COLLECTIVE AGREEMENT

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1 COLLECTIVE AGREEMENT BETWE EN THE ESSEX COUNTY LIBRARY BOARD (HEREINAFTER CALLED THE LIBRARY BOARD ) OF THE FIRST PART AND THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL (HEREINAFTER CALLED THE UNION ) OF THE SECOND PART CONTRACT FROM: APRIL CONTRACT TO: MARCH 31, ,2016

2 Contents PREAMBLE.5 ARTICLE 1 MANAGEMENT RIGHTS 5 ARTICLE 2 RECOGNITION, REPRESENTATION AND DEFINITIONS 5 ARTICLE 3 RELATIONSHIP 8 ARTICLE 4 UNION MEMBERSHIP REQUIREMENT 8 ARTICLE 5 CHECK-OFF OF UNION DUES 9 ARTICLE 6 NEW EMPLOYEES 9 ARTICLE 7 CORRESPONDENCE 10 ARTICLES UNION NEGOTIATING COMMITTEE 10 ARTICLE 9 GRIEVANCE PROCEDURE 11 ARTICLE 10 ARBITRATION 13 ARTICLE 11 DISCHARGE AND SUSPENSION CASES 14 ARTICLE 12 SENIORITY 15 ARTICLE 13 JOB POSTING 17 ARTICLE 14 LAYOFF AND RECALL 18 ARTICLE 15 HOURSOFWORK 20 ARTICLE 16 OVERTIME 21 ARTICLE 17 PAID HOLIDAYS 22 ARTICLE 18 VACATIONS 23 ARTICLE19 SICKLEAVE 24 ARTICLE 20 LEAVE OF ABSENCE 26 ARTICLE 21 PREGNANCY AND PARENTAL LEAVE Supplemental Compensation (Pregnancy Leave) Supplemental Compensation (Parental Leave) 31 ARTICLE 22 CLASSI FICATION & RECLASSIFICATION 32 ARTICLE 23 TECHNOLOGICAL CHANGES 32 ARTICLE 24 PAYMENT OF WAGES 33 ARTICLE 25 WAGE MAKEUP - EMPLOYEES IN RECEIPT OF WORKPLACE SAFETY AND INSURANCE PAYMENTS 35 ARTICLE 26 STRIKES AND LOCKOUTS 35 ARTICLE 27 ARTICLE 28 JOB SECURITY 36 GENERAL CONDITIONS 36 Page2ct 51

3 ARTICLE 29 HEALTH AND WELFARE BENEFITS 37 ARTICLE 3D TERMINATION 41 ARTICLE 31 WAGES 41 RE: Sub-Article RE: Short-Notice Staffg List 48 RE: Designated Phone Le 49 RE: Hours of Operation for Admistration (15.1(a)) 50 RE: Staff Replacement 51 Page 3 of 51

4 THIS AGREEMENT MADE THIS 14TH DAY OF FEBRUARY 2017 THE ESSEX COUNTY LIBRARY BOARD (HEREINAFTER CALLED THE LIBRARY BOARD ) OF THE FIRST PART -AND THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL (HEREINAFTER CALLED THE UNION ) OF THE SECOND PART Page4of 51

5 PREAMBLE WHEREAS it is desire of both parties to this Agreement: (a) To mata existg harmonious relations and settle conditions of employment between Library Board and Union (b) To encourage efficiency operation, (c) To promote morale, well-beg and security of all employees bargag unit of Union; AND WHEREAS it is now desirable that methods of bargag and all mailers pertag to workg conditions of employees be drawn up an Agreement; NOW THEREFORE, Parties agree follows: ARTICLE I MANAGEMENT RIGHTS 1.1 The Union acknowledges that it is right of Library Board to hire, promote, demote, transfer, suspend, layoff or orwise disciple and discharge an employee for just cause, provided that procedures contrary to this Agreement are not used and right of Union and/or emp)oyee to lodge a grievance to manner and extent here, provided with it be dealt accordance with grievance procedure hereafter detailed. 1.2 The Union recognizes right of Library Board to operate and manage an efficient and most cost-effective manner and to make and alter from time to time rules and regulations to be obeyed by employees provided such rules and regulations shall not be consistent with provisions of this Agreement. Such rules and regulations and any changes re from time to time shall not be enforced by Library Board until y have been pted on bullet board, or Intranet or by normally used for this purpose and circulated necessary for a period of at let one (1) week. ARTICLE 2 RECOGNITION, REPRESENTATION AND DEFINITIONS 2.1 The Library Board recognizes Union sole and exclusive bargag agent for all employees of Library Board save and except one (1) Manager of Community Services, one (1) Manager of Information Services, one (1) Manager of Public Services, persons above rank of Page5of 51

6 Manager, Admistrative Assistant - HR, Admistrative Assistant - Fance, Janitors, Student Desk Clerks and students employed durg school vacation periods. 2.2 No employee shall be required or authorized to make any written or verbal agreement which may conflict with terms of this Agreement. 2.3 In respect of employees covered by this Agreement, Library Board shall not recognize durg duration of this Agreement any or bargag agent respect of any matters here dealt with. 2.4 Right of Fair Representation The Union shall have right at any time to have sistance of representatives of Canadian Union of Public Employees when dealg or negotiatg with Library Board. Such representative(s) shall upon request be granted reonable access to Library Board s premises order to deal with any matters arisg out of this Collective Agreement. 2.5 Right to Have Steward Present Where a Manager tends to terview an employee for disciplary purposes, Manager shall so notify employee advance of purpose of terview order that employee may contact ir steward to be present at terview. 2.6 Employee(s) shall mean a person employed with bargag unit described this Agreement. 2.7 Probationary employee(s) shall mean an employee who h not completed requisite probationary period prescribed this Agreement and who h not acquired seniority. 2.8 Seniority employee(s) shall mean an employee who h completed requisite probationary period prescribed this Agreement and who h been retaed employ of Library Board followg completion of requisite probationary period and who h acquired seniority. 2.9 Full-time employee(s) shall mean a seniority employee who is regularly scheduled to work not less than thirty-four and one-half (34%) hours per week Part-time employee(s) shall mean a seniority employee who is regularly scheduled to work less than thirty-four and one-half (34%) hours per week. Page 6 of 51

7 2.11 this Agreement, reference to hours that any employee is regularly scheduled to work shall be conclusively determed by havg regard to hours of work scheduled for that employee set out on Timetable. For purpose of clarity, hours that employee is various programme work, trag, staff signed to or engaged meetgs, book exchanges, replacement of or employees and book sales shall not be counted regularly scheduled to work. determg hours which that employee is 2.12 Temporary employee(s) shall mean a person who is hired by Library Board additional staff for a period of up to ten (10) consecutive weeks any period of thirteen (13) consecutive months or a person who is hired by Library Board for a period of up to thirteen (13) consecutive months to replace an employee who is on a Leave of Absence (e.g. Pregnancy Leave; Vacation) or to replace a seniority employee who is fillg a posted limited term vacancy provided sub-article 13.01(b). No seniority employee shall be laid off or have ir hours of work reduced a result of employment, by Library Board, of a temporary employee. The only provision of this Agreement which applies to temporary employees is this sub-article. However, a temporary employee pay of applicable clsification set out than low Schedule be paid rate of A at not less pot on wage grid. Provided, however, that a temporary employee shall pay same Union dues a seniority employee workg same hours and such dues temporary employee and remiffed to Union seniority employees. be deducted from pay of same manner with 2.13 Grant employee(s) shall mean a person who is hired by Library Board through federal, provcial or municipal government grant programmes. No seniority employee shall be laid off or have ir hours of work reduced a result of employment, by Library Board, of a grant employee, nor a grant employee perform any work normally done by members of bargag unit. The only provision of this Agreement which applies to grant employees is this sub-article Workg days when used this Agreement shall be calculated exclusive of Saturdays, Sundays and paid holidays provided this Agreement. Page7of 51

8 ARTICLE 3 RELATIONSHIP 3.1 a) The Library Board and Union mutually no employee shall be any manner discrimated agt, restraed or fluenced, of ir race, sex, religious affiliation, national orig, or non-membership any labour organization or by of any activity or lack of activity any labour organization. because agree that harsed, coerced, reon b) In keepg with prciples of Human Rights code, Library Board that discrimation and any form on part of co-workers, contract personnel, vendors or ors who may be to have authority on behalf of Library Board to carry out or is prohibited. agrees management, duties deemed services harsment c) Should an employee or believe that y have or discrimated agt, defed by Ontario Human Rights Code, shall have right to file a under Collective Agreement. y employees grievance been harsed 3.2 The Library Board and Union recognize that this Agreement is to all Government regulations y apply to cludg staff, and to Library Board. management employees, subject 3.3 To harmonious relationships between parties hereto, any problems confrontg Union, and which are not likely to be of a grievance shall be with appropriate Manager and CEO/Chief Librarian. If a satisfactory to Union is not Union may so form writg of Library Board, who shall refer matter to Chairperson of Library Board. create reached, discussed settlement Secretary subject 3.4 An employee may view ir file upon with not less two (2) workg days notice, to appropriate Manager. The employee is entitled to have a copy of any item ir file upon payment of for such copy. cost personnel personnel request, 3.5 The parties ancillary form of Letters of Understandg form part of Collective Agreement for duration of Collective Agreement unless orwise mutually upon. agree that documents agreed than ARTICLE 4 UNION MEMBERSHIP REQUIREMENT 4.1 With one (1) week of signg of this Agreement, all employees of Page8ot 51

9 Library Board shall, a condition of employment, and rema good standg of Union, accordg to Constitution and By-Laws of Union. As a condition of employment, all new shall and rema members good standg of Union with (3) members three become calendar months of employment. become employees ARTICLE 5 CHECK-OFF OF UNION DUES 5.1 The Library Board shall from every employee any or levied by Union on its members. fees, sessments deduct dues, itiation 5.2 Deductions shall be forwarded one to of Union not later than 10th day of followg month for which shall be by a list of of th employees from whose wages have dues were levied. The cheque cheque accompanied deductions Secretary-Treurer been made. names 5.3 The Library Board shall clude amount of union paid by Union previous on employee s Income Tax (T-4) slip. member year dues each 5.4 The Union shall demnify and Library Board with to all claims and Library Board by an employee a result of deduction and remittance of by Library Board to this Article. respect pursuant save demands made agt harmless dues 5.5 The Union shall notify Library Board writg at one (1) month of any of such deductions. advance change amount let ARTICLE 6 NEW EMPLOYEES 6.1 The Library Board to new fact Union Agreement is effect, and with conditions of employment out Articles 4 and All new Library Board on employees agrees shall be acquat presented commencement employees with that set with a copy of this Agreement by of employment. a Page9of 51

10 ARTICLE 7 CORRESPONDENCE 7.1 All parties, arisg out of this Agreement cidental reto, shall to and from CEO/Chief Librarian or or appropriate Manager or author of Unit Chair, of Union and National of CUPE. It is understood that all and shall be updated from time to time and shall be forwarded writg to CEO/Chief Librarian soon possible. correspondence between designate ps correspondence with a copy to addresses Representative Sub designate, Secretary or names 7.2 In terest of timely communication relatg to mailers arisg from Collective Agreement, it is methods of conveyg parties shall clude, but not be limited to electronic mail, or registered post and forms of modern communication which are In of requirg a signature it must be by mail or with pdf soon possible correspondence between correspondence attached general agreed that deemed acceptable. reafter. or ces sent The Library Board shall provide annually, to Recordg of Union, an updated list of bargag unit members. Such list shall clude contact and of bargag unit members who have authorized Library Board to do so. personal numbers addresses those Secretary ARTICLE 8 UNION NEGOTIATING COMMITTEE 8.1 The Library Board shall recognize a Negotiatg Committee of up to four (4) Union of CUPE Local 2974 follows: one (1) unit chair, no more than two (2) from branch locations, and one (1) from admistrative office. Failg of dicated, Library Board shall recognize a Negotiatg Committee of up to (3) Union from CUPE Local The Negotiatg Committee shall receive ir regular hourly rate of pay for all hours y would have worked on a of negotiations with Library Board occur, but not and a half (7.5) hours a day. Library Board that Union s Negotiatg Committee shall also be comprised of Union of Library Board, Union shall its own discretion determe. three Representatives representatives recognizes such representation day exceedg seven representatives, who are not sub designates The employees PagelOof 51

11 8.2 Notwithstandg Article 8.1, and with exception of time sociated with arbitrations, time spent meetgs with CEO/Chief Librarian or Managers while performg union duties arisg out of Collective Agreement shall be considered time worked. Payment for such time shall one day. not be for more than seven and a half (7.5) straight time hours ARTICLE 9 GRIEVANCE PROCEDURE 9.1 The Parties to this Agreement are agreed that: a) it is of utmost importance to adjust complats and grievances quickly possible. b) a grievance shall be defed any difference arisg out of terpretation, application, admistration, or alleged violation of this Collective Agreement. Employees shall have no rights to grievance procedure until y have completed probationary period defed Articles 12. 3(a) and (b). 9.2 No employee attendg grievance meetgs shall suffer loss of remuneration. time. In addition, all meetgs shall be at a mutually agreed upon 9.3 No employee shall file a grievance under Article 9.3 until employee h first discussed or attempted to settle ir complat with appropriate Manager or designate, with four (4) workg days of day durg which circumstances givg rise to ir complat occurs, or notice reof first comes to ir attention. Failg settlement of complat with four (4) workg days followg day upon which employee first made complat known to appropriate Manager or designate, employee may present a grievance accordance with Article Grievances volvg employees properly arisg under this agreement shall be dealt with accordance with followg procedure: No grievance shall be considered where circumstances givg rise to occurred or origated more than fifteen (15) full workg days after response from appropriate Manager or designate outled 9.3 above. Article it Page 11 of 51

12 Step 1 An employee who a grievance shall forward it, writg, to Union, which turn shall forward it writg to appropriate Manager. The appropriate Manager or shall have a meetg with Union Steward and of Union with ten (10) workg days after Manager received grievance. The Manager, or shall forward a reply to grievance, Article 7.1 with three (3) workg days after meetg. h designate representatives designate, accordance with provisions of Step 2 If reply of Manager, or Step 1 is not satisfactory to Union, Union may forward grievance, writg, to CEO/Chief Librarian, or with (3) workg days after reply of Manager, or delivered Step 1. The CEO/Chief Librarian, or and a of Library Board shall meet with Union Steward and of Union, if ir is by eir party, promptly possible after receipt of grievance. The CEOfChief Librarian, or shall forward a reply to grievance, with provisions of Article 7.1, with three (3) workg days after meetg. presence designate, above designate, designate, w designate, Representatives requested three member accordance designate, Step 3 If reply of CEO/Chief Librarian provided 2 is not satisfactory to Union, grievance may be referred by eir party to a Board of Arbitration or a sole Arbitrator, provided here, at any time with twenty-one (21) days after reply of CEO/Chief Librarian w delivered but not later. Step 9.5 Replies to grievances shall be writg at all times. 9.6 Grievances settled satisfactorily with time allowed shall time that grievance w filed. date from 9.7 The Library Board shall supply meetgs. necessary facilities for grievance 9.8 Where a dispute volvg a question of application or terpretation occurs or where a group of or Union a grievance, such a question or grievance may be directly submitted to CEO/Chief Librarian for consideration and any prior of Grievance Procedure may be by-psed. 9.9 The time limits forth upon mutual Union. anytime set general employees steps h Grievance may be at writg, of Library Board and agreement, Procedure extended Page 12 of 51

13 9.10 Notwithstandg anythg contaed this Agreement, provisions of this Article and provisions of Article 10 of this Agreement do not apply to probationary employees nor shall provisions of this Article or provisions of Article 10 of this Agreement be available to Union on behalf of any probationary employee. ARTICLE 10 ARBITRATION 10.1 Arbitration Both parties of this Agreement agree that any dispute or grievance concerng terpretation or alleged violation of Agreement, which h been properly carried through all steps of Grievance Procedure outled Article 9 above and which h not been settled, be referred to a sole Arbitrator, at request of eir of parties hereto. When eir party requests that a grievance be submitted to arbitration, request shall be made writg addressed to or party of Agreement. With fourteen (14) days reafter each party shall notify or party of names of arbitrators for consideration. If recipient of notice fails to appot an Arbitrator, with seven (7) days, appotment shall be made by Mister of Labour upon request of eir party, and said Mister shall appot an Arbitrator Who May be an Arbitrator No person shall be selected an Arbitrator who: (a) is actg, or h with a period of six (6) months precedg date of his appotment acted capacity of solicitor, legal advisor, counsel, or paid agent of eir of parties. (b) h any pecuniary terests matters referred to Arbitration Decision of Arbitrator The decision of Arbitrator shall be fal and bdg on all parties, but no event, shall Arbitrator have power to alter, modify, or amend this Agreement any respect. Page 13 o151

14 10.4 Expenses Each party shall pay one half of expense, if any, of Arbitrator Amendg of Time Limits The time limits fixed both grievance and arbitration procedure may be extended by consent of parties to this Agreement Witness At any stage of grievance or arbitration procedure, parties may have sistance of employee(s) concerned witnesses and or witnesses. All reonable arrangements be made to permit conferrg parties or arbitrator(s) to have access to any part of Library Board s premises to view any workg conditions which may be relevant to settlement of grievance The provisions of this Article do not apply to probationary employees nor shall provisions of this Article be available to Union on behalf of any probationary employee. ARTICLE 11 DISCHARGE AND SUSPENSION CASES 11.1 Save and except a probationary employee, any employee may be dismissed only for just cause and only upon authority of Library Board or CEO/Chief Librarian or designate. Such employee and Union shall be advised promptly reon of such dismissal. writg by CEO/Chief Librarian for 11.2 Should it be found upon vestigation that an employee h been unjustly suspended or discharged, such employee may be immediately restated ir former position, without loss of seniority, and may be compensated for all time lost at rate equal to ir normal earngs durg pay period next precedg such discharge or suspension, or by any or arrangement to compensation which is just and equitable of parties or opion opion of sole Arbitrator, ce may be A disciplary record an employee s personnel file be removed after twelve (12) months providg no disciple of a similar nature h been recorded file durg previous twelve (12) months Where Employer tends to disciple, discharge or suspend an Page 14 of 51

15 employee, it shall be acted upon with ten (10) workg days of Employer s knowledge of occurrence. ARTICLE 12 SENIORITY 12.1 Seniority is defed length of contuous service of a permanent bargag unit employee with Library Board. Seniority shall operate on a bargag-unit-wide bis unless orwise provided (a) When an employee h completed requisite probationary period prescribed this Agreement and h been retaed employ of Library Board, such employee shall become a seniority employee and shall be signed a seniority date, which date shall be employee s lt date of hire an employee of Library Board (b) The Library Board shall mata a seniority list showg each employee s current job clsification and date upon which each employee s service commenced, cludg all probationary employees, whose names shall appear on seniority list with an terisk beside names. Where two or more employees have same date of hire, seniority order shall be accordance with date of application. An up-to-date seniority list shall be sent to Union and posted on tranet (electronic bullet board) and distributed electronically to all or employees, applicable, January and July of each year. (a) Full-time employees shall be on probation for a period of three (3) consecutive calendar months. This probationary period shall be extended to compensate for any absence(s) if accumulated total of such absence(s) is 10% or more of hours an employee is regularly scheduled to work durg probationary period. Such extension shall be for same number of hours such absence(s). The employment of such employees may be termated at any time durg probationary period. PagelSol 51

16 (b) Part-time employees shall be on probation for a period of six (6) consecutive calendar months. This probationary period shall be extended to compensate for any absence(s) if accumulated total of such absence(s) is 10% or more of hours an employee is regularly scheduled to work durg probationary period. Such extension shall be for same number of hours such absence(s). The employment of such employees may be termated at any time durg probationary period. (c) A part-time employee who h completed ir probationary period and who is successful applicant for a full-time position shall not be required to complete anor probationary period An employee shall lose ir seniority and ir employment may, at sole discretion of Library Board, be termated (a) retires or resigns; if such employee: (b) is discharged for just cause and is not restated pursuant to terms of this Agreement; (c) is absent from work, without leave of absence for more than two (2) consecutive scheduled days of work, unless re w reonable justification for such absence; (d) is laid off and fails to report for work with five (5) calendar days from receipt of employer s notice of recall by registered mail to return to work, unless employee can substantiate that y are unable to return to work with a medical note, and furr provided that such employee immediately upon ir recovery shall report to Library Board for work. (e) is laid off for a period of more than twenty-four (24) consecutive months Any employee transferred to a position outside of bargag unit shall reta but not accumulate seniority durg such transfer. If Library Board transfers employee back to bargag unit with one (1) employee requests to be transferred back to bargag unit with said one (1) year period, year from date of transfer, or employee shall return to bargag unit with seniority which y had at time of itial transfer. if If, however, such employee is not transferred back to bargag unit with said one (1) year period, such employee Collective Agreement. No employee shall be transferred outside lose all of seniority and rights and benefits under bargag unit without ir written consent. Page l6of 51

17 12.6 No employee shall be transferred to anor position bargag unit without ir written consent. ARTICLE 13 JOB POSTING 13.1 (a) When a permanent vacancy occurs with bargag unit described Article 2 of this Agreement result of death, termation, retirement or resignation of a seniority employee, or when a new position is created with bargag unit, Library Board, if it decides to fill vacancy, post notice of vacancy for a period of six (6) workg days order to allow seniority employees to apply. (b) A limited term vacancy is defed a vacancy resultg from an employee beg absent on an approved leave of absence for a period excess of two (2) consecutive calendar months. A limited term vacancy be posted accordance with provisions of this Article but subject, all respects, notwithstandg any or provision contaed this Agreement, to provisions contaed this sub-article. The benefits for an employee fillg a limited term vacancy shall rema at level previous to acceptg limited term vacancy. When absent employee returns to work, employee fillg limited term vacancy revert to ir regular job (i.e. job y had prior to beg signed to fill limited term vacancy) The job postg shall conta followg formation: location, job clsification, qualifications which applicant must possess, knowledge and/or education which applicant must possess, identification of any particular skills required of applicant, hours which applicant be regularly scheduled to work and wage grid for posted position The Library Board consider followg factors determg which, if any, of applicants is to be awarded posted position: (a) requirements of posted position and qualifications and ability of applicants to satisfactorily perform requirements of posted position; and (b) seniority. Page

18 When factor (a) is relatively equal factor (b) govern. between two (2) or more applicants, 13.4 The applicant be given a trial period of (3) trial period, Library Board that applicant is not performg job satisfactorily, that applicant shall be returned to ir former position to extent possible and any affected by ir return shall likewise be returned to ir former positions to extent possible. The applicant may, at any time durg trial period, to be returned to ir former position and such shall be honoured to possible and any affected by ir return shall likewise be returned to ir former positions to extent possible. The position shall n be with Collective Agreement. successful calendar months. If, at any time durg determes persons reposted persons request accordance request successful three extent consecutive 13.5 If no applications are received from or if none of applicants is awarded posted vacancy, Library Board may fill such manner it vacancy determes. employees 13.6 Applications for job postgs shall be submitted followg procedures. posted HR 13.7 The Union shall be notified of all job postgs and applicant. successful name of 13.8 The Library Board shall provide time off, without of pay or seniority, if for any seniority employee who is required by Library Board to write any that result improvg employee s ability to perform ir job with Library Board. The employee shall submit a written to appropriate Manager for time off at one (1) week prior to when time off is to be taken. necessary, let exams request course loss 13.9 The Library Board shall not unit until job is posted ternally. advertise any positions outside bargag ARTICLE 14 LAYOFF AND RECALL 14.1 (a) (b) A layoff for a full-time employee shall be defed workforce or reduction hours regularly dividual. A layoff for a part-time employee shall be defed workforce or a reduction of than thirty greater scheduled percent a reduction to work by an a reduction (30%) of hours Pagelsof 51

19 regularly scheduled to work by an dividual on a weekly average bis. (c) The Library Board shall give ten (10) calendar days written notice to employees who are to be laid off or pay lieu reof for reduction hours such employees are regularly scheduled to work or such longer period and/or pay may be required by Employment Standards Act, 2000, amended from time to time In event of a layoff, followg procedures shall apply: (a) The location and Job Clsification with which layoff is to occur be identified. (b) Affected employee(s) shall be laid off verse order of seniority. (c) An employee who h been identified for layoff or h been displaced a result of a layoff shall be advised writg, and shall be provided followg options, one of which must be exercised writg with four (4) workg days: The determation of wher a Job Clsification is equally rated or lower rated shall be bed on High Grid Pot for that clsification set out Schedule A. In order for any employee to exercise Option 1 noted this article, y must have required skills, ability and competence to perform normal requirements of job. For clarity, a part-time employee may only displace anor part-time employee and a full-time employee may displace eir a full-time or parttime employee. Option 1: Displace any employee an equally or lower rated Job Clsification who h less seniority. When an employee displaces an employee a lower rated Job Clsification, y shall take work schedule of that employee, and receive rate of pay ir new Job Clsification at grid step y held prior to layoff. Option 2: Accept layoff, subject to recall rights for a period of twenty-four (24) consecutive months provided for this Agreement. (a) Recall shall be reverse order of layoff to eir location and clsification from which y have been laid off or to any or location provided employee recalled can satisfactorily perform job to be Page lyof 51

20 done. An employee who does not accept a recall to a different location shall not forfeit ir recall rights accordance with this Agreement. (b) All notices of layoff and recall shall be writg and sent by registered mail with a copy sent to Union. (c) An employee issued a notice of recall have five (5) calendar days from receipt of notice to respond writg to Library Board. (d) If an employee does not accept a recall from location and Job Clsification from which y were laid off, such employee forfeits any or recall rights, unless satisfactory proof is submitted to Library Board that employee cannot return for reon of illness/disability. (e) No new employee shall be hired until laid off employees have been provided an opportunity of recall provided for this Article. ARTICLE 15 HOURS OF WORK 15.1 (a) The regular hours of work for full-time employees at Admistration Office are thirty-four and one-half (341/2) hours per week comprised of four (4) days of seven (7) hours of work each and one (1) day of six and onehalf (614) hours of work. The normal days of work for such employees are Monday to Friday, both days clusive. The normal startg and quittg times for such employees occur between hours of 8:30 AM and 4:30 PM. The regular hours of work for full-time employees at branches shall be 34.5 hours per week, comprised of five (5) days. The normal days of work for such employees are Monday to Saturday both days clusive. The normal startg and quittg times for such employees are 8:00 AM to 8:00 PM. Nothg here shall constitute or be construed constitutg any guarantee of hours of work, days of work or startg or quittg times. (b) The regular hours of work for Virtual Public Service Librarian are thirtyfour and one-half (341/2) hours per week, comprised of five (5) days. The normal days of work are Monday to Saturday, both days clusive. The normal startg and quittg times for this position occur between hours of 8:00 AM and 8:00 PM. Nothg here shall constitute or be construed constitutg any guarantee of hours of work, days of work or startg or quittg times. Page 20 of 51

21 15.2 Durg each shift of more than five (5) hours of work, each employee who is workg that shift shall be entitled to one (1)fifteen (15) mute paid rest period durg each half of each shift and an unpaid lunch break of one-half ( 4) hour. Durg each shift of three (3) or more hours but five (5) or fewer hours, each employee at Admistration Office who is workg that shift shall be entitled to one (1)fifteen (15) mute paid rest period. ARTICLE 16 OVERTIME 16.1 All overtime must be authorized by appropriate Manager 16.2 All authorized time worked by a full-time employee or by an employee Admistration Office excess of thirty4our and one-half (341/z) hours a week or by a part-time employee Branches excess of thirtyseven (37) hours a week shall be paid for at rate of one and one-half (1 Y2) times employee s regular straight time rate of pay All authorized time worked by an employee excess of seven and one haif (7%) hours daily Admistration Office or eight and one-half (8%) hours daily Branches shall be considered overtime. It is understood that a claim for overtime bed on daily hours cannot be combed with a claim for overtime bed on weekly hours An employee who is called to work by appropriate Manager, or designate, with less than eight (8) hours notice shall be paid a mimum of three (3) hours pay at ir regular straight time rate of pay. This subarticle does not apply to any employee who is replacg anor employee who is absent from work; provided that such a ce, an employee h right to refuse to work additional hours Instead of a ch payment for overtime, an employee and appropriate Manager may agree to time off at overtime rate at a time mutually agreed upon by employee and appropriate Manager. Page 21 of 51

22 ARTICLE 17 PAID HOLIDAYS (a) All employees shall be entitled to followg holidays or any or day proclaimed to be a holiday by Federal or Provcial or County Government: New Year s Day Good Friday Eter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgivg Day Remembrance Day Day before Christm Day Christm Day Boxg Day Day before New Year s Day Family Day (b) In addition to above, all employees after completg one (1) year of service, shall be entitled to a paid float day. The float day shall be granted on a first come first served bis upon a submitted request beg made one (1) week prior to requested date, but orwise may be taken at any time throughout calendar year upon mutual agreement between appropriate Manager and employee concerned. (c) Any employee required to work on specific date each year upon which any of above-mentioned holidays occur shall be paid for that holiday at rate of time and one-half (1%) and shall receive a day off lieu of that holiday near is possible to actual date on which said holiday occurred. (d) Full-time employees who are not scheduled to work on a holiday shall receive a day off lieu with pay of that holiday near is possible to actual date on which said holiday occurred, which shall be an amount equal to hours for which an employee would have been scheduled to work, if scheduled on that day. Part-time employees who are not scheduled to work on a holiday shall receive pay for holiday bed on employee s total amount of regular wages and vacation pay payable four pay periods before work week divided by twenty. which holiday occurs Page22of 51

23 ARTICLE 18 VACATIONS (a) An employee shall receive an annual vacation with pay accordance with employee s length of contuous employment follows: After one (1) year but less than four (4) years 2 weeks After four (4) years but less than eight (8) years 3 weeks After eight (8) years but less than fifteen (15) years 4 weeks After fifteen (15) years but less than twenty (20) years...5 weeks After twenty years (20) 6 weeks (b) Full-time employees shall receive annual vacation with pay contuous earngs for length of ir vacation entitlement provided subarticle 18.1(a) (c) Part-time employees shall receive annual vacation with pay bed on all hours paid to employee save and except payment received from short-term and/or long-term disability plans. Vacation shall be calculated from an employee s Anniversary Date follows: The entitlement for vacation is determed by actual number of paid hours per week X annual vacation entitlement (18.01 (a)) X hourly rate of pay divided by 52 weeks All vacation entitlement must be utilized prior to next employment anniversary date unless mutually agreed upon between employee and appropriate Manager. (d) For workg periods of less than a full year, vacation is pro-rated. (e) Vacation requests, cludg sgle days, must be submitted to appropriate Manager accordance with library procedure. Approval of such requests shall not be unreonably withheld Holidays DurQ Vacation 18.3 Where a paid holiday, defed Article 17 hereof, occurred durg employee s vacation period such employee shall be entitled to one (1) extra day off added to such employee s annual vacation. a) Vacation requests for period between January 1 May 15 for every year be decided upon bed on first-come, first-served bis. Page 23 of 51

24 b) Vacation requests for time period between May 15 and December 31 of each year must be submitted follows: All vacation requests submitted and received by March 15 upon bed on seniority. be decided All vacation requests be replied to with 14 days. Vacation requests submitted after March 15 on availability and on a first-come, first-sewed bis. Vacation requests Request Procedures, which is Agreement be decided upon bed be approved per Essex County Library Vacation accordance with Collective ARTICLE 19 SICK LEAVE 19.1 (a) For employees hired prior to January i. N. iii. iv. v. vi. apply: 1, 2017, followg provisions Each full-time employee shall be entitled to sixty (60) hours of sick time per calendar year to compensate for absences due to illness or jury. Each part-time employee expressed by employee All receive annual sick leave entitlement, hours, on a pro-rata bis, bed on actual hours worked previous calendar year. employees current sick leave banks, at January mataed. Full-time employees be allowed to bank annual sick leave to a maximum of five-hundred and twenty (520) hours. Part-time employees be allowed to bank sick leave on a pro-rated bis, bed on employee s full-time equivalency (bed on employee s actual hours worked previous calendar year). However, employee not be entitled to annual sick leave entitlement until such time that his/her sick leave bank falls under maximum amount set out here. Save and except those employees covered by Article 19.5, an employee s sick leave bank shall not be paid out at cessation of employee s employment, regardless of reon. Employees absent for six (6) or more months ir sick leave entitlement employee s proportionate absence from work. a calendar year be have followg year pro-rated bed on An employee who is absent for more than three (3) consecutive work days be required to apply for short term disability benefits with provisions of Article 29.3 or 29.4, ce may be. accordance Page 24 of 51

25 vu. An employee be permitted to use his/her sick leave bank for periods of illness or jury not exceedg three (3) consecutive work days; to tap-up short term disability, long term disability or WSIB benefits ( permitted by law) to 100% of employee s regular wages; or period of time required to adjudicate a short-term disability claim (cludg all appeal processes of short-term disability carrier regardg a short-term disability claim that is denied) (b) For all employees hired after January i. U. iii. iv. v. apply: , followg provisions Each full-time employee shall be entitled to sixty (60) hours of sick time per calendar year to compensate for absences due to illness or jury. Each part-time employee expressed by employee New employees receive annual sick leave entitlement, hours, on a pro-rata bis, bed on actual hours worked previous calendar year. receive sick leave entitlement, from date of hire until end of his/her first calendar year of employment that prorated bed on hours of work that new employee is regularly scheduled to work on Timetable, defed Article Employees absent for six (6) or more months have followg year pro-rated bed on ir sick leave entitlement employee s proportionate absence from work. be a calendar year Sick hours are not transferrable to next calendar year. Unused sick be paid to employee at ir wage rate of December 31 of given year. Payment followg New Year. hours be made with first two (2) pay periods of 19.2 The amount of sick leave paid with respect to any sick day shall be equal to employee s regular straight time rate of pay for hours that employee is regularly scheduled to work on that day. Sick leave paid to employees event: be 1) 2) A Manager required employee to work; The hours that were to be worked by employee were durg hours that branch w open to public and duties required were to serve public at large A Doctor s certificate must be presented to appropriate Manager for a sickness of three (3) or more consecutive workg days. Page 25 of 51

26 Where is a pattern of sick leave use, Employer may require a Doctor s certificate for a of than (3) days duration. The Employer shall reimburse employee for any cost, to a maximum of thirty dollars ($30.00), for such Doctor s certificate. re suspicious sickness less three 19.4 As of February 1 5th of year, Library Board shall to employee, a of employee s sick leave credits of 31, of precedg year. Unless employee files an objection, writg, with appropriate Manager, on or before 15th of March of year, of sick leave credits aforesaid be conclusively deemed to be December each employees statement each that statement accurate. issue each 19.5 All hired on or before 26, 1979, shah, upon retirement or resignation, be entitled to a payment of fifty (50%) of employee s sick leave credits at time of retirement or resignation, provided amount of payment shall not an amount which is equal to six (6) months wages bed on hours employee is regularly to work, on a weekly bis, which such employee would have at ir regular straight time rate of pay at time of ir retirement or resignation. that that scheduled earned September average exceed percent 19.6 Any employee who is unable to report for work to illness or jury shall notify appropriate Manager, or no later than 8:45 AM on day on which employee is unable to report for work if such person is an employee Admistration Office and, if such is an employee a Branch, notification shall be given possible such designate, accordance with written Library procedure. due person soon ARTICLE 20 LEAVE OF ABSENCE 20.1 An employee may be entitled to a leave of without loss of seniority when y leave for good and sufficient Such shall be writg with much notice possible. If leave is not more than thirty (30) duration such to appropriate Manager. If leave is more than thirty (30) duration such be made to CEO/Chief Librarian. cause. request be made days request request such requests absence without pay and days If leave is for education such leave may only be approved if it is for of obtag a professional librarian from a recognized university or diploma which qualified employee a library technician from a recognized community college. purpose purposes degree which qualified employee Page 26 of 51

27 Leave of absence requests shall be responded to with fourteen (14) days of request beg received. Such requests shall not be unreonably withheld Any leave of absence may be immediately cancelled false pretenses, and if if obtaed under employee does not immediately report for work after three (3) days of receivg notification of cancellation, by Registered Mail y may lose all seniority A leave of absence without pay or benefits shall be granted accordance with Article 20.1 to employees who are members of Union when such employees are actg delegates to any regularly called Union convention or semar, ternal union busess or meetg with C.U.P.E. staff. Two (2) weeks written notice shall be given to appropriate Manager prior to commencement of such leave of absence. Such employees and contue to be paid at ir regular straight time rate of pay contue to be enrolled benefits provided throughout period of leave of absence and Union Library Board for all such wages and costs of all such benefits so paid. this Agreement reimburse 20.4 An employee who is elected or selected for a full-time position with Union or anybody with which Union is affiliated, may be granted a leave of absence without pay fora maximum period of two (2) years. Such employee shall not accumulate seniority nor be entitled to benefits durg such leave Where a leave of absence is granted 20.6 for personal reons, seniority thirty (30) calendar days. If excess of thirty (30) calendar days accrue durg such leave for first any employee is granted a leave of absence excess of thirty (30) calendar days, such employee may at ir option contue payment of any benefits to which y may be entitled under this Agreement. (a) Full-Time: A fufl-time employee who notifies ir Manager, or Admistrative designate soon possible followg a death shall be granted bereavement leave up to five (5) consecutive calendar days, without loss of wages and benefits from regularly scheduled days, death or funeral of a parent, spouse, child, or stepchild. conjunction with A full-time employee who notifies ir Manager, or Admistrative designate soon possible followg a death shall be granted bereavement leave up to three (3) consecutive calendar days, without loss of wages and benefits from regularly scheduled days, conjunction with Page 27 of 51

28 or funeral of a bror, sister, mor--law, far--law, bror--law, sister--law, grandchild, step-far, son--law, daughter--law or any relative who residg employee. If service 500 km from County of and employee service, shall be up to five (5) leave without loss of wages and benefits. death grandparent, step-bror, step-sister, h been occurs more attends consecutive calendar days step-mor, than same household employee Essex granted Notwithstandg above, full-time be flexibility to distribute ir leave entitlement over two (2) not to ir entitlement above, to attend a funeral [ memorial service, which may occur at a later date. exceed bereavement designate soon bereavement employees order granted occions, Part-ti me: A part-time possible followg a shall be granted leave up to five (5) days, without loss of wages and benefits from regularly days, conjunction with or funeral of a parent, child, or stepchild. death designate bereavement employee who notifies ir Manager, or Admistrative death consecutive calendar spouse, scheduled A part-time soon followg a shall be leave up to (3) days, without loss of wages and benefits from regularly days, conjunction with or funeral of a bror, sister, mor--law, far--law, bror--law, sister--law, grandchild, step-far, son--law, daughter--law or relative who residg death employee who notifies ir Manager, or Admistrative granted consecutive calendar possible three grandparent, step-bror, step-sister, If service employee h been step-mor, death scheduled same household occurs more than 500 km from attends consecutive calendar days any employee. County of and service, shall be up to five (5) leave without loss of wages and benefits. employee granted Essex Notwithstandg above, part-time be flexibility to distribute ir leave entitlement over two (2) not to ir entitlement to attend a funeral! memorial service, which may at a later exceed bereavement above, occur employees order date. granted occions, (b) Where an employee s vacation is terrupted to employee shall be entitled to leave provided sub-articles (a) and (b), and employee s vacation bank shall be credited with equal of days leave. bereavement, scheduled amount bereavement due bereavement Page 28 of 51

29 20.7 If funeral of an employee s uncle, aunt, niece or nephew occurs on a regularly scheduled work day, or if an employee h agreed to act a pallbearer or active participant at a funeral or memorial service, such employee shall be entitled to that day off with no loss pay An employee shall be allowed a maximum of one-half (%) day off without loss of salary or wages to attend funeral of a close friend or first cous providg such absence h been approved by appropriate Manager or designate The Library Board shall grant a leave of absence without loss of seniority to an employee who is required by subpoena to serve a juror or witness any court. The Library Board shall pay such employee difference between ir normal earngs and any payment she receives for jury service or witness fees, excludg payment for travellg, meals, or or expenses. The employee pay received. present proof of service and amount of Every employee who is qualified to vote shall be granted such time necessary off, without loss of pay, between openg and closg of a federal, provcial or municipal election with applicable legislation, amended from time to time. polls to vote accordance ARTICLE 21 PREGNANCY AND PARENTAL LEAVE 21.1 Requests for a leave of absence for reons of pregnancy and/or parental leave shall be granted accordance with Employment Standards Act, 2000, S.O. 2000, c.41, and all amendments reto An employee who is pregnant and who h been employed for at let thirteen (13) weeks precedg expected birth date, shall be entitled to a duration, which leave may beg no earlier than seventeen (17) weeks before her due date and pregnancy leave of up to seventeen (17) weeks day on which she gives birth or no later than her due date and day on which she gives birth (Section 46(2) and (3.1)). The employee shall give written notice two (2) weeks prior to date upon which she tends to commence pregnancy leave and provide a certificate from a legally qualified medical practitioner statg expected birth date. by her pregnancy, notice and certificate referred to above shall be If an employee stops workg because of complications caused provided with two (2) weeks of stoppg work (Section 46 (5) and (6)). Page 29 of 51

30 The pregnancy leave of an employee who is not entitled to take parental leave ends on later of date that is seventeen (17) weeks after pregnancy leave began or day that is six (6) weeks after birth. An employee may end pregnancy leave by givg Library Board at let four (4) weeks written notice (Section 47 (1)) An employee who h been employed by Library Board for at let thirteen (13) weeks and who h become a parent eir through birth of ir child or comg of child to custody, care and control of employee for first time, is entitled to, up to thirty4ive (35) weeks parental leave if employee took pregnancy leave and up to thirty-seven (37) weeks parental leave orwise. Such leave must commence with fifty-two (52) weeks of day child w born, or comes to custody, care and control of employee for first time. Parental leave for an employee who h taken pregnancy leave must commence at end of pregnancy leave unless child h not come to care of parent by that time. An employee must give two (2) weeks notice to CEO/Chief Librarian or appropriate Manager of commencement of parental leave unless child comes to custody, care and control of employee sooner than expected, which ce, notice must be given to Library Board with two (2) weeks of stoppg work. An employee may end parental leave at any time by providg at let four (4) weeks written notice to CEO/Chief Librarian or appropriate Manager (Section 48) Where an employee h given written notice to beg eir a pregnancy or parental leave, that notice may be changed to an earlier or later date on provision of at let two (2) weeks notice to CEO/Chief Librarian or appropriate Manager. Where notice to end a pregnancy or parental leave h been given, that notice may be changed if employee gives at let four (4) weeks written notice to CEO/Chief Librarian or appropriate Manager (Section 49) Employees be enrolled and/or contue to be enrolled benefit plan per Article 29 of Collective Agreement. Durg an employee s leave under this Article, Library Board shall contue to make its contributions for any plan outled Article 29, unless employee gives Library Board a written notice that employee does not tend to pay employee s contributions, if any (Section 51(3)) Employees parental leave. contue to accumulate seniority durg pregnancy and/or Page 30 of 51

31 21.7 Upon conclusion of an employee s leave under this Article, Library Board shal I restate employee to position employee most recently held with Library Board, position, if it does not (Section 53 (1). if it still exists, or to a comparable The restated employee shall be entitled to be paid wages employee w earng at time leave commenced, or wages employee would be earng whichever is greater (Section 53 (2) and (3)). if employee worked throughout leave, 21.8 Supplemental Compensation (Pregnancy Leave): (a) Effective on confirmation by Canada Employment Insurance Commission of appropriateness of Library Board s Supplementary Unemployment Benefit (SUB) Plan, an employee who is on pregnancy receipt of Employment Insurance Pregnancy Benefits pursuant to Section 22 or 23 leave provided this Article who h applied for and is of Employment Insurance Act shall be paid a Supplemental Unemployment Benefit for a period not exceedg fifteen (15) weeks. The supplement shall be equivalent to difference between eighty (80%) percent of her normal weekly wage earngs and sum of her weekly Employment Insurance benefits and any or earngs. Receipt by Library Board of employee s Employment Insurance cheque stubs shall constitute proof that she Benefits. is receipt of Employment Insurance Pregnancy (b) The employee s normal weekly wage earngs shall be determed by multiplyg her regular hourly rate on her lt day worked prior to commencement of leave times hours she is regularly scheduled to work on a weekly average bis plus any wage cree or wage crement that she would be entitled to receive pregnancy leave. if she were not on a (c) When payment is added to employee s weekly benefits, total shall not exceed employee s normal weekly wage earngs defed sub-paragraph (b) above, or a hundred (100%) percent of gross wages Supplemental Compensation (Parental Leave): (a) Effective on confirmation by Canada Employment Insurance Commission of appropriateness of Library Board s Supplementary Unemployment Benefit (SUB) Plan, an employee who is on parental leave receipt of Employment Insurance Parental Benefits pursuant to Section 22, or 23 of provided under this Article, who h applied for and is Page 31 of 51

32 Employment Insurance Act, shall be paid a Supplemental Unemployment Benefit for a period not exceedg ten (10) weeks immediately followg pregnancy leave. That benefit shall be equivalent to difference between eighty (80%) percent of employee s normal weekly wage earngs and sum of his/her weekly Employment Insurance Benefits and any or earngs. Receipt by Library Board of employee s Employment Insurance cheque stubs that employee is serve proof receipt of Employment Insurance Parental Benefits. (b) The employee s normal weekly wage earngs shall be determed by multiplyg employee s regular hourly rate on ir lt day worked prior to commencement of leave times hours y are regularly scheduled to work on a weekly average bis plus any wage cree or wage crement that employee would be entitled to a parental leave. if y were not on (c) When payment is added to employee s weekly benefits, total shall not exceed employee s normal weekly wage earngs defed sub-paragraph (b) above or a hundred (100%) percent of gross wages. ARTICLE 22 CLASSI FICATI ON & RECLASSIFICATION 22.1 The Library Board shall prepare a new job description whenever a job is created or whenever duties of a job change substantially. Where Union and/or an employee feels a job, which h changed substantially is unfairly or correctly clsified, or when a new job is created or established, rate of pay shall be subject to negotiations between Library Board and Union. reclsification and/or rate of pay for lob If parties are unable to agree on question, such dispute shall be submitted to grievance and/or arbitration for determation. The new rate shall become retroactive to time new position w first filled by employee or date of change job duties. ARTICLE 23 TECHNOLOGICAL CHANGES 23.1 Where troduction of technological change or new method of operation displace (or result layoff of) any employee, Library Board shall notify Union of its tention to implement such technological change or new method of operation and discuss its implications with Union before puttg such technological change or new method of operation place. The Library Board provide alternative employment for such employees. make every effort to retra or to Page 32 of 51

33 23.2 The Union shall have put on ergonomic suitability of work statidns. ARTICLE 24 PAYMENT OF WAGES 24.1 The Library Board shall pay wages every two (2) weeks. Each employee shall receive a prted summary of ir wages and deductions for each pay. The wages shall be paid accordance with Wage Grid Schedule A to this Agreement All new employees shall be hired at not less than low pot on Wage Grid. All employees shall progress one step up to Wage Grid annually until such time y reach high pot with Wage Grid. At Library Board s discretion, se time limits may be shortened Higher Rankg Pay (a) Where any employee is, at request of a Manager, required to perform duties of a higher-rankg position, such employee shall be paid at rate on gridle of higher-rankg position that provides an cree. To be eligible for such higher-rankg pay, employee must perform such duties for a period of two (2) consecutive days. Payment commence from first day of approved scheduled absence. (b) an employee is promoted to a higher-rankg position such employee shall be paid appropriate wage grid value, which shall be next above If employee s present rate. Such employee shall proceed through new wage grid accordance with employee s anniversary date new position. All wage adjustments be effective from said date. (c) If an employee accepts a lower rankg position, y shall receive a rate of pay for that position at same grid le y currently hold and shall advance on grid usual. Page 33 of 51

34 24.4 Long Service Pay In recognition of prciple that a long service employee is of creed value to Library Board through ir acquired knowledge and experience, Library Board agrees to Long Service Pay with followg table: After After 10 years of service $ years of service $ After 15 years of service $ After 20 years of service $ After 25 years of service $ accordance (a) Long Service Pay for full-time employees accordance with table noted above. be paid each year (b) Long Service Pay for part-time employees shall be bed upon all paid hours, save and except payment received from short term and/or longterm disability plans, period immediately precedg fal pay calculated follows: fifty-two (62) weeks from lt day of pay November of each year Paid Hours = hours per week 52 weeks 34.5 Hours x amount of Long Service Pay Long Service Pay shall be paid on fal pay It November of each year. is bed on years of service of November 30, of each year. On severance or retirement an employee shall receive Long Service Pay calculated on a pro-rata bis from date of previous calculation to date of departure. Service Pay event of an employee s death, Long be paid to employee s estate. In 24.5 Save and except employee shall receive a reduction event of layoff or disciplary meures, no accordance with or terms of this Agreement Automobile Allowances wages unless such reduction is For use of personal vehicles for purpose of Library Board s reimburse employee s approved mileage claim at a rate per kilometer travelled established by busess, Library Board Canada Revenue Agency at rate allowance a tax-exempt allowance. Page 34 of 51

35 The Library Board shall advise Union writg by December31 of year of rate to effect of 1, of followg year. The Library Board rate shall not be less than $0.30/kilometer. each take agrees that January ARTICLE 25 WAGE MAKEUP - EMPLOYEES AND INSURANCE PAYMENTS IN RECEIPT OF WORKPLACE SAFETY 25.1 An employee who is receipt of payment to Workplace Safety and Insurance Act shall, provided such employee sick leave credits and for so long do, contue to be paid by Library Board ir regular straight time weekly rate of pay determed by Workplace Safety and Board subject to followg conditions: y Insurance pursuant h (a) (b) (c) (d) Employees shall remit all monies received from Workplace Safety and Insurance Board to Library Board immediately upon receipt of any monies from Board where employee is beg paid directly by Library Board; Workplace Safety and Insurance Employees shall every to Library Board to have Insurance Board remit ir Board while employee is beg paid directly by Library Board; sistance co-operate with Library Board and render Workplace Safety and compensation monies directly to Library An employee, receivg Insurance Act, shall receive difference pay by Library Board, which shall be converted to time and from employee s sick leave credits; compensation under Workplace Safety and deducted When employee no longer sick leave credits, y shall receive only such monies are paid to m by Workplace and Insurance Board. h Safety ARTICLE 26 STRIKES AND LOCKOUTS 26.1 In view of orderly by this Agreement for settlg of and handlg of Union that durg life of this Agreement, re be no strike, picketg resultg slow-down or of work, eir complete or partial, and Library Board that be no lockout. disputes procedures established stoppage re agrees grievances, agrees Page 35 of 51

36 ARTICLE 27 JOB SECURITY 27.1 No employee employ of Library Board of March 31, 2003, shall be laid off durg term of this Agreement, a result of Library Board contractg out such members. all or part, work n beg performed by Persons whose jobs are not jobs, paid or unpaid, which are cluded under followg conditions: Bargag Unit shall not work on any Bargag Unit, except (a) ces of emergencies or unusual circumstances; (b) for purposes of trag or structg employees bargag unit; or (c) for purposes of sistg bargag unit employees on an occional bis. It is furr agreed that work currently shared by bargag unit and nonbargag unit employees is excluded from provisions of this article. ARTICLE 28 GENERAL CONDITIONS 28.1 The Library Board provide a bullet board for use of employees provided that no material Admistration Office be posted on said bullet board unless first approved, Branches, such material may Librarian or designate. For employees be distributed to m through ternal mail system. writg, by CEO/Chief 28.2 The Library Board and employees Health & co-operate to ensure adequate Safety conditions for all employees of Library Board The Union and Library Board desire every employee to be familiar with provisions of this Agreement and ir rights and duties under this reon, Library Board shall prt Agreement with forty-five (45) days of signg and distribute a copy to each employee and to each branch library. it. For 28.4 The Library Board Policy does not abrogate right of any employee(s) of due process provided Human Rights Code 1981 amended It is agreed and understood that all rights, benefits, privileges and workg conditions which employees now enjoy, receive or possess employees of Library Board shall contue to be enjoyed and possessed sofar Page 36 of 51

37 y are agreement between consistent with Agreement but may be modified by mutual Library Board and Union. ARTICLE 29 HEALTH AND WELFARE BENEFITS 29.1 The Library Board pay on behalf of enroll and fact enrolls, premium for followg surance plans: each employee who is eligible to and provcial tax costs sales 29.2 (a) (b) life surance (2 x wages), accidental death and and long4erm disability surance (662/3% to a maximum month) for provided through Sun Life Assurance. coverage dismemberment $4, surance per The Library Board wilt pay on behalf of full-time employee who is eligible to enroll and fact enrolls Extended Health Plan, premium and provcial tax follows: expenses costs each sales Insurance drug (less $3.00/prescription), vision ($ every 24 months), orthodontics (lifetime $2,500.00, 50% co-pay), crowns (annually $1,500.00, 50% co-pay), chiropractic (annually $400.00), hospital and dental for provided through Green Shield expenses supplementary Canada. care expenses supplementary coverage The Library Board pay on behalf of part-time employee who is eligible to enroll and fact enrolls Extended Health Plan listed 29.2(a) above, amount of premium and provcial tax, calculated usg formulae below: First Year: sales each costs Insurance Average number of Hours regularly to work x 34.5 hours scheduled E.H.I.P. Monthly Premium + PST = amount that Library Board pays Followg Years: Actual hours worked = actual weekly hours worked x E.H.I.P. Monthly Premium + PST 52 weeks 34.5 hours = amount that Library Board pays Note: E.H.I.P. = Extended Health Insurance Plan Page 37 ci 51

38 The part-time employee shall pay ir portion of premium costs and provcial sales tax The Library Board shall provide a Short-Term Disability Insurance Plan for each full-time employee and each part-time employee who works fifteen (15) hours per week or more per Timetable(s), and who meets eligibility criteria set out plan. Short-Term Disability Insurance Plan: (a) The Library Board shall provide a Short-Term Disability Insurance Plan through a third-party surance provider. (b) Claims be sessed by surance provider. (c) Qualifyg claims be eligible for payment from fourth calendar day of absence for sickness and first day of jury or hospitalization, and apply for absences not compensated for per Article 19. (d) Coverage be for a maximum of fifteen (15) weeks before LTD eligibility commences. (e) Payment be bed on 76% of weekly earngs to next higher $1.00 to a maximum of $1,400/week. (f) The Board provide each employee with a copy of Short-Term Disability Insurance Plan provided by selected carder The Library Board provide a self-funded Short-Term Disability Plan to each (i) part-time employee hired before January 1, 2017, and who works less than fifteen (15) hours per week, bed on formula set out Article 29.2(b); and/or (U) any employee who is seventy (70) years old or greater, but less than eighty (80) years old, follows: (a) The Library Board shall provide a Short-Term Disability payment for approved claims. (b) Claims be sessed by a third-party claims adjudicator selected by Board. The claims adjudicator advise Board on eligibility of claim. (c) The eligibility criteria set out Short-Term Disability Insurance Plan pursuant to Article 29.3 also apply to claims filed by employees covered Article Page 38 of 51

39 (d) Qualifyg claims be eligible for payment from fourth (4) calendar day of absence for sickness and first day of jury or hospitalization, and apply for absences not compensated for per Article 19. (e) Coverage be fora maximum of fifteen (15) weeks. (f) Payment be 75% of weekly earngs bed on hours employee is regularly scheduled to work on Timetable, defed to next higher $1.00 to a maximum of $1,400/week. Article 2.11, 29.5 The employer pay for costs of any doctor s certificate/forms required for employee to apply/qualify for short-term disability benefits and any subsequent certificates/forms related to said short-term disability benefit may be required from time to time The Library Board pay, on behalf of each full4ime employee and each part-time employee, fifty percent (50%) of contribution required for each such employee pursuant to Ontario Municipal Employees Retirement System provided that each such employee shall pay fifty percent (50%) of contribution required for m pursuant to that System The Library Board may change carrier of any plan listed here 29.8 (a) provided that coverage under anor carder is at let equal to existg benefits. In event that a full-time employee takes early retirement with an unreduced pension under Ontario Municipal Employees Retirement System, Library Board provcial sales tax for any of plans listed contue to pay premiums and sub-article 29.2(a) above, on behalf of such retired full-time employee, until such retired full-time employee att age of sixty-five (65). (b) In event that a part-time employee takes early retirement with an unreduced pension under Ontario Municipal Employees Retirement System, Library Board sales tax for any of plans listed contue to pay premiums and provcial sub-article 29.2(a) above, on behalf of such retired part-time employee, until such retired part-time employee aff age of sixty-five (65), of retirement, fact enrolled part-time employee w, at time any of plans if accordance with subarticle 29.2(b) above. The amount of premium costs and provcial same ratio that hours of work that employee w regularly scheduled to work, on a sales tax to be paid by Library Board shall be weekly average bis, at time of retirement is to thirty-four and one-half (341,4) hours. The employee shall pay ir portion of premium costs and provcial sales tax determed accordance with this ratio. Page 39 of 51

40 (c) All employees who contue to be employed beyond age of 64, and be provided with same benefits Insurance which shall be provided but reduced by 50% and exclusion who are qualified under terms of benefit plans, all eligible employees with exception of of Long Term Disability (L.T.D.) and Accidental Death and Dismemberment (A.D.&D.). These benefits whichever occurs first. Life be provided until age of 70 or retirement; 29.9 (a) event of death of a full-time employee who had at let ten (10) years seniority with Library Board at time of his/her death, In Library Board contue to pay premiums and provcial sales tax for any of plans listed and eligible dependents of such deceed full-time employee, until sub-article 29.2(a) above, on behalf of spouse spouse att age of 65 years or until spouse remarries or a common-law relationship time of death, engages accordance with subarticle 29.2(a) above. fact enrolled if any of plans full-time employee w, at (b) In event of death of a part-time employee who had at let ten (10) years seniority with Library Board at time of his/her death, Library Board contue to pay premiums and provcial sales tax for any of plans listed and eligible dependents of such deceed part-time employee, until sub-article 29.2(a) above1 on behalf of spouse spouse att age of 65 years or until spouse remarries or engages a common-law relationship, if part-time employee w, at time of death, sub-article 29.2(b) above. The amount of premium costs and provcial fact enrolled any of plans sales tax to be paid by Library Board shall be accordance with same ratio that hours of work that employee w regularly scheduled to work, on a weekly average bis, at time of death is to thirty-four and one-half (3434) hours. The spouse of such deceed part-time employee shall pay ir portion of premium costs and provcial sales tax determed accordance with this ratio In event that a full-time or part-time employee is laid off, Library Board shall only be responsible to pay premiums and provcial sales tax, provided month which layoff occurs and for followg month. sub-articles 29.1 and 29.2, ce may be, for A full-time or part-time employee who is laid off shall have option, which must be exercised at time of layoff, to contue ir enrollment plans listed sub-articles 29.1 and 29.2 above, provided y rema an employee of Library Board, provided y contue to be Page 4Oct51

41 eligible for enrollment plans and provided y pay to Library plans Board total premium costs referable to ir enrollment prior to date on which such premiums are payable. ARTICLE 30 TERMINATION 30.1 This Agreement shall contue of March Unless eir party notified or 31St full force and effect up to and cludg writg not less than thirty (30) days and not more than nety (90) days prior to expiration of this Agreement that Agreement contue to rema it desires to amend this Agreement, this effect from year to year Incree wage rates shall be retroactive and paid and from April 1, 2016 to all employees bargag unit at that date. Unless orwise specified all or terms shall be effective from date of ratification by both parties. In ce of seniority employees who have ceed to be an employee, a amount of any retroactive payment shall be forwarded to lt known address of said employee. Should cheque be returned to cheque Library Board undeliverable, Library Board shall make every reonable effort, cludg forwardg this formation to Union, to locate address of former employee. Retroactivity shall be paid with two (2) notification of ratification. full pay periods followg ARTICLE 31 WAGES See attached Schedule A Page 41 of 51

42 FOR THE EMPLOYER THE ESSEX COUNTY LIBRARY BOARD FOR THE UNION THE CANADIAN UNION OF PJJSLIC,.. EAQ1PLOYEES AND ITS LOCAL H) M (-I Page 42 of 51

43 Essex County Library Board Schedule A - Effective April 1, 2016 Driver Handyperson Processg Clerk Assistant Request Clerk Low Mid-Low Mid Mid-High High $21.63 $22.47 $23.31 $24.17 $24.99 AcquisitionslCatalogug Clerk Request Clerk Publicity Clerk 3 Marketg and Media Clerk Low Mid-Low Mid Mid-High High $22.88 $23.79 $24.71 $25.64 $26.56 { Branch Assistant 3 Resource Assistant Request Clerk Low Mid-Low L Mid [ Mid-High High $25.87 $27.03 $28.16 $29.28 $30.45 Branch Supervisor 3 Community Supervisor Low Mid-Low Mid Mid-High $26.42 $27.56 $28.71 $ j High $31.00 Automation Technician 3 IT Technician Digital Media Librarian 3 Information Services Librarian Virtual Public Services Librarian Low Mid-Low Mid Mid-High High $29.07 $30.40 $31.69 $33.01 $34.30 Assistant to Manager of Branch 3 Programmg and Outreach Librarian Low Mid-Low Mid Mid-High High $30.86 $32.27 $33.69 $35.12 $36.53 Page 43 of 51

44 Essex County Library Board Schedule A - Effective April 1,2017 Driver Kandyperson Clerk Processg Assistant Request Clerk Low Mid-Low Mid Mid-High High Acquisitions! Catalogug Request Clerk Clerk Publicity-Clerk -) Marketg and Media Clerk Low Mid-Low Mid Mid-High High Branch Assistant 3 Resource Assistant Request Clerk Low Mid-Low Mid Mid-High High [ Branch Supervisor Community Supervisor -1 Low Mid-Low Mid Mid-High High Automation Technician 3 IT Technician Digital Media Virtual Low Mid-Low Mid Mid-High High [ fl Librarian 3 Information Services Librarian Public Services Librarian Assistant to Manager of Branch 3_Programmg_and_Outreach Librarian ( Low Mid-Low Mid Mid-High High Page 44 of 51

45 Essex County Library Board Schedule A - Effective April 1, 2018 Driver Handyperson Clerk Processg Assistant Request Clerk Low Mid-Low Mid Mid-High High Acquisitionsl Catalogug Request Clerk Publicity Clerk Clerk -ì Marketg and Media Clerk Low Mid-Low Mid Mid-High High Branch Assistant 3 Resource Assistant Request Clerk [ Low Mid-Low Mid Mid-High High r fl Branch Supervisor 3 Community Supervisor Low Mid-Low Mid Mid-High High Automation Technician 3 IT Technician Digital Mcdia Virtual Low Mid-Low Mid Mid-High High r Librarian 3 Information Services Librarian Public Services Librarian Assistant to Manager of Branch 3 Programmg and Outreach Librarian Low Mid-Low Mid Mid-High High Page 45 of 51

46 Essex County Library Board Schedule A - Effective April 1, 2019 Driver Handyperson Processg Clerk Assistant Request Clerk Low Mid-Low Mid Mid-High High Acquisitionsl Catalogug Clerk Request Clerk Dublicity Clerk Low Mid-Low Mid Mid-High High , Marketg and Media Clerk Branch Assistant 3 Resource Assistant Reck Low Mid-Low Mid Mid-High High Branch Supervisor 3 Community Supervisor Low Mid-Low Mid Mid-High High Automation Technician 3 IT Technician Digital Media Librarian 3 Information Services Librarian Virtual Public Services Librarian Low Mid-Low Mid Mid-High High Assistant to Manager of Branch 3_Programmg and Outreach Librarian Low Mid-Low Mid Mid-High High Page 46 of 51

47 Letter of Understandg Between Essex County Library Board And The Canadian Union of Public Employees And its Local RE: Sub-Article 24.1 It is agreed that order to implement a direct deposit payrofl system, employer fds it necessary to affect a uniform one-week holdback for each and every employee. Therefore, for those employees who presently are paid currently to date, employer implement a holdback on one week s pay. The employer agrees to pay each of se existg employees a one-time lump sum payment equivalent to one week s pay, to be recovered upon employee leavg employ of Board. The lump sum recovered shall be equivalent to sum advanced. Page 47 of 51

48 The Letter of Understandg Between Essex County Library Board Canadian And And Union of its Public Employees Local RE: Short-Notice Staffg List agree The parties that Library Board shall develop, mata, and revise quarterly, a Short- Notice Staffg List to cover sgle-day, The list shall be utilized follows: Branches. unexpected absences 1) All branch than 34.5 hours per week eligible to work additional hours and be part of Short-Notice Staffg List. are employees who work less 2) Employees on Short-Notice Staffg List shall be called to on a shift, on of of seniority first with branch y normally work, from any branch The Library Board is no obligation to cur any payment of overtime durg workweek for who have already worked or are to work. The Library Board is no obligation to split shift to employee with seniority when attemptg to staff shift. replace employees or scheduled system. scheduled that under greater bis already scheduled under years n employees accommodate 3) Should Library Board be unable to highest ranked employee, from Short-Notice Staffg List, Library Board to next employee on list and contue to rotate through list until all members have been given an opportunity for additional hours. and shift not filled, Library Board may any or bargag unit member to fill vacancy. proceed attempted contact Once contact with all eligible been scheduled h contact employees h been 4) Probationary skill and ability employees may be called provided y necessary to do job. possess This agreement shall be effect for duration of current Contract. Page 48 of 51

49 Letter of Understandg Between Essex County Library Board And The Canadian Union of Public Employees And its Local RE: Designated Phone Le A designated phone le unexpected absences. The le be available for is all staff to notify employer of all to be used by staff when Admistration Office is not open. The Admistration Office is open Monday to Friday, 8:30 AM - 4:00 PM. Staff are required to state location and time of ir shift and reon for ir absence. If absence requires a Leave of Absence or a Vacation Day, a Manager must be contacted. Durg Admistration Office hours, staff are to speak directly with ir Manager or designate. If re is an emergency situation, y must speak to Manager or designate prior to employee s next workg day. This agreement shall be effect for duration of current Contract. p (C., // i QowL Page 49 of 51

50 Letter of Understandg Between Essex County Library Board And The Canadian Union of Public Employees And its Local RE: Hours of Operation for Admistration (15.1(a)) In effort to address concerns raised by Union on behalf of full-time, Admistration employees seekg more flexibility regardg make up time, parties agree to followg: With prior agreement of appropriate Manager, to accommodate a specific leave request of not more than 3 hours, normal startg and quittg times referenced Article 15.1(a) may be revised from 8:30 AM to 4:30 PM to 7AM to 6PM. Articles 16.2 and Article 16.3 do not apply to requests made under this Letter of Understandg. All or elements of Article 15 rema unchanged. This without prejudice agreed to deviation from current wordg be cancelled by eir party with 2 weeks notice. Article 15 can Pr Page 50 of 51

51 Letter of Understandg Between Essex County Library Board The Canadian And Union of And its Local Public Employees RE: Staff Replacement The parties that Library Board shall be not be at work of illness, accident, agree The parties furr to sist with staff it is furr designate, library because agree responsible leaves that unionized staff may be per replacement procedures, agreed that employees soon for procedures of for replacg staff who or absence signed shall notify possible, for illness or and of or vacations. leaves absence vacations. by Library Board established practices. appropriate Manager, or accident accordance with written This agreement shall be effect for duration of current Contract. Page 51 of 51