Collective Agreement. Between: SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA. - and -

Transcription

1 Unit# 792 Collective Agreement Between: SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA - and - VITA COMMUNITY LIVING SERVICES AND MENS SANA FAMILIES FOR MENTAL HEAL TH Effective: December 10, 2013 Expiry: December 31, 2016

2 Table of Contents ARTICLE 1 - GENERAL PURPOSE... 1 ARTICLE 2 - RECOGNITION... 1 ARTICLE 3 - DEFINITIONS... 1 ARTICLE 4- NO DISCRIMINATION... 3 ARTICLE 5 - UNION SECURITY AND DUES DEDUCTION... 3 ARTICLE 6 - NO STRIKES OR LOCKOUTS... 4 ARTICLE 7 - MANAGEMENT RIGHTS... 5 ARTICLE 8- UNION REPRESENTATION... 5 ARTICLE 9 - LABOUR-MANAGEMENT COMMITTEE... 6 ARTICLE 10 - JOINT HEAL TH AND SAFETY COMMITTEE... 7 ARTICLE 11 - GRIEVANCE PROCEDURE... 8 ARTICLE 12 -ARBITRATION ARTICLE 13- PROBATIONARY PERIOD ARTICLE 14 - SENIORITY ARTICLE 15 - LAYOFF AND RECALL ARTICLE 16 - JOB POSTING ARTICLE 17 - HOURS OF WORK AND OVERTIME ARTICLE 18 - WORK OUTSIDE UNIT ARTICLE 19- PAID HOLIDAYS ARTICLE 20 - VACATION ARTICLE 21 - EFFECT OF ABSENCE ARTICLE 22- LEAVE OF ABSENCE (PAID) ARTICLE 23- LEAVE OF ABSENCE (UNPAID) ARTICLE 24- PREGNANCY AND PARENTAL LEAVE ARTICLE 25 - HEAL TH AND WELFARE BENEFITS ARTICLE 26 - PENSION PLAN ARTICLE 27 - SICK LEAVE ARTICLE 28 - EMPLOYEE REIMBURSEMENTS ARTICLE 29 - WORK OF THE BARGAINING UNIT ARTICLE 30 - NO CONTRACTING OUT (i)

3 ARTICLE 31 - PERSONNEL FILES ARTICLE 32 -JOB CLASSIFICATION ARTICLE 33- PUBLICATION OF AGREEMENT ARTICLE 34 - TERM OF AGREEMENT WAGES AND CLASSIFICATIONS LETTER OF UNDERSTANDING - STUDENTS LETTER OF UNDERSTANDING - RE OPENER CLAUSE APPENDIX MUL Tl-SECTOR PENSION PLAN (ii)

4 ARTICLE 1- GENERAL PURPOSE 1.01 The general purpose of this Agreement is to establish an orderly collective bargaining unit relationship between the Employer and the employees represented by the Union with all employees providing safety, promoting community and practicing respect, at the highest standards, for and with each Vita I Mens Sana member. ARTICLE 2 - RECOGNITION 2.01 The Service Employees International Union, Local 1 Canada is certified as the sole and exclusive bargaining agent of all employees of Vita Community Living Services and Mens Sana Families for Mental Health in the City of Toronto and York Region save and except supervisors, persons above the rank of supervisors, therapists, administrative program assistants, office and clerical staff. ARTICLE 3 - DEFINITIONS 3.01 For the purpose of interpretation where the feminine gender is used in this Agreement it shall mean and include the masculine and vice versa The term "days", when used as a period of time for notice in this Agreement, refers to business days (Monday to Friday excluding Holidays) unless otherwise indicated expressly (a) The term "employees" when used in this Agreement refers to those persons who are included in the bargaining unit description contained in the recognition clause in Article 2; (b) (c) (d) (e) "Full-time employee" refers to an employee with a position providing for more than thirty (30) hours of regularly scheduled work per week. "Part-time employee" refers to an employee with a position providing for equal to or fewer than thirty (30) hours per week of regularly scheduled work. "Unscheduled Relief' refers to employees who have committed to being available on an "on-call basis" for temporary work and who have no regularly scheduled shifts. "Volunteers" refer to persons who offer their time without compensation to support the goals of the Employer and are not bargaining unit employees. A volunteer will not be used to replace shifts of work performed normally by a bargaining unit employee and no employee should suffer a loss of scheduled hours of work as a result of the use of volunteers.

5 - 2 - (f) (g) "Agency Staff" refer to persons contracted through an Agency to perform the normal work of Full time and Part Time employees. Agency staff will not be used where employees are available to perform that work at straight time hourly pay as described in the Transition and Scheduling Appendix. "Vita Mens Sana Member" refers to the clients who use the services of Vita Mens Sana. Appendix on Transitional Scheduling Issues In negotiations several issues of concern to the union and the employees were raised and reviewed. Among those concerns were the use of Agency staff and the assignment of hours to part time employees that were in excess of twenty four hours per week. Agency The current usage was reviewed and it was agreed that, if funding was available, it is preferable to have employees rather than Agency workers perform the support function roles on a regular and consistent basis and to use Agency for backfilling, temporary assignments and where employees were not available. Recognizing that the existing budget does not allow for conversion of the work performed by Agency workers, the parties agreed to review the Agency staff use at quarterly meetings during the life of the Agreement. This would include a review of the nature of assignments, the availability of employees, consideration of alternatives to Agency assignments and the funding and cost of service. It is agreed that for the duration of this Agreement that where work is assigned to an Agency staff and the Union or an employee believes that she could have performed the work at straight time hourly pay, it will not be grieved but rather raised at the quarterly meeting so that the parties may learn and develop appropriate procedures on a go forward basis as budgets allow. Part Time Over Thirty The parties reviewed those part time employees who were regularly working in excess of thirty (30) hours on average per week and determined which of those were doing so by virtue of "picking up shifts" and which of those had regular assignments. Where an employee is picking up shifts, he or she may continue to do so while remaining part time. It was agreed that those with these regular assignments would be provfded with the option of reducing their hours to thirty (30) or below or may continue to work the assignment (so long as required by the employer) and still be considered a part time employee under this Agreement. It was further agreed that, while the Agreement currently allows for assignments up to thirty (30) hours, on a go forward basis the Employer would post any new part time jobs with no more than twenty four (24) hours.

6 - 3 - Scheduling Appendix In negotiations it was agreed to review the use of existing extended hours agreements, the averaging of overtime, overnight Asleep hours and issues around support coverage, eating periods, meals and breaks. Extended Hours and Averaging The Employer has several regular shifts that are extended hours shifts which require more than eight hours of work in a day and yet continue to average out to less than forty four hours per two week period. These positions are posted with the shift schedule known and it is agreed that these schedules, in accordance with section 17 to 18 of the ESA, will be treated as the regular hours of work for those employees. Furthermore overtime will only be paid for hours worked in excess of the average regularly scheduled hours over a two week period. It is agreed that the Employer will not introduce new extended hour shifts without notice and discussion with the union. In no case will extended hour shifts be implemented with less than eight (8) weeks of notice to the employees affected. As for current employees working 12 hour shifts who are scheduled for more than 44 hours a week they will receive overtime after 88 hours biweekly. Meals and Eating Periods Employees will frequently be required by virtue of the nature of their employment to share eating periods and/or meals with members. Where, as part of the daily schedule work, the employee eating period is assigned to be taken alongside the members, this will be treated as time worked. ARTICLE 4 - NO DISCRIMINATION 4.01 The parties agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either party or their representatives or members, because of an employee's membership or non-membership in the Union or because of her/his activity or lack of activity in the Union. Membership in the Union is hereby recognized as a voluntary act on the part of the individual concerned The Union agrees it will not conduct union business other than which is permitted in this Agreement except as specifically authorized in advance and in writing by the Employer. ARTICLE 5 - UNION SECURITY AND DUES DEDUCTION 5.01 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 designated by the Union. 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

7 - 4 - Union Initiation Fee as directed by the Secretary Treasurer of the Union. Union Initiation Fees and Dues deductions shall commence in the month of hire. The amount of the regular monthly dues and the Union Initiation Fee shall be directed in writing by the Union Secretary Treasurer of 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. In consideration of the deducting of Initiation Fees and Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article. Monthly deductions shall be made and forwarded to the Secretary Treasurer of the Union on or before the 15th 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. The Employer agrees to submit the dues and Union Initiation Fees in an electronic format provided by the Union and as per the written direction of the Secretary-Treasurer of the Union. The Employer will provide each employee with a T4 supplementary slip showing the dues deducted in the previous year for income tax purposes It is mutually agreed that a Union representative will be given the opportunity of meeting with each new employee once within thirty (30) days of hire for the purpose of further informing such employee of the existence of the Union in the Employer's operation. The Employer shall designate the time and place for the meeting, the duration of which shall not exceed fifteen (15) minutes. The meeting shall take place on the Employer's premises, during the employee's work time, in a room designated by the Employer, and the employee shall report to this room for the interview. ARTICLE 6 - NO STRIKES OR LOCKOUTS 6.01 There shall be no strikes or lockouts so long as this Agreement continues to operate. The word "strike" and the word "lockout" shall have the meaning set forth in The Labour Relations Act, as amended. It is strictly understood that unless the parties are in a legal strike or lockout position no employee shall threaten, counsel or participate in any strike action which may impact on a Vita I Mens Sana member.

8 - 5 - ARTICLE 7 - MANAGEMENT RIGHTS 7.01 The Union acknowledges and recognizes that the management of the employees and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) (b) (c) (d) maintain order, discipline and efficiency; hire, assign, discharge, direct, promote, demote, classify, transfer, lay off, recall and suspend or otherwise discipline employees subject to the grievance rights of employees who have completed probation; determine the classifications, schedules, hours of work, and work assignments; determine the kind, location and nature of the operation, number and qualifications of personnel required, services to be performed and the methods, procedures and equipment to be used; and ( e) make and enforce and alter from time-to-time, reasonable rules and regulations to be observed by all employees. Provided that the Employer is not inconsistent with the express provisions of the Collective Agreement. ARTICLE 8- UNION REPRESENTATION 8.01 The Employer will recognize up to eight (8) Union Stewards, at least two of whom shall be part time, who are employees with a responsibility to assist employees in the processing of any grievances that might arise. The Union will inform the Employer of the Steward's names and any changes to the Stewards in writing. One of the Stewards will be designated the "Chief Steward" by the Union The Employer will recognize a Union Negotiating Committee of not more than five (5) members ("negotiating committee members") (a) The Union acknowledges that the Stewards have regular duties to be performed on behalf of the Employer, and will not leave their duties without first obtaining permission from their Immediate Supervisor, it being understood that such permission will not be unreasonably withheld. When resuming their duties the Steward will report to their Immediate Supervisor.

9 - 6 - (b) (c) (d) Stewards shall suffer no loss of earnings for time spent during their regular scheduled working hours as a result of time spent in meetings (not including arbitration) with the Employer. Compensation will not be paid for time spent outside of regular working hours. The Negotiating Committee's responsibility is to represent the members of the full time and part time employee groups in the matter of negotiating the terms of the Collective Agreement. When a negotiating committee member is engaged in joint meetings with the Employer, she shall suffer no loss of earnings for time spent during her regular scheduled working hours for up to four (4) days. The Chief Steward or her designee will be allowed up to a maximum of four (4) hours release time from work each month to conduct union business. The chief steward or their designee will request this time off from their immediate supervisor one week in advance Employees shall not be eligible to serve as Stewards or members of any committee until s/he have served their probationary period and hold seniority standing Where a meeting is held to discipline an employee, the employee shall have the right to have a Steward attend or may sign a waiver of that right. The meeting will not proceed until the employee has exercised her right. Where the Employer has a formal investigation into an incident that is likely to lead to discipline and calls an employee to a meeting for an interview, she will be offered the right to be accompanied by a Steward The Union may place a binder in each workplace in which it may place communication to its members. Copies of all material placed in the binders will be provided to the employer. This is for notification of Union business and activities relevant to the Employee and will not be disrespectful of the Employer or Vita Mens Sana Members. ARTICLE 9 - LABOUR-MANAGEMENT COMMITTEE 9.01 Not less than three (3) per year and otherwise where the parties mutually agree, the parties will meet for a Labour - Management Committee. The Committee shall have six (6) members, with an equal number from each party to this Agreement. The Labour-Management Committee will consider matters of mutual concern and interest but will not include matters that are properly the subject of grievance or negotiations for the amendment or renewal of this Agreement. The meetings will be scheduled not less than four (4) weeks in advance and the Parties will exchange meeting agenda items two (2) weeks prior to such meetings. Meetings shall take place during normal head office hours. Employees who are scheduled to work shall suffer no loss of earnings for an absence of up to three (3) hours resulting from her attendance at such

10 - 7 - meetings. Where a scheduled employee is required to take her personal car from and back to the worksite for a meeting, she will be provided mileage. ARTICLE 10 - JOINT HEAL TH AND SAFETY COMMITTEE 1. The Employer, the Union and the employees understand and agree that they all have rights and obligations under the Occupational Health and Safety Act. 2. The Employer, the Union and the employees understand and agree that they must take reasonable precautions to ensure the safety of all employees at work. 3. A Joint Health and Safety Committee shall be established which is composed of an equal number of Union and Employer representatives, with a minimum number of five (5) members from each party. The Joint Health and Safety Committee shall be co-chaired by one Union representative and one Employer representative. 4. Minutes shall be taken of all Joint Health and Safety Committee meetings and distributed to the committee members so that copies may be posted for employees to review. 5. The Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health. The Employer and the Union agree to co-operate in providing necessary information to enable the Committee to fulfill its functions. The Employer will provide the Joint Health and Safety Committee with its Infection Control policy and procedures and with the Sharps procedure and the Sharps Injury Log. All relevant details of incidents and accidents will be provided to the Joint Health and Safety Committee on a timely basis. 6. Meetings shall be held quarterly or more frequently at the call of the chair if required. One hour of preparation time (or such greater time as is agreed) and time attending at the meeting shall be paid at the employee's regular hourly rate. 7. Personal Protective Equipment The Employer shall ensure that all personal protective equipment that it requires employees to use and provides meets or exceeds all applicable standards, fits, and is effective in its use within the workplace. 8. Modified Duties for Disabled Employees The Employer, the Union and any affected employee have obligations to participate in developing a modified work plan based on medical limitations to ensure the earliest possible safe return to work following a workplace injury, accident or other medical problem giving rise to a need for accommodation. Employees with a medical problem giving rise to a need for accommodation must

11 - 8 - disclose that need, provide medical evidence and request accommodation at the earliest possible time. 9. Where an employee is concerned about her personal safety in the provision of services to a Vita Mens Sana member, she will inform her Supervisor and they will review the circumstances and develop and implement a plan of action. Where the employee continues to feel threatened, the matter will be elevated to Human Resources and the Co-Chairs of the Joint Health and Safety Committee. ARTICLE 11 - GRIEVANCE PROCEDURE For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between an employee in the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement The grievance shall identify the nature of the grievance; the remedy sought and should identify the provision of the Agreement that is alleged to have been violated with sufficient facts to describe the violation At a meeting held to formally discipline an employee, including a written warning, a suspension without pay, or a discharge, the employee shall have the right to have a Union Steward attend. The Employer shall advise the employee of this right at the time they are notified of the meeting At any Step meeting under the grievance procedure, an employee has the right to have a union steward attend with her if she so chooses Early Resolution It is the mutual desire of the parties that complaints should be addressed as quickly as possible. Complaints shall be raised with the immediate supervisor within five (5) days of the circumstances giving rise to the complaint or when they ought reasonably to have been known. If the employee and the supervisor cannot resolve the complaint within five (5) days after it is first raised with the Supervisor, a grievance may be taken up in the following manner and sequence: Step 1 A union steward shall submit the completed grievance form to the Director of Human Resources or designate. The Director of Human Resources will respond in writing within five (5) days and may arrange a meeting to be held between the parties at a time and place suitable to both. The final decision of the Employer shall be delivered in writing to the union. Step 2 Within five (5) days following the decision in Step 1, the grievance form shall be submitted in writing to the Executive Director or her designate. The Executive Director

12 - 9 - or designate will arrange a meeting to be held with the grievor, the union steward who may be accompanied by a union representative, and appropriate members of management. This meeting will take place within five (5) days of notification forwarding the grievance to Step 2, unless extended by mutual agreement of the parties. The decision of the Employer shall be delivered in writing to the union representative within five (5) days following the date of the meeting Policy Grievance A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 2 within ten (10) days following the circumstances giving rise to the grievance, or ought reasonably to have come to the attention of the union. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which s/he could have instituted himself/herself and the regular grievance procedure shall not be by-passed. Where the grievance is an Employer grievance it shall be filed with the Union Representative Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall be initiated at Step Discharge Grievance If an employee, who has completed her probationary period, claims that she has been unjustly discharged, a grievance form may be submitted by the Union Steward at Step 2 of the grievance procedure within five (5) days of the date of the discharge. Such grievance may be settled under the Grievance and Arbitration procedure by: (a) (b) confirming the Employers action in discharging the employee, or reinstating the employee with up to full wages, seniority, service, and any other damages that would make the employee whole. ( c) any other arrangement which may be deemed just and equitable.

13 Mediation The parties agree that it is best to resolve grievances and may, upon mutual agreement, engage the services of a Mediator in an effort to resolve the grievance and shall extend the timelines for the request for arbitration. The parties will share equally the fees and expenses, if any, of the Mediator O Agreements reached under the grievance procedure between representatives of the union and the Employer will be in writing and are final and binding on the parties and the employees In accordance with Article 11.01, time limits under the grievance procedure may be extended by the parties where a reasonable request for an extension has been made and granted. ARTICLE 12 -ARBITRATION The grievance procedure shall not be by-passed and no matter shall proceed to arbitration that has not first been properly and fully processed through that procedure and only where notice of intent to arbitrate has been delivered in writing within ten (10) days of the written decision under Step 2. If the time limits above are not met, the grievance shall be deemed to have been abandoned. The parties may request a reasonable extension of the timeline in advance of its expiry and such request will not be unreasonably denied A referral to arbitration shall include a list of not less than three Arbitrators acceptable to the referring party. Within five (5) days thereafter, the other party shall agree to one of the proposed names or, in the alternative, respond with not less than five (5) names If the parties cannot agree on an Arbitrator following this exchange of names then either party may request the Appointment of an Arbitrator under section 48 of the Ontario Labour Relations Act, 1995 through the Minister of Labour for the Province of Ontario An Arbitrator's jurisdiction is defined by the terms of this Collective Agreement and no Arbitrator may make any decision inconsistent with the provisions of this Agreement, nor alter, modify, add to or amend any part of this Agreement Each of the parties hereto will share equally the fees and expenses, if any, of the Arbitrator. ARTICLE 13 - PROBATIONARY PERIOD All employees shall serve as a probationary employee for the first five hundred hours worked or six (6) months, whichever is lesser Upon completion of the probationary period above, the employee's name shall be placed on the seniority list in accordance with Article The

14 purpose of the probationary period is for the Employer to determine if the employee is well suited for the position and classification into which they were hired and it is therefore understood that discipline or discharge of a probationary employee is only subject to the grievance or arbitration procedure where she has been treated in an arbitrary, discriminatory or bad faith manner. This constitutes a lesser standard for the purposes of the Ontario Labour Relations Act. ARTICLE 14 - SENIORITY The Employer will maintain a record of seniority for employees who are covered by the terms of the Collective Agreement and who have completed their probationary period. The Employer shall provide the Union an electronic copy of the Seniority List with a combined list, a combined list sorted by classification, and lists sorted separately for full-time, part-time and relief employees. Lists shall be provided January, May and September and shall be made available for employees to review. The lists shall contain the following: 1. Name of employees. 2. Date of hire of individual employees. 3. Each employee's current seniority number. Seniority will be determined as follows: (a) (b) (c) For full time employees, seniority will be based on last date of hire. For part time employees, seniority will be based on last date of hire. For relief employees, seniority will be based on actual hours worked in the relief position Loss of Seniority and Employment Rights An employee shall lose all seniority and be deemed to have terminated if the: (a) (b) (c) employee quits; employee is discharged and the discharge is not reversed through the grievance and arbitration procedure; employee is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer of such absence and providing a satisfactory reason.

15 (d) (e) (f) (g) employee fails to return to work upon the expiration of a leave of absence or utilizes a leave of absence for a purpose other than that for which it was granted; employee has been laid off for eighteen (18) months; employee fails, within five (5) working days of being notified of a recall to signify her intention to return to work and/or fails to return to work within ten (10) working days after receiving the notice of recall; employee is absent due to illness or disability which absence continues for twenty-four (24) calendar months from the time the disability or illness commenced. It is understood that this provision shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code. ARTICLE 15 - LAYOFF AND RECALL There shall be at least two (2) weeks notice to the Union, in advance of individual layoff notices being issued, where there are planned reductions in the workforce that are expected to result in permanent layoff or a layoff of in excess of thirty five (35) weeks In every case, the Employer will provide all notice; pay in lieu of notice and/or severance required under the Employment Standards Act In the event of a layoff. A copy of any notice to the employee will be provided to the Union at the same time. In the event of a layoff, the following will apply: (a) (b) (c) The employment of Probationary employees in the classification being reduced will be ended first. Among the remaining employees the Employer will determine the number of full-time and/or part-time employees required to be laid off based on operational needs. The Employer will, at the Union's request, review the basis of its determination at a special Labour Management meeting, although this will not impact the timing of a layoff notice. Full-time and/or part-time employees will be subject to lay off in reverse order of seniority, subject to the ability to perform the work required In the event that a layoff commences on the day immediately following a paid holiday, the employee shall if they are otherwise entitled, be paid for the holiday.

16 No full time employee shall be laid off by reason of his or her duties being reassigned to part time employees, except where the coverage needs have diminished to less than full time hours Voluntary Layoff An employee who has not received a notice of layoff may make an offer of voluntary layoff where there is another employee who has received notice of layoff. If such request is made before the layoff has become effective and is acceptable to the Employer, the Employer will substitute this employee for the employee on notice of layoff In the event of a lay-off of a full-time employee, all compensation and benefits cease save the Employer shall continue to pay its share of the benefit costs for Extended Health Care, Vision Care and Dental Plan until the end of the month following the month in which the lay-off occurs or such earlier date if she waives recall or accepts a position elsewhere. Payment for such premium costs shall be contingent upon the employee paying his/her share of the premium costs which shall be paid on a monthly basis Layoff Procedure An employee who is subject to a layoff shall have the right to: (i) (ii) accept the layoff; or displace the employee with the least seniority within the same classification and status. If that is not possible then the employee may bump the most junior employee with the same status (FT or PT) in a classification with the identical pay so long as she is qualified, and has the skill and ability for the role. The employee may also bump into a lower paying position so long as she is qualified, and has the skill and ability for the role. If there are no full time positions with junior persons then the employee may bump the most junior part time employee. The Employer will meet with the employee subject to layoff and provide any displacement options available to the employee based on her seniority. If the employee is not displacing and will be laid off, she shall indicate in writing to the Employer all positions to which the employee desires recall should seniority and/or vacancies allow. Where circumstance arise, the employee will be contacted and shall be afforded the opportunity of recall to those positions she has so indicated.

17 Recall (a) (b) Employees who are laid off shall be placed on a recall list and shall retain, but not accrue service or seniority for eighteen (18) months. Where the Employer determines that it needs to recall staff, subject to ability employees laid off shall be recalled in reverse order of layoff. Notwithstanding the foregoing: (i) (ii) (iii) a full-time employee must accept a recall to a full-time position, as required, and may accept recall to a part-time position (which offer will only be made once), although recall to a part-time position will not extinguish the right to recall to a full-time position should one become available during the recall period; a part-time employee must accept a recall to a part-time position, as required; and a part-time employee may not be recalled to a full-time position. (c) (d) (e) (f) An employee and the Employer may agree during the recall period to elect to terminate the employment relationship and the employee would receive severance to which he or she is entitled under the Employment Standards Act. The employee will then be removed from the recall list and the Employer shall have no further obligation with respect to this employee. No new employees will be hired into the bargaining unit until those employees on the recall list have been offered the opportunity of such recall, subject to qualifications, skill and ability. Notice of recall shall be by telephone and, if the employee cannot be reached, shall be sent by next day courier to the employee's last known address and shall be deemed delivered on the following business day regardless of actual delivery. It shall be the employee's responsibility to keep the Employer advised of his/her current telephone number and address at all times. Where a position or positions become available to which an employee holds recall rights, the most senior employee with recall rights shall be recalled to that position. Where such vacancy is for six (6) weeks or less, an employee shall have the right to refuse the recall if it is to their detriment. Should an employee refuse a recall other than a six-weekor-less position, s/he shall be deemed to have relinquished recall rights for that particular position.

18 ARTICLE 16 - JOB POSTING Where a permanent vacancy occurs or a temporary vacancy which is expected to last longer than three (3) months, the Employer will post for a period of at least ten (10) calendar days. The posting shall stipulate the starting shift and location, qualifications, and rate of pay in order to allow employees with seniority to apply. All applications are to be submitted in writing within the posting period. Jobs will be posted as individual postings with a clear date and application deadline on the Portal. During the term of this first Collective Agreement a link to new postings will be sent to all employees at their Vita Mens Sana electronic mail. The Employer agrees to provide the chief steward with a copy of each job posting and the name of the successful applicant. The parties agree that an administrative oversight in this regard does not void the job posting No applicants from outside the bargaining unit will be considered unless the posting and selection process is completed and no bargaining unit applicant was selected. At that time, the employer may consider applicants from outside the bargaining unit. It is understood that where no bargaining unit employee is available, the Employer may hire an employee on a fixed term contract to fill the role on a temporary basis not to exceed six (6) months (save where the position is to backfill for a defined leave of up to one ( 1) year). The fixed term contract employee's employment will end at the end of the contract without further notice or otherwise with notice pursuant to the Employment Standards Act After the deadline for applications has passed, the Employer may schedule and arrange any tests and interviews. Where a test is established for a role, it will utilize standardized questions and answers with predetermined values. Any new written or electronic testing format used as part of the job posting process will be discussed and reviewed with the Union prior to implementation. Employee Applicants will be considered for the vacancy based upon the following criteria: skill, knowledge, qualifications and ability, including a review of work experience, work performance, training, certification and education and disciplinary record. Should several qualified candidates be relatively equal, then seniority will be the governing factor Until the vacancy is filled under the job posting provisions, the Employer is free to fill the vacancy on a temporary basis as it sees fit for a maximum of three (3) months.

19 Upon request to the Department Head, the Employer will discuss with the unsuccessful applicant the manner in which the employee may improve her position and her work in order to be considered for any future vacancy. ARTICLE 17 - HOURS OF WORK AND OVERTIME The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week. It is understood that the hours of work provisions herein vary given the residential care nature of much of the work performed and the need for both daytime and night time support, shared meals and including employees who are authorized to be asleep while at work (a) The regular work shift for employees shall be as established by departmental schedules of work. The Employer agrees that there shall be no split shifts without the consent of the employee and notice to the union. (b) The minimum length of a regularly scheduled work shift is four (4) hours. (c) All hours worked by an employee, which have been authorized by the Employer which exceeds forty four (44) hours in a weekly period shall be paid at the rate of time and one-half (1 1/2) the employee's regular hourly rate of pay Overtime payment for hours worked will not apply as a result of the following: (a) (b) (c) An exchange of shifts by two employees and which exchange must first have the approval of the Department Head or designate. A change from standard time to daylight saving time and vice versa. regular scheduled hours worked by an employee on a schedule which averages out to forty four (44) hours or less worked over a two (2) week period When an employee performs authorized overtime work of at least three (3) hours duration, the Employer will schedule a rest period of fifteen (15) minutes. Should an employee not be offered a fifteen (15) minute break, she shall be paid fifteen minutes pay at the premium rate Regular work schedules for full and part time employees will cover a minimum of a four (4) week period and the schedule of regular hours known to be required at the time of posting will be made available no less than two (2) weeks in advance of the first scheduled day of work covered by the schedule.

20 In any event, once a schedule has peen posted any additional hours are subject to the employee accepting such hours Scheduling The parties have established a Scheduling Appendix which will address regular shifts, coverage, eating periods and breaks. This will address residential care employees, overnight care, private sleeping accommodation and meals Employees may be allowed to exchange shifts. Where two (2) or more employees wish to exchange shifts they must submit a written request to their Department Head or designate. The granting of the request will be at the sole discretion of the Department Head or designate. Overtime payment will not be paid to any employees that may be affected by such exchange of shifts. All shift exchange requests must be approved or denied by Department Head or designate within twenty-four (24) hours of the request Minimum Reporting Pay Where a shift has been cancelled and the employer has not provided a minimum of four (4) hours' notice, the employee shall be entitled to a minimum of four ( 4) hours pay at the rate of pay for the scheduled shift. If requested by the Employer, the employee shall perform a minimum of four (4) hours of such available work within an employee's classification as the Employer may assign. This subarticle is waived in the case of any Jabour dispute or emergency which disrupts the operation of the workplace, nor shall it apply to employees returning to work without notice after absence Call-Back Call In When an employee has left the workplace following a shift and is called back to work after leaving upon completion of her shift, such employee will receive a minimum of four (4) hours pay or pay at time and one-half (1 /'2) for hours worked on that call back, whichever is greater. (a) (b) "Call In" shall mean the calling in to work of a full time employee at the Employer's request of an employee who is not otherwise scheduled to work as per the posted schedule. The Employer will only call in full-time employees after first contacting all available and qualified part lime and relief employees. Full time employees will then be called in commencing with the most junior in

21 seniority at the work location. Full time employees shall receive the rate of pay of time and one half (1 %) for the call in shift. (c) (d) Where the call in is requested within one (1) hour of the starting time of the shift and the employee reports for work no later than one (1) hour after the shift commencement, the employee will be paid as if the entire shift had been worked, provided she completes the shift for which she was called in. If the employee reports for work within one (1) hour of the request for call in then the Employer will guarantee a minimum of four (4) hours work Unscheduled Work (a) (b) (c) (d) Where work becomes available after the posting of the schedule, it will be offered to the most senior, qualified part time employee at the location and thereafter by seniority. Where there is no available part time employee it may be offered to relief employees. Where the call in is requested within one (1) hour of the starting time of the shift and the employee reports for work no later than one ( 1) hour after the shift commencement, the employee will be paid as if the entire shift had been worked, provided she completes the shift for which she was called in. If the employee reports for work within one (1) hour of the request for call in then the Employer will guarantee a minimum of four (4) hours work. It is understood that nothing in this article will compel the employer to offer unscheduled hours where such offer would result in an overtime payment. ARTICLE 18 - WORK OUTSIDE UNIT It is agreed that where an employee is asked to work for a period of time outside of the bargaining unit, she will be provided with responsibility pay in an amount established by the employee and the employer. It is further agreed that the employee's seniority will continue and, at the conclusion of the assignment, she will be returned to her previous position or similar position if her previous role does not exist.

22 ARTICLE 19 - PAID HOLIDAYS (a) Employees shall receive the following holidays with pay: New Year's Day Family Day Thanksgiving Day Victoria Day Canada Day Easter Monday Civic Holiday Labour Day Good Friday Christmas Day Boxing Day Where one (1) of the above named paid holidays falls on a Saturday or Sunday, an alternative day will be designated by the Employer as the paid holiday In order to qualify for pay for a holiday, a full-time employee shall complete his/her regularly scheduled shift prior to the holiday and regularly scheduled shift after the holiday, unless the employee was absent due to a listed reason below. A part-time employee will qualify for holiday pay as per the proration formula if the employee worked his/her scheduled day before and scheduled day after the holiday unless the employee was absent due to: (a) (b) (c) (d) (e) Verified illness or accident which commenced in the current or previous pay period in which the holiday occurred; lay-off for a period not exceeding five (5) calendar days, inclusive of the holiday; a paid leave of absence for a period not exceeding five (5) calendar days inclusive of the holiday: vacation the employee's regular scheduled day off A full-time employee entitled to holiday pay hereunder shall not receive sick leave pay to which she may otherwise have been entitled for the day of the holiday A full time employee who is required to work on any of the aforementioned holidays, in addition to his/her holiday pay, shall be paid at the rate of one and one-half (1Yz) times his/her appropriate scheduled rate of pay (for a total of two and one-half times); or, in lieu thereof, an employee may arrange with equivalent lime off at an agreed upon time with pay equal to one and one-half (1 Yz) times his/her appropriate scheduled rate of pay.

23 A part-time employee who is required to work on any of the aforementioned designated holidays, in addition to his/her holiday pay, shall be paid one and one half (1 %) times their regular hourly rate of pay for all hours worked Where an employee is required to work authorized overtime in excess of his/her regular scheduled hours on a paid holiday such employee shall continue to receive a total of two and one-half (2 %) times his/her applicable rate of pay for each hour worked, ARTICLE 20 -VACATION PART TIME EMPLOYEES Part-time employees receive 4% vacation pay on their gross earnings which will be banked by the employer and paid out to the employee during the two weeks of vacation time which they will take in each year FULL TIME EMPLOYEES (a) (b) Full time employees earn vacation time and pay based on their gross earnings in the current calendar year based on their years of service and anniversary date. For the purposes of this article, gross earnings shall include all wages, including vacation payments. Where a full time employee works shifts of a duration less than or greater than eight hours per day, vacation time allowance will be adjusted so as to provide equivalent time off to provide comparable weeks/hours free from employment as set out for an eight (8) hour daily employee below. After 1 year of full time employment and up to the end of 3rd year Between 4 years and up to the end of 7th year Between 8 years and up to the end of 15 years Between 16 and up to the end of 24 years After the commencement of the 25th year - 10 days of time I 80 hours - 4% vacation pay - 15 days of time/ 120 hours - 6% vacation pay - 20 days of time/ 160 hours - 8% vacation pay - 25 days of time/ 200 hours - 10% vacation pay - 30 days of time/ 240 hours - 12% vacation pay ( c) Each January, full time employees will be informed of their expected vacation earnings for the upcoming calendar year stated as a number of paid hours (credits). This vacation allowance is not a grant but an advance of credits against expected earnings in the calendar year. Where an anniversary date falls part way through the year, the credits

24 will be prorated at the higher amount for the post anniversary portion of the year. (d) (e) (f) (g) Vacation credits accrued at the time of termination of employment are paid out on the final pay issued. Vacation credits owed to the agency at the time of termination are deducted from the employee's last pay issued. Vacation credits used but unearned by an employee in any calendar year will be offset on the credits for the following year. Employees in their first full time year of employment and who have completed their probationary period will earn one day of unpaid vacation leave for each full month of completed service to a maximum of ten (10) days. Vacation pay for such employees will be four percent (4%) of gross earnings during the vacation year VACATION SCHEDULING (a) (b) (c) Requests for vacation must be submitted in writing by the employee to the Supervisor of the Program by March 1st for the period from April through until the end of September and the resulting vacation schedule will be posted in the workplace by April 1. By September 1, vacation requests will be submitted for the period from October to the end of March and the approved vacation will be posted in the Program by October 1. Requests received following the submission deadlines will be considered on a first come first serve basis without regard to seniority. The periods at which employees shall take vacation shall be based on the selection by the employee according to seniority, but the availability and approval shall be finally determined by the Supervisor having due concern for the proper operation of the Program. Vacations are not cumulative from year to year and all vacations must be taken by March 31st of the following year. Employees shall not waive vacation nor have any claim to draw double pay or vacation payout. Employees may carry over a maximum of five (5) days to the next fiscal year with the Director of Program's or designate approval. All requests for carry over must be received in writing and taken within the first two months of the next fiscal year. (d) Vacation requests of more than two (2) weeks away from work require special approval from the Executive Director or designate.

25 (e) (f) (g) (h) (i) (j) Employees shall be permitted to take up to one (1) week's vacation in days and otherwise vacation will be in blocks of one (1) week. The employee shall have scheduled off the weekends immediately preceding and following his/her vacation provided that such scheduling is mutually agreed upon by the employee and his/her supervisor. Where an employee's scheduled vacation is interrupted due to illness which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave and vacation shall be re-scheduled. Medical note required for proof of illness. Where an employee's scheduled vacation is interrupted due to illness requiring the employee to be an in-patient in a hospital or confined to home, the period of such hospitalization or confinement shall be considered sick leave and the remaining vacation shall be rescheduled. Medical note required for proof of illness. The portion of the employee's vacation which is deemed to be sick leave under the above provisions will not be counted against the employee's vacation credits. Christmas and New Years Vacation Scheduling The Employer may grant vacation during Christmas/New Year's period on a rotating seniority basis, subject to a proper vacation request and replacement staff being available. Employees with 2 years or less of full time service are required to work the Christmas/New Years schedule. ARTICLE 21 - EFFECT OF ABSENCE (a) It is understood that both seniority and service will continue to accrue during: approved unpaid absences, not exceeding thirty (30) continuous days; pregnancy or parental leave; family medical leave; approved jury duty leave; approved union leave; or