workinghours shall be paid a minimum of three (3) hours at the applicable overtimerate.

17:06 Compensation for Work on Paid Holidays

If an employee is required to work on a paid holiday as listed in Clause18:01, he/she shall be paid, in addition to his/her regular pay, time and one-half (1 1/2) for each hour worked, in addition to another hour off with pay atstraight time for each hour worked.

17:07 No Layoff to Compensate for Overtime

An employee shall not be laid off during regular hours to equalize anyovertime worked.

17:08 Calculating of Overtime Rates

An employee who is absent on approved time off during his/her scheduledwork week because of sickness, bereavement, holidays, vacation or otherapproved leave of absence shall, for the purpose of computing overtime pay,be considered as if he/she had worked during his/her regular hours duringsuch absence.

17:09 Overtime on an Employee's Day Off

An employee who works on his/her day off shall be paid time and one-half (11/2) for all hours worked.

17:10 Standby

(a) An employee required to perform standby duty shall be paid sixdollars and twenty-five cents ($6.25) for each eight (8) hour shift ofstandby.

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(b) When standby is required on a statutory holiday, the rate ofcompensation shall be eight dollars and thirty cents ($8.30) for eacheight (8) hour shift of standby.

(c) No compensation shall be granted for the total period of standby dutyif the employee does not report for work when required.

ARTICLE 18 HOLIDAYS

18:01 Paid Holidays

(a) All full time employees shall receive one (1) day (7.5 hours) of paidleave for each of the statutory holidays as listed below and part time

employees shall accrue this benefit on a pro rated basis.

(a) New Year=s Day(b) Good Friday(c) Commonwealth Day(d) Memorial Day(e) Labour Day(f) Armistice Day(g) Christmas Day(h) Boxing Day(i) Thanksgiving Day

(b) An employee who works their scheduled shifts over a period of 30days prior to a holiday as listed, and works the scheduled day prior toand after the holiday, shall qualify for the paid holiday.

(c) Part-time employees shall accrue holiday credits based on the regularhours paid at the rate of 1 hour of holiday credit for each 28.88regulars paid. Part-time employees shall indicate on their ROSdocuments, their request to be paid for accrued holiday credits.

18:03 Paid Holiday During Leave

If an employee is sick on the day that the paid holiday is designated, theemployee shall be charged for the paid holiday and there shall be noreduction from the employee's sick leave.

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ARTICLE 19 ANNUAL LEAVE

19:01 Length of Vacation

An employee shall receive an annual vacation with pay in accordance with

his/her years of employment as follows:

(a) less than one (1) year at the rate of one and two-thirds (1 2/3) daysfor each month of service;

(b) one (1) year or more but less than ten (10) years - four (4) weeks;

(c) more than ten (10) years but less than twenty-five (25) years ofservice - five (5) weeks;

(d) for more than twenty-five (25) years of service - six (6) weeks.

The following provisions respecting annual leave shall apply:

(a) No annual vacation may be taken by an employee until he/she hasnot less than sixty-five (65) days of service prior to taking leave.

(b) When an employee has had not less than sixty-five (65) days ofservice, he/she may anticipate annual vacation to the end of theperiod of his/her authorized employment or to the end of the yearconcerned, whichever is the shorter period.

(c) When an employee becomes eligible for a greater amount of annualvacation, he/she may be allowed in the year in which the changeoccurs, a portion of the additional leave for which he/she has becomeeligible based on the ratio of the unexpired portion of the year totwelve (12) months, computed to full working days.

19:02 Annual leave shall not be taken except with the prior approval of theEmployer. However, subject to the operational requirements of the VictorianOrder of Nurses, St. John's, Newfoundland Branch, the Employer shall makeevery reasonable effort to grant the employee his/her annual vacation at atime requested by the employee.

19:03 Overtime Vacation Rate

When an employee is required to work during his/her vacation, he/she shallreceive pay of time and one-half (1 1/2). Hours worked while on vacationshall not be deducted from the employee's vacation credits.

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19:04 Carry Forward of Vacation

An employee may carry forward to another year any proportion of annualleave not taken by him/her in previous years until, by so doing, he/she hasaccumulated a maximum of:

(a) twenty (20) days' annual leave, if he/she is eligible for twenty (20)days in any year;

(b) twenty-five (25) days' annual leave, if he/she is eligible for twenty-five(25) or thirty (30) days.

19:05 (a) An employee who suffers an illness while on annual leave that causesthe cancellation or interruption of an approved vacation may changethe status of his/her leave to sick leave effective the date ofnotification to the Employer. A medical certificate shall be provided to

the Employer on return to work.

(b) In the case of an employee who is admitted to hospital while onannual leave, he/she may change the status of his/her leave to sickleave with effect from the date he/she was admitted to hospital. Theemployee shall submit on his/her return to duty a certificate stating thetotal period during which he/she qualified for sick leave.

19:06 For the purpose of this Article, employees who are re-employed by theEmployer after termination may have service prior to termination credited tothem for annual leave purposes. Furthermore and subject to Clause 26:04,seniority and service shall be considered on an annual basis with theemployee being entitled to benefits the same as if he/she had worked regularfull time hours.

19:07 Notwithstanding Clause 22:03, part-time employees who receive apercentage of vacation pay shall have the option of receiving same onhis/her regular salary cheque or the total amount upon commencement ofhis/her vacation.

ARTICLE 20 SICK LEAVE

20:01 Sick Leave Defined

Sick leave means a period of time that an employee has been permitted tobe absent from work without loss of pay by virtue of being sick, disabled,quarantined, or because of an accident for which compensation is notpayable under the Workers' Compensation Act.

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20:02 Paid Sick Leave

An employee is eligible to accumulate sick leave with full pay at the rate oftwo (2) days for each month of service accumulated to a total of one hundredand twenty (120) working days.

20:03 Proof of Illness

Before receiving sick leave with full pay, an employee may be required toproduce a medical certificate for an illness in excess of two (2) consecutiveworking days. In cases of suspected abuse shown by an established patternof sickness, the Employer reserves the right to request a medical certificatefor any period of illness.

20:04 Sick Leave During Leave of Absence and Layoff

When an employee is given paid vacation or special paid leave of absence,or when he/she is absent from work and receiving Workers' Compensation,he/she shall receive, on his/her return to work, sick leave credit for the periodof such absence. When an employee is laid off on account of lack of workfor a period of less than twenty-four (24) months and returns to work uponexpiration of such layoff, he/she shall not receive sick leave credit for theperiod of such absence, but shall retain his/her accumulative credit, if any,existing at the time of such layoff.

20:05 Extension of Sick Leave

(a) An employee with more than five (5) years of service who hasexhausted his/her sick leave credits may be allowed, in the event ofillness in excess of fifteen (15) days, an extension of his/her sickleave to a maximum of fifteen (15) working days. This sick leaveextension shall be repaid by the employee upon his/her return to dutyfrom his/her normal monthly accumulation.

(b) When an employee has used the maximum of sick leave which maybe awarded to him/her in accordance with this Agreement, he/shemay elect, if he/she is still unfit to return to duty, to proceed on annualleave, including current and accumulated leave, if he/she is eligible toreceive such leave and if not, on special leave without pay to amaximum of one (1) year unless a longer period is mutually agreedupon between the employee and the Employer. Medical certificatesshall be submitted as required by the Employer.

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20:06 Sick Leave Records

In January, the Employer shall post the amount of sick leave accrued to eachemployee's credit up to and including the previous 31st of December.

20:07 Injury on Duty

An employee who is injured during working hours and is either required toleave for treatment or sent home for such injury shall receive payment for theremainder of the shift or work day at his/her regular rate of pay withoutdeduction from sick leave, provided that a medical practitioner or the V.O.N.Nurse in charge states that the employee is unfit for further work.

20:08 Sick Leave During Special Leave Without Pay

An employee on special leave without pay in excess of twenty (20) days in

total in the calendar year shall not accumulate sick leave during such periodof special leave without pay.

20:09 Sick Leave Credits for the First and Last Month of Employment

For the purpose of this Article, an employee who receives full salary orwages in respect of fifty percent (50%) or more of the working days in thefirst or last calendar month of his/her service computed in full or half daysshall be deemed to have a month of service.

ARTICLE 21 LEAVE

OF

ABSENCE

21:01 Negotiation Pay Provision

Upon written request by the Union to the Employer and with the approval inwriting of the Employer, leave with pay shall be awarded for a representativeof the Union to attend negotiation meetings. He/she shall not suffer any lossof pay or benefits when required to leave his/her employment temporarily inorder to carry on or to take part in negotiation meetings.

21:02 Grievance and Arbitration Pay Provision

Upon written request by the Union to the Employer and with the approval inwriting of the Employer, leave with pay shall be awarded for a representativeof the Union to attend grievance and arbitration hearings. He/she shall notsuffer any loss of pay or benefits when required to leave his/her employmenttemporarily in connection with the Grievance or Arbitration Procedure.

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21:03 Leave of Absence for Union Business

(a) Upon written request by the Union to the Employer and with theapproval in writing of the Employer, leave with pay shall be awardedas follows:

(i) For an employee who is a member of the Provincial Executiveor an elected delegate and who is required to attend theBiennial Convention of the Newfoundland and LabradorAssociation of Public and Private Employees, the ComponentConvention of the Newfoundland and Labrador Association ofPublic and Private Employees, or the Convention of theNewfoundland and Labrador Federation of Labour, leave withpay not exceeding three (3) days in any one (1) year for eachof the above Conventions.

(ii) For an employee who is a member of the Provincial Executiveof the Union and who is required to attend Executive Meetingsof the Provincial Executive, leave with pay not exceeding five(5) days in any one (1) year.

(iii) For an employee who is a member of the National and/orProvincial Executive or an elected delegate who may wish toattend the Convention of the Canadian Labour Congress andthe National Union of Public and General Employees, leavewith pay not exceeding five (5) days in any one (1) year. Nomore than two (2) employees at one (1) time from the St.John's V.O.N. Branch.

(b) Association functions shall include the Biennial Convention of theNewfoundland and Labrador Association of Public and PrivateEmployees, the Component Convention of the Newfoundland andLabrador Association of Public and Private Employees, theConvention of the Newfoundland and Labrador Federation of Labour,the Conventions of the Canadian Labour Congress, the NationalUnion of Public and General Employees, Local Officers' Seminarsand educational Seminars sponsored in whole or in part by theUnion, meetings of the Provincial Executive and the Provincial Boardof Directors.

(c) Additional leave without pay for the purpose of attending to Unionbusiness may be granted by the Employer if requested and onreasonable notice.

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21:04 Leave of Absence for Full Time Union Representative

An employee who is selected or elected for a full time position with the Unionor any body with which the Union is affiliated shall be granted leave ofabsence without loss of seniority or accrued benefits for a period of one (1)

year. Such leave shall be renewed each year, on request, during his/herterm of office.

21:05 Paid Bereavement Leave

An employee shall be entitled to bereavement leave without loss of regularpay as follows:

(a) (i) In the case of the death of an employee's mother, father,brother, sister, child, spouse, legal guardian, grandmother,grandfather, common-law spouse, mother-in-law, father-in-law,

grandchild, sister-in-law, brother-in-law, daughter-in-law, orson-in-law, one or other relative living in the same household,three (3) calendar days effective the date of the death.

(ii) In the case of the death of an employee's sister-in-law, brother-in-law, daughter-in-law, or son-in-law, one (1) day.

(b) If the death of a relative referred to in Clause 21:05 (a) occurs outsidethe Province of Newfoundland and Labrador, the employee shall begranted leave with pay not exceeding four (4) days for the purpose ofattending the funeral. Such days not to be in addition to those allottedin Clause 21:05 (a).

(c) In cases where extraordinary circumstances prevail, the Employermay grant two (2) additional days without loss of regular pay otherthan those referred to in Clause 21:05 (a) and (b).

21:06 Maternity Leave

(a) Maternity and Parental Leave will be granted in accordance with theLabour Standards Act unless a superior benefit is conferred herein.

(b) An employee who has been employed for at least twenty (20)consecutive weeks and who is pregnant shall be entitled, uponapplication, to maternity leave without pay to commence not earlierthan seventeen (17) weeks prior to the expected date of birth. Theemployee shall give the Employer at least two (2) weeks notice of thedate the leave is to begin and shall provide a medical certificate froma medical practitioner stating the estimated date of birth.

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(c) An employee who has been employed for at least twenty (20)consecutive weeks and who is the parent of a child shall be entitled,upon application, to parental leave without pay to commence no morethan thirty-five (35) weeks after the day the child is born or comes intothe care and custody of the parent for the first time. The employee

shall give the Employer at least two (2) weeks notice of the date theleave is to begin.

(d) The maximum maternity and parental leave allowed shall beseventeen (17) weeks for maternity leave and thirty-five (35) weeksfor parental leave for a combined maximum of fifty-two (52) weeks intotal.

(e) The employee may return to duty after four (4) weeks' notice of herintention to do so and, in the case of maternity leave, shall produce asatisfactory certificate of fitness from her Physician.

(f) The employee shall resume her former position and salary uponreturn from maternity/parental leave with no loss of accrued benefits.

(g) Periods of maternity/parental leave in excess of twenty (20) days inany year shall not be reckoned for annual leave or sick leavepurposes.

(h) An employee shall be awarded sick leave for illness that is a result ofor may be associated with pregnancy before commencing maternityleave.

(i) While on maternity/parental leave, employees shall continue toaccumulate service for seniority purposes only.

21:07 Adoption Leave

(a) Adoption Leave will be granted in accordance with the LabourStandards Act unless a superior benefit is conferred herein.

(b) An employee who has been employed for at least twenty (20)consecutive weeks and who legally adopts a child shall be granted

special leave without pay for a maximum of seventeen (17) calendarweeks following the coming of the child into the custody of the parentfor the first time (maximum of fifty-two (52) weeks if combined withParental Leave). Where possible, the employee shall give theEmployer at least two (2) weeks notice of the date the leave is tobegin and shall provide proof of adoption.

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(c) The employee shall give at least four (4) weeks notice of her intentionto return to work from adoption leave.

(d) Upon return from adoption leave, the employee shall resume her

former duties at her former position on the wage grid, with no loss ofseniority or accrued benefits.

21:08 Paid Jury or Court Witness Leave

(a) The Employer shall grant leave of absence without loss of pay,seniority or accumulated benefits to an employee who serves as a

juror or witness in any Court. Any remuneration the employeereceives from the Courts will be over and above his/her pay andbenefits from the Employer.

(b) Any employee who is subpoenaed to be a juror and is subsequentlynot picked will be covered by this Article.

(c) The employee will present proof of service that he/she attended as a juror or witness.

21:09 Education Leave

An employee who is upgrading his/her employment qualifications through anEmployer approved upgrading course shall be entitled to leave of absencewithout loss of pay and benefits to write examinations required by suchcourse.

21:10 General Leave

With the approval of the Employer, an employee may be granted leave ofabsence without pay and without loss of seniority in exceptionalcircumstances, provided that the employee has no current or accumulatedannual leave available to him/her.

21:11 Paid Special Leave

Special leave with pay, not exceeding three (3) days, may be granted inspecial circumstances for reasons other than those referred to in Clause21:05.

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ARTICLE 22 PAYMENT OF WAGES AND ALLOWANCES

22:01 Availability of Salary Cheques

It is agreed that the Employer shall continue to pay salaries bi-weekly.

Overtime pay will be included in the regular pay cheque for the pay periodnext succeeding the pay period during which the overtime was earned. Oneach pay day, each employee shall be provided with an itemized statementof his/her wages, overtime and other payroll deductions.

NOTE: It is agreed that a one time pay day adjustment will be made duringthe life of this agreement and most likely will occur during the period ofJanuary or February 2009. The specific pay period to be affected by thechange will be indicated to employees as soon as possible and not less than4 pay periods in advance. The change shall be such that a regular pay datewill occur on or about 13 days following the applicable pay period. That is;

the pay day is for the period about 2 weeks prior.

22:02 Pay on Temporary Transfers, Higher Rated Job

(a) An employee required to fill temporarily a position for which is paid ahigher rate of salary than that paid for the employee's regular agreedwork shall receive the rate of pay for the position filled. This will applyonly to the extent that the employee fills that position for a minimum ofthe equivalent of two (2) full time days.

(b) An employee required to fill a position for which is paid a lower rate of

salary than that paid for such employee's regular work shall notreceive any reduction in pay for reason thereof.

22:03 Vacation Pay

An employee with more than one (1) year of service or an employee who hasearned at least two (2) weeks' vacation, upon giving at least two (2) weeks'notice prior to the pay day preceding the office day on which he/she wishesto receive his/her advance payment, shall receive prior to commencement ofhis/her annual vacation any regular pay cheque(s) which may fall due duringhis/her vacation.

ARTICLE 23 PERSONAL LOSS

23:01 Subject to Clauses 23:02 and 23:03, where an employee, in the performanceof his/her duty, suffers any personal loss and where such loss was not due tothe employee's negligence, the Employer may compensate the employee forany loss suffered, subject to a maximum of three hundred dollars ($300.00).

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23:02 All incidents of loss suffered by an employee shall be reported in writing bythe employee within two (2) days of the incident to the Executive Director orhis/her designated representative.

23:03 This provision shall only apply in respect of personal effects which theemployee would reasonably have in his/her possession during the normalperformance of his/her duty.

ARTICLE 24 STRIKES AND LOCKOUTS

24:01 The Union agrees that during the life of this Agreement, there shall be nostrikes. The Employer agrees that there shall be no lockouts during the lifeof this Agreement.

ARTICLE 25 TERMINATION OF EMPLOYMENT

25:01 Employees shall give the Employer thirty (30) calendar days' written notice oftheir intention to terminate their employment.

25:02 Vacation leave shall not be used as any part of the period of the stipulatednotices referred to in this Article unless mutually agreed between the partieshereto.

25:03 The period of notice may be reduced or eliminated by mutual agreement.

25:04 Upon termination of service, an employee shall receive pay for all his/herearned current and accrued leave not taken by him/her prior to the date oftermination of his/her service provided, however, that any indebtedness tothe Employer may be deducted from such payment. The above does notinclude accumulated sick leave.

ARTICLE 26 EMPLOYEE BENEFITS

26:01 Group Benefits Plan

(a) It is a condition of employment for staff eligible for Group benefits tobe covered under the VON Canada National Group Plans, subject tothe terms and conditions of the plans, including any eligibility andenrolment requirements. Employees may opt out of the ExtendedHealth and Dental plans only if they have at least equal coverageunder a spousal plan.

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(b) The Plans presently in effect shall remain in effect during the term ofthis Agreement, subject to the Employer’s right to change carriers.The Employer will advise the union of any change in carrier or anychanges in plan design as soon as reasonably possible prior toimplementing such changes.

(c) When an employee is on maternity leave, unpaid sick leave or layoff,the employee will pay the full cost of the Plan in order to maintaincoverage while on such leave. When an employee is on other typesof unpaid leave, then the employee may pay the full premium in orderto maintain coverage while on such leave.

26:02 Workers' Compensation Pay Supplement

All employees shall be covered by the Workers' Compensation Act.

26:03 Pension Plan

The Victorian Order of Nurses for Canada provides a Pension Plan to allpermanent employees working fifty percent (50%) or more of full timeequivalent hours.

26:04 * Awarding of Benefits to Part-Time Employees

All benefits awarded to part-time employees shall be pro rated to those of fulltime employees. Bi-weekly payments shall be based on approved hours ofwork per pay period. Reconciliation of additional hours worked will becalculated yearly.

ARTICLE 27 SEVERANCE PAY

27:01 An employee who has nine (9) years of continuous service in the employ ofthe Employer qualifies for severance pay and is entitled to have severancepaid upon resignation, retirement, termination by reason of disability, expiryof recall rights, or in the event of death to the employee=s estate. Theamount of severance due will be computed as follows: for each continuousyear of service the average hours of work per week will be determined by

dividing the total hours worked that year by 1950 (full time hours) and thenmultiplying by 37.5. This will result in the number of hours of severance paydue for this year. Once the hours of severance pay have been determinedfor each year of continuous service, the amount of severance pay can becomputed by multiplying the total number of severance pay hours for allcontinuous years of service by the current hourly rate of the employee.

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27:02 For the purpose of this Article, periods of authorized leave without pay shallnot be regarded as breaks in continuous service and the period of leavewithout pay shall be counted as service when determining the total amount ofservice as an employee.

ARTICLE 28 TECHNOLOGICAL CHANGE

28:01 Advance Notice

Before the introduction of any technological change or new method ofoperation which affects the rights and benefits, conditions of employment,wage rates or workloads, the Employer shall notify the Union of the proposedchange.

28:02 Consultation

Any such change shall be made only after the Union and the Employer havediscussed the matter. The discussion shall take place within twenty-one (21)days of the Employer's notification to the Union.

28:03 Training Benefits

In the event that the Employer should introduce new methods or machineswhich require new or greater skills than those possessed by employeesunder the present method of operation, such employees shall, at theexpense of the Employer, be given a reasonable period of time, in the

opinion of the Employer, during which they may perfect or acquire the skillsnecessitated by the new method of operation. There shall be no change inwage or salary rates during the training period of any such employee.

28:04 (a) Where an affected employee elects not to avail of training as providedfor under Clause 28:03, the Employer agrees that, where possible,the effect of the employee of changes contemplated by Clause 28:01will be minimized by transfer or re-assignment within the employ ofthe V.O.N., St. John's Branch.

(b) An employee transferred or re-assigned in accordance with (a) abovewill not have suffered any reduction in his/her regular salary unlesssuch employee has refused, without giving reasons acceptable to theEmployer, to avail of training in accordance with Clause 28:03.

28:05 No New Employees

No additional employee(s) shall be hired by the Employer to replace anyemployee(s) affected by the technological change or new method of

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operation until the employee(s) already working and affected by the changehave been notified and allowed a training period to acquire the necessaryknowledge or skill for the trainee(s) to retain their employment as providedfor in Clause 28:03.

ARTICLE 29 EFFECT OF LEGISLATION

29:01 Continuation of Acquired Rights

All provisions of this Agreement are subject to applicable laws now orhereafter in effect. If any law now existing or hereafter enacted orproclamation or regulation shall invalidate any portion of this Agreement, theentire Agreement shall not be invalidated and the existing rights, privilegesand obligations of the parties shall remain in existence, and either party,upon notice to the other, may re-open the pertinent parts of the Agreement

so that the portion thus invalidated may be amended as required by law.

ARTICLE 30 CONTRACTING OUT

30:01 Should the Employer contract out work, the Employer agrees to offer staffthat would normally be laid off by the decision to contract out work anyavailable positions for which the employee’s are qualified and theemployees' salary at the time of contracting out shall be maintained duringthe duration of this Collective Agreement.

ARTICLE 31 AMENDMENT BY MUTUAL CONSENT

31:01 It is agreed by the parties to this Agreement that any provision in thisAgreement, other than the duration of Agreement, may be amended inwriting by mutual consent and such amendment(s) shall form part of thisAgreement.

ARTICLE 32 TRAVEL ON EMPLOYER'S BUSINESS

32:01 When, in the course of his/her duty, an employee is required to travel on theEmployer's business, transportation shall be provided by the Employer orwith the approval of the Employer, he/she may be permitted to use his/herown vehicle and be reimbursed at the rate of thirty-four cents (34.0 cents)per kilometre. Effective January 1, 2009 the rate shall be thirty five cents(0.35) per kilometre and on January 1, 2010 the rate shall be thirty six cents($0.36) per kilometre.

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32:02 Payment for the use of private vehicles on the Employer's business shall belimited to the kilometer rate specified herein. The Employer assumes noliability for damage or other expenses arising as a result of the use of privatevehicles.

32:03 If an employee is required to travel on the Employer's business then he/sheshall be compensated for his/her transportation subject to Clause 32:01 andhis/her lodging shall be paid by the Employer upon presentation of suitablereceipts.

32:04 The per diem meal rate shall be forty three dollars ($43.00), ($9.00 $10.00and $24.00) inside the Province and fifty dollars ($50.00), ($11.00, $12.00and $27.00) outside the Province, effective date of signing.

32:05 After each period of three (3) consecutive nights in overnight travel, theemployee shall be entitled to one (1) three (3) minute person-to-person

telephone call.

ARTICLE 33 SALARIES

33:01 As set out in Schedule "A" of this Agreement.

ARTICLE 34 FAMILY LEAVE

34:01 (a) Subject to (b), (c) and (d), an employee shall be awarded up to 3working days paid family leave in any calendar year if required to:

(i) attend to the temporary care of a sick family member living inthe same household;

(ii) make arrangements for the temporary care of a sick motheror father.

(iii) attend to the needs relating to the birth of an employee's child;

(iv) accompany a dependent family member living in the same

household on a dental or medical appointment;

(v) attend meetings with school authorities;

(vi) attend to the needs relating to the adoption of a child; and

(vii) attend to the needs related to home or family emergencies;

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shall be awarded up to three (3) days' paid family leave in anycalendar year.

(b) In order to qualify for family leave, the employee shall:

(i) provide as much notice to the Employer as reasonablypossible;

(ii) provide to the Employer valid reasons why such leave isrequired; and

(iii) where appropriate and in particular with respect to (iii), (iv) and(v) of Clause 34:01 (a), have endeavoured to a reasonableextent to schedule such events during off duty hours.

(c) Employees shall not be permitted to change any other leave to family

leave but shall be entitled to change family leave to bereavementleave or sick leave.

(d) A temporary employee shall only be granted family leave if he/shereports to work following a recall and subsequently qualifies for familyleave during that period for which he/she was recalled.

ARTICLE 35 DURATION

35:01 Duration

This Agreement shall be effective from January 1, 2011 and shall remain infull force and effect until December 31, 2013, or until a new CollectiveAgreement is signed by the parties, whichever is later.

35:02 Notice to Negotiate

Either party may give notice to terminate or amend the Agreement not morethan one hundred and twenty (120) calendar days prior to the date ofexpiration.

35:03 Notice of Changes

Either party desiring to propose changes to this Agreement shall, within thirty(30) calendar days following receipt of notice under Clause 35.02, give noticein writing to the other party of the changes proposed. Within thirty (30)calendar days of receipt of such proposed changes by one party, the otherparty is required to enter into negotiations for a new Agreement.

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SCHEDULE "A" - WAGES

Salary Implementation Formula

Effective January 1, 2011 +3%Effective January 1, 2012 +3%Effective January 1, 2013 +3%

Classification Current RateJan 1/2010

Jan 1/2011+3%

Jan 1/2012+3%

Jan 1/2013

+3%

Foot Care Scheduler 12.54 12.91 13.30 13.70

Meals on WheelsCo-ordinator 14.31 14.74 15.18 15.64

VON St. John's 2013

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