COLLECTIVE AGREEMENT BETWEEN. HANOVER AND DISTRICT HOSPITAL (hereinafter the Hospital) -and-

Transcription

1 HE>H HANOVER & DISTRICT HOSPITAL COLLECTIVE AGREEMENT BETWEEN HANOVER AND DISTRICT HOSPITAL (hereinafter the Hospital) -and- UNIFOR and its LOCAL 302 OFFICE AND CLERICAL BARGAINING UNIT (hereinafter the Union) Exp. March 31, 2021

2 1 Contents ARTICLE 1 - PURPOSE... 2 ARTICLE 2 - RECOGNITION... 2 ARTICLE 3 - DEFINITIONS... 2 ARTICLE 4 - MANAGEMENT RIGHTS... 3 ARTICLE 5 - NO DISCRIMINATION... 4 ARTICLE 6 - NO STRIKES OR LOCKOUTS... 5 ARTICLE 7 - UNION SECURITY Meeting Space and Union Filing Cabinet... 6 ARTICLE 8 - UNION REPRESENTATION VIOLENCE IN THE WORKPLACE Domestic Violence Women's Advocate ARTICLE 9 - GRIEVANCE PROCEDURE...!! ARTICLE 10 -ARBITRATION ARTICLE 11- EMPLOYEE FILES ARTICLE 12 - SENIORITY ARTICLE 13 - JOB POSTING Job Sharing ARTICLE 15 - JOB SECURITY ARTICLE 16 - LEA YES OF ABSENCE ARTICLE 17 - HOURS OF WORK AND SCHEDULING ARTICLE 18 (A) - PAID HOLIDAYS (FULL TIME EMPLOYEES) ARTICLE 18(B) -HOLIDAYS (PART TIME EMPLOYEES) ARTICLE 19(A) - VACATIONS (FULL TIME EMPLOYEES) ARTICLE 19(B) - VACATIONS (PART TIME EMPLOYEES) ARTICLE 20 - SICK LEAVE AND LONG TERM DISABILITY (FULL TIME EMPLOYEES) ARTICLE 2l(A) - HEALTH AND INSURED BENEFITS (FULL TIME EMPLOYEES) BENEFITS AGE 65 OR OLDER ARTICLE 22 - PREMIUM PAY AND ALLOWANCES ARTICLE 23 - COMPENSATION ARTICLE 24 - MISCELLANEOUS ARTICLE 25 - RETROACTIVITY ARTICLE 26 - DURATION, RENEW AL AND TERM Appendix "A" Re: Extended Hours LETTERS OF UNDERSTANDING / Re: Paid Education Leave / Re: Temporary Vacancy Audit Re: Mental Health / Re: Parking....54

3 2 ARTICLE 1 - PURPOSE 1.01 The general purpose of this agreement is to establish and maintain collective bargaining relations between the Hospital and its employees within the bargaining unit. It is to provide for the prompt and equitable disposition of grievances and for the final settlement of disputes, and to establish and maintain mutually satisfactory wages, hours of work and other conditions of employment in accordance with the provisions of this Agreement. ARTICLE 2 - RECOGNITION 2.01 The Hospital recognizes Unifor and its local 302 as the sole collective bargaining agent of all full-time and part-time office and clerical employees of the Hanover and District Hospital at Hanover, save and except supervisors, persons above the rank of supervisor, Administrative Assistant, Executive Assistant, and persons covered by subsisting collective agreements, in accordance with the certificates issued by the Ontario Labour Relations Board on May 1, The Hospital agrees that it will not enter into any other agreements with employees, either individually or collectively, which will conflict with any of the provisions of this Agreement. ARTICLE 3 - DEFINITIONS 3.01 Where the masculine or singular pronoun is used, it shall mean and include the feminine or the plural pronoun where the context so requires, and vice versa The word "employee" when used in this agreement shall mean persons included in the above-described bargaining unit "Supervisor" or "Immediate Supervisor" when used in this Agreement shall mean the first supervisory level excluded from the bargaining unit Definition of Temporary Employee An employee may be hired for a specific term not to exceed six (6) months, to replace an employee who will be on approved leave of absence, absence due to WSIB disability, sick leave, long term disability or to perform a special non-recurring task. This term may be extended a further six (6) months where the leave of the person being replaced extends that far. The extension can be for a further twelve (12) months in the case of

4 3 an extended Pregnancy/Parental Leave. The period of employment of such persons will not exceed the absentee's leave. The release or discharge of such persons shall not be the subject of a grievance or arbitration. This clause would not preclude such employees from using the job posting provision under the collective agreement and any successful applicant who has completed his/her probation period will be credited with the appropriate seniority. The Hospital will outline to employees selected to fill such temporary vacancies and the Union, the circumstances giving rise to the vacancy, and the special conditions relating to such employment. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union acknowledges that it is the exclusive function of the Hospital to: (a) (b) (c) (d) (e) Maintain order, discipline and efficiency; Hire, assign, direct, promote, demote, classify, transfer, lay-off, recall, discharge or otherwise discipline employees, provided that a claim that an employee who has completed his/her probationary period has been discharged without just cause may be the subject of a grievance and dealt with as hereinafter provided; Determine, in the interest of efficient operation and highest standards of service, job rating and classification, the hours of work, work assignments, methods of doing the work, and the working establishment for the service and the location of work; Generally to manage the operation that the Hospital is engaged in and, without restricting the generality of the foregoing, to determine the number of personnel required, methods, procedures and equipment in connection therewith; Make, enforce, and alter from time to time reasonable rules and regulations to be observed by the employees. The Hospital agrees to advise the Union Chairperson of any new rules and regulations, or the alteration of existing rules and regulations prior to implementation These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement.

5 4 ARTICLE 5 - NO DISCRIMINATION 5.01 Both parties agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced with respect to the membership or activity in the Union, or non-membership of any employee in the Union, which is hereby recognized as a voluntary act on the part of the individual concerned The parties agree that, in accordance with the provisions of the Ontario Human Rights Code, there shall be no discrimination against any employee by the Union or the Hospital by reason of race, creed, colour, age, sex, marital status, nationality, ancestry, place of origin, political or religious affiliation, handicap, or sexual orientation The parties are committed to providing a harassment free workplace. To that end, it is agreed that: (a) (b) (c) "Every person who is an employee has a right to freedom from harassment in the workplace by the Employer or agent of the Employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or handicap". Ref: Ontario Human Rights Code, Sec. 5(2) "Every person who is an employee has a right to freedom from harassment in the workplace because of sex by his or her Employer or agent of the Employer or by another employee". Ref: Ontario Human Rights Code, Sec. 7(2) "Every person has a right to be free from, i) ii) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person". Ref: Ontario Human Rights Code, Sec. 7(3) NOTE: "Harassment" means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be

6 5 unwelcome". Ref: Ontario Human Rights Code, Sec. 10(1) 5.04 The parties agree that sexual harassment of any person employed by the Employer will not be tolerated in the workplace Any employee who believes that s/he has been harassed or discriminated against contrary to this provision may file a complaint under the procedure in the Hospital's harassment policy or may file a grievance in accordance with Article 9 of this agreement. Any employee has the right to file a complaint with the Ontario Human Rights Commission. 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 as set forth in the Labour Relations Act 1995, as amended. ARTICLE 7 - UNION SECURITY 7.01 The Hospital shall deduct an amount equivalent to the regular monthly Union dues for the term of this Agreement according to the following conditions: (a) (b) (c) (d) All employees covered by this Agreement shall, as a condition of employment, have deducted from their pay each month an amount equivalent to the regular monthly Union dues. New employees shall have deductions made on the first regular deduction date following completion of thirty (30) calendar days of employment. Union dues will be deducted from the employees' pay in each calendar month and the same shall be remitted by the Hospital to the Secretary-Treasurer of the Union not later than the 15 1 h day of the following month. The Hospital agrees when forwarding Union dues to submit a list to the Local and the Chairperson, indicating the names, classifications and any change of address of those employees for whom deductions were made, showing the amount deducted. The list shall also include deletions and additions from the preceding month highlighting new hires, resignations, terminations, layoffs and recalls Regular monthly Union dues referred to in this Article, shall mean the regular monthly

7 6 Union dues uniformly assessed all the members of the Union in accordance with its constitution and by-laws as certified to the Hospital in writing by the Union The Union shall indemnify and save the Hospital harmless with respect to all Union dues so deducted and remitted A new employee will have the opportunity to meet with a representative of the Union in the employ of the Hospital for a period of up to fifteen (15} minutes during the employee's orientation period without loss of regular earnings. The purpose of the meeting will be to acquaint the employee with such representative of the Union and the Collective Agreement. Such meetings may be arranged collectively or individually for employees by the Hospital as part of the orientation program. The Hospital will provide written notice in advance to the Union Chairperson that a new employee has been hired T-4 slips issued annually to employees shall show deductions made for Union dues The Hospital will supply to the Union a list of all managerial personnel and will revise the list when necessary 7.07 The Union will not engage in Union activities during working hours or hold meetings at any time on the premises of the Hospital without the written permission of the Chief Executing Officer Meeting Space and Union Filing Cabinet The Union may use the library, as needed for private meetings with employees for the purposes of discussing grievances. In the event that the library is in use, the Union may use another vacant meeting room. The Hospital will provide a filing cabinet with a lock for use by the Union, to be placed in an appropriate location. The Hospital agrees to provide the Bargaining Unit President (BUP), or designate with reasonable access to a phone or fax as it may be required from time to time. The BUP should make request for access through the VP HR or designate.

8 7 ARTICLE 8 - UNION REPRESENTATION 8.01 The Hospital acknowledges the right of the Union to appoint, elect or otherwise select a Union Committee of two (2) employees, one of whom shall be a part-time employee, who have acquired seniority, with whom the Hospital will deal on all matters related to this Collective Agreement including grievances, negotiations and arbitrations The Union Committee shall have the right at any time to have the assistance of a Union Representative in all Labour-Management relations. With the permission of the Chief Executive Officer or designate, such Representative shall have access to the Hospital's premises to discharge his/her duties as a representative of the Union. Such permission shall not be unreasonably withheld The Union agrees that the Union Committee members have regular duties to perform in connection with their employment and only such time as is reasonably necessary for the prompt processing of Union business will be used by such persons during working hours. If it is necessary for a Union Committee member to attend to Union business as provided for in this Agreement, s/he shall not leave his/her work without first obtaining permission from his/her supervisor. Such permission will not be unreasonably withheld In accordance with this understanding, it is agreed that: (a) (b) Each member of the said Union Committee shall receive his/her regular pay for all regularly scheduled working hours lost due to his attendance at contract negotiation meetings between the parties, up to and including conciliation, whether on or off the Hospital premises, for which permission has been granted. A steward, and where applicable, members of the Union Committee shall receive their regular pay for regularly scheduled working hours lost due to attendance at grievance meetings, which shall for the purposes of clarity, cover meetings with a grievance settlement officer appointed under Section 45 of the Labour Relations Act 1995, with representatives of the Hospital, whether on or outside the Hospital premises, for which permission has been granted The Union agrees to supply the Hospital with the names of the Union Committee members and will keep such lists up to date Labour Management Committee There shall be a Labour Management Committee comprised of one member from each of full-time service, part-time service and office and clerical bargaining units and an

9 8 equal number of Hospital representatives. The function of the committee shall be to discuss matters of mutual concern to the parties, but it is understood and agreed that the committee will not discuss grievances. The Committee shall meet quarterly, or at a time that is mutually agreeable to the parties. The Hospital agrees to pay for time spent during regular working hours for representatives attending at such meetings. The parties can discuss work load issues at the Labour Management meetings. The parties further agree that Education is a suitable subject for discussion at Labour Management Health and Safety Committee (a) (b) (c) (d) (e) (f) (g) (h) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Hospital in order to prevent accidents, injury and illness. Recognizing its responsibilities under the Occupational Health and Safety Act of Ontario (as amended, 1992), the Hospital agrees to accept as a member of its Joint Occupational Health and Safety Committee, at least one representative selected or appointed by the Union from amongst bargaining unit employees. Such 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 Hospital agrees to co-operate reasonably in providing necessary information to enable the Committee to fulfill its functions. Meetings shall be held every second month or more frequently at the call of the cochairs if required. The Committee shall maintain minutes of all meetings and make the same available for review. Any representative appointed or selected in accordance with.02 hereof shall serve for a term of one calendar year from the date of appointment which may be renewed for further periods. Time off for such representative(s) to attend meetings of the Joint Occupational Health and Safety Committee in accordance with the foregoing shall be granted and any representative attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance. The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices. The matter of safety shoes shall be dealt with by the Occupational Health and Safety Committee as needed.

10 9 (i) Pregnant employees may request to be transferred from their current duties if, in the professional opinion of the employee's physician, the pregnancy may be at risk. If such a transfer is not feasible, the pregnant employee, if she so requests, will be granted an unpaid leave of absence before commencement of the maternity leave as per the Collective Agreement provision for leaves of absence. (j) Where the Hospital identifies high risk areas where employees are exposed to Hepatitis B, the Hospital will provide, at no cost to the employees, a Hepatitis B vaccine. (k) The Hospital agrees to provide the employee with a copy of the Workers Compensation Form 7 at the same time as it is sent to the Board Abuse in the Workplace The parties acknowledge that employees may sometimes be at risk of physical violence or verbal abuse from patients, clients or the public. Any employee who believes s/he has been subjected to an abusive situation shall report this to his/her immediate supervisor who will investigate and attempt to rectify the situation. The parties agree that if incidents involving violence occur, such situations will be recorded and reviewed at the Occupational Health and Safety Committee. Reasonable steps within the control of the Hospital will follow to address the legitimate health and safety concerns of employees presented in that forum VIOLENCE IN THE WORKPLACE The hospital and the union agree that they have a shared goal of a workplace free of violence. To that end, the parties will determine appropriate solutions to promote health and safety in workplace, including but not limited to: Violence in the workplace (including verbal abuse) In particular the local parties will consider appropriate measures to address violence in the workplace, which may include, among other remedies: Electronic and visual flagging Properly trained security who can de-escalate, immobilize and detain/restrain Appropriate personal alarms Organizational wide risk assessment assessing environment, risk from patient

11 10 population, acuity, communications and work flow and individual client assessment Training and de-escalation "break free" and safe immobilization/detainment/restraint. "Workplace Violence" means: a) The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; b) An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and c) A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker Domestic Violence The parties acknowledge that employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. The parties agree that when there is adequate verification from a recognized professional (i.e. doctor, lawyer, professional counselor), an employee who is in an abusive or violent personal situation will not be subjected to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This clause is subject to a standard of good faith on the part of the Hospital, the Union and affected employees, and will not be utilized by the Union or employees to subvert the application of otherwise appropriate disciplinary measures Women's Advocate The parties recognize that female employees may sometimes need information regarding specialized resources in the community such as professional counselors or women's shelters due to violence at home or in the workplace.

12 11 Recognizing that the Hospital has taken steps that will assist female employee's with such needs it is also recognized that the addition of a Women's Advocate (one to represent all three UNIFOR bargaining units), in collaboration with the Employee Health and Wellness Nurse, will serve to enhance the resources available to female staff members. The Women's Advocate will be available to meet with female employees as required to discuss their issues and to refer them to the appropriate agency as necessary. The Advocate will also direct the employee to the Hospital Policies and work in collaboration with the Employee Health and Wellness Nurse. For greater clarity the role of the Advocate is one of a referral agent, not a counselor. The Advocate will take all reasonable steps to ensure that a minimum of time at work is lost as a result of this role. The Hospital will grant up to one (1) week of paid time off for the purposes of an initial training program and bill the Union for this cost. The same training program will be available to the Employee Health and Wellness Nurse at the Employer's expense. ARTICLE 9 - GRIEVANCE PROCEDURE 9.01 For purposes of this agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this agreement, including any question as to whether a matter is arbitrable A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: Step 1 If an employee has a complaint, such complaint shall be raised with his/her immediate supervisor within ten (10) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the grievor and the immediate supervisor are unable to adjust the complaint to their mutual satisfaction within five (5) days, excluding Saturdays, Sundays and holidays, the employee may proceed to Step 2 within five (5) days, excluding Saturdays, Sundays and holidays, after the supervisor's decision. Any employee is entitled, upon request, to have a Union Committee person with him when meeting with his/her immediate supervisor to attempt to adjust his/her complaint. Step 2 The employee, with the assistance of a Union Committee person, if desired, may submit

13 12 a written grievance, signed and dated by the employee, to the appropriate Director. The nature of the grievance, the remedy sought and the section or section of the Agreement which are alleged to have been violated shall be set out in the grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Director shall deliver his decision in writing within five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. Step 3 Within five (5) calendar days following the decision under Step 2, the grievance may be submitted to the Director of Human Resources or designate. A meeting will then be held between the Director of Human Resources or designate and the Grievance Committee within five (5) calendar days of the receipt of the grievance. It is agreed that a representative of Unifor may be present at the meeting and that the Hospital may have such counsel and assistance as may be desired at such meeting. The decision of the Hospital shall be delivered in writing within five (5) calendar days of such meeting. Failing settlement, either party may submit written notice to refer the matter to arbitration within ten (10) calendar days after the reply in Step 3 is given. If no written request for arbitration is received within such ten (10) day period, the grievance shall be deemedtohavebeenabandoned Policy Grievance A grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement must be originated under Step 3 within ten (10) working days of the event giving rise to the grievance. Failing settlement under Step 3 within ten (10) calendar days, it may be submitted to arbitration in accordance with Article 10. However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby by-passed Group Grievance Where two or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign the grievance form and present the grievance at Step 2 within ten (10) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the grievance procedure Discharge Grievance

14 13 A grievance involving the discharge of an employee who has completed his/her probationary period, must be reduced to writing and originated under Step 3 within ten (10) calendar days of the employee being notified of his/her discharge. Notwithstanding anything in this agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the Hospital and the discharge of a probationary employee shall not be subject to the grievance or arbitration procedures. It is agreed that the Chairperson of the Union Committee or a Union Committee member will be notified of the dismissal of a seniority-rated employee All agreements reached under the grievance procedure between the Hospital and the Union will be final and binding upon the Hospital, the Union and the employee(s) When an employee is subject to any disciplinary penalty, she/he shall be entitled upon his/her request to have a Steward or Union Committee person present when the disciplinary action is taken. It is the Hospital's responsibility to inform the employee of his/her right to request such representation. ARTICLE 10 - ARBITRATION Failing settlement of the grievance under the foregoing procedure, such grievance may be submitted to arbitration. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step 3, it will be deemed to have been received within the time limits. If the grievance pertains to a discharge or layoff situation, the party referring the matter to arbitration shall name a nominee at the same time. In such cases, the recipient of the notice shall, within fourteen (14) calendar days, inform the other party of the name of its nominee to the arbitration board. The two nominees so selected shall, within fourteen (14) calendar days of the nomination of the second of them, select a mutually acceptable third person who shall be the Chairperson. If one of them fails to name a nominee, or the two nominees fail to agree upon a chairperson within the time limits, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All other grievances shall be referred to a sole arbitrator, to be selected by the parties' counsel using arbdates No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle a grievance.

15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure The Arbitrator, or Board of Arbitration, as the case may be, shall not have any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement The proceedings of the Arbitrator or the Arbitration Board may be expedited by the parties hereto and the decision of the majority and, where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairperson of the Arbitration Board The time limits and procedures set out in the grievance and arbitration provisions herein are mandatory and failure to comply strictly with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act ARTICLE 11 - EMPLOYEE FILES An employee upon written request may be granted the opportunity to view his/her personnel file. Information to be viewed will be application form, written warnings, evaluations and incident reports Where an employee has been disciplined in writing, a copy of the discipline notice will be provided to the employee, with a copy to the Chairperson of the Union Committee, unless the employee requests otherwise. Such request shall be in writing to the Union Chairperson Any letter of reprimand will be removed from the record of an employee eighteen (18) months following the receipt of such letter, provided that the employee's record has been discipline free for twelve (12) months. All leaves of absence in excess of ten (10) calendar days will not count toward either of the above period.

16 15 ARTICLE 12 - SENIORITY Definition of Seniority Full-time employees will accumulate seniority on the basis of their continuous service in the bargaining unit from the date of last hire, except as otherwise provided herein. Part-time employees will accumulate seniority on the basis of one year of seniority for each 1650 hours worked in the bargaining unit from the date of last hire, except as otherwise provided herein. Seniority for part time employees shall be separate and apart from seniority for full time employees Probationary Period A newly hired full time employee will be considered on probation until after s/he has completed forty-five (45) days of work in the bargaining unit within any twelve (12) calendar months. Upon completion of such probationary period, the employee's name will be placed on the appropriate seniority list with seniority dating from the date s/he was last hired by the Hospital. A part time employee will be considered on probation until after s/he has completed hours of work within any twelve (12) calendar months. Upon completion of such probationary period, the employee's name will be placed on the appropriate seniority list with seniority dating from the date s/he was last hired by the Hospital and shall accrue seniority based on hours worked in the bargaining unit. With the written consent of the Hospital, the probationary employee and the Union Chairperson, or designate, such probationary period may be extended. It is understood and agreed that any extension of the probationary period will not exceed an additional 30 shifts worked for full time employees or an additional two hundred and twenty-five hours worked for part time employees Seniority Lists The seniority list will be revised semi-annually in March and September, according to the records of the Hospital. Two (2) copies will be provided to the Union Chairperson, who will post one copy on the Union bulletin board. Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made in writing within thirty (30) days from the date of posting.

17 Effect of Leave of Absence In the event of a full-time employee's absence without pay from the Hospital exceeding sixty (60) continuous calendar days, the employee will not accumulate seniority or service for any purposes under the collective agreement for the duration of such absence. The benefits concerned will be appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. During such absence, the employee will be responsible for full payment of all subsidized employee benefits in which the employee is participating. The employee may arrange with the Hospital to pre-pay to the Hospital the full premium of such subsidized employee benefits for the entire period of the leave to ensure the employee's continued coverage, for a maximum of thirty (30) months after the commencement of the leave. Notwithstanding the above, where an employee is on sick leave (including LTD) or Workplace Safety and Insurance Board benefits or has qualified for Workplace Safety and Insurance Board benefits and is awaiting payment, seniority for all purposes shall continue for a maximum of thirty (30) months. Note: The pregnancy and parental leave clauses in this agreement have specific references regarding the effect of absence, which take precedence over the above provisions Loss of Seniority and Employment Rights An employee shall lose all service and seniority and shall be deemed to have been terminated ifs/he: (a) (b) has been laid off for thirty (30) months; resigns; (c) is discharged and not reinstated through the grievance and arbitration procedure; (d) (e) is retired; is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Hospital of such absence and providing to the Hospital a satisfactory reason for the absence;

18 17 (f) (g) has been laid off and fails to return to work within seven (7) calendar days after the employee has been notified by the Hospital through registered mail addressed to his last address on the records of the Hospital; fails to return to work upon the expiration of a leave of absence granted by the Hospital, without permission in writing from the Hospital Transfer of Service and Seniority (a) An employee whose status is changed from full-time to part-time shall receive credit for his/her seniority and service on the basis of 1650 hours equals one year of service/seniority. An employee whose status is changed from part-time to full-time shall receive credit for his/her seniority and service on the basis of one (1) year for each 1650 hours worked. This provision shall similarly apply to employees who transfer from the Unifor full-time or Unifor part-time service bargaining units to the Unifor office and clerical bargaining unit. (b) An employee whose status is changed from full-time to part-time or vice versa, and who continues to work in the same classification shall be given credit for service for the purposes of progression on the wage grid on the basis of 1650 hours equals one year of service. (c) An employee whose status is changed from part-time to full-time or vice versa to work in another classification will be placed on the wage grid in accordance with Article 23. ARTICLE 13 - JOB POSTING The Hospital shall post notice of all permanent vacancies, including new jobs or classification openings on the bulletin board for a period of seven (7) calendar days. Employees may make written application for such job vacancies during the posting period. A job applicant selected to fill a vacancy shall not be permitted to apply for another vacancy within a subsequent six (6) month period Employees shall be selected for positions on the basis of their skill, ability, experience

19 18 and qualifications. Where these factors are relatively equal amongst the employees concerned, seniority shall govern provided the successful applicant, if any, is qualified to perform the available work. The Union Chairperson shall receive a hard copy of each job posting and will be advised in writing of the name of the successful applicant to each job posting The Hospital shall have the right to fill such vacancies on a temporary basis until the posting procedure has been complied with, and arrangements have been made to permit the person selected to fill the vacancy to be assigned to the job concerned The successful applicant will be placed in the vacancy for a trial period not exceeding thirty (30) working days and if the employee proves satisfactory, then s/he shall be considered permanently assigned to the vacancy. If the employee proves unsatisfactory during that time, or if the employee feels s/he is unable to perform the duties of the vacancy to which s/he is posted, the employee will be returned to his/her former position at his/her former salary or rate of pay, as will any other employee in the bargaining unit who was promoted or transferred by reason of such placing Temporary full-time relief positions of two months or longer shall be posted for application by part-time employees. Such positions shall be filled from applications received on the basis of seniority provided the senior part-time employee possesses the necessary qualifications and ability to perform the normal requirements of the job. A part-time employee who thus relieves in a full-time position shall retain his/her parttime status for a period of up to six (6) months. The successful applicant shall retain the full time position for a maximum of six (6) months or the length of the leave if the employee is filling a full time temporary vacancy created by a pregnancy/parental leave. If the absence of the full time employee exceeds these time limits, the temporary full time relief position will be reposted. A part time employee who relieves in a full time position shall retain his/her part time status for the period of the leave A photocopy of all postings, permanent or temporary, full or part time, shall be provided for the Union's use to the secretary of the Union committee at the time of the job posting. The Hospital shall also provide the Union with the name of the successful candidate along with the start date of the awarded position.

20 Job Sharing Job Sharing, for the purpose of this Agreement, shall be defined as the sharing of the hours and the responsibilities of a full-time position. An incumbent full-time employee who wishes to share his/her position must make application to the Hospital. Likewise the Hospital may approach the Union with a job sharing proposal. Where this is approved, it is agreed that his/her half of the position will not be posted; however, the other half of the job shared position must be posted and the selection based on the criteria set out in the Collective Agreement. Once a full-time employee has indicated their desire to job share, the part-time component of that arrangement shall be determined subsequent to a posting as per the Collective Agreement. Job sharers shall be considered part-time employees and shall be subject to the applicable provisions of the Collective Agreement, unless otherwise amended by this Article. It is agreed and understood that no more than two (2) full-time positions or one-third (1/3) of the full-time positions, whichever is greater on each unit/department, shall be open to a potential job sharing arrangement. Both employees will prepare and agree upon a time schedule with an equitable distribution of hours. They will submit their schedule to the Manager or designate for approval and posting. Each job sharer shall be responsible for normal coverage of their partner's vacation up to fulltime hours. The job sharers involved will have the right to determine between themselves which partner will work on scheduled paid holidays subject to the conditions of the Collective Agreement. If an agreement cannot be reached, the division of paid holidays shall be equalized. Job sharers will be expected, on a reasonable basis, to cover leaves of absence including sick leave of their partner, up to full-time hours. If the partner is unable to cover the entire leave, he/she must inform his/her Manager or designate. Those shifts which the partner is unable to cover, the Hospital will provide the necessary coverage.

21 20 Where a job sharer is sent home due to lack of work, or advised not to attend at the Hospital because of a lack of work, she/he shall be offered the next available shift that comes available. In the event the former full-time employee leaves the current position, the position shall be posted as a full-time position and the part-time employee reverts to a parttime position. In the event the part-time employee leaves the position, the former full-time partner has the option of reverting to full-time or remaining as a job sharer. If they choose job sharing, the part-time component of the job share position shall be posted as per the Collective Agreement. Discontinuation It is understood and agreed that a full-time employee may discontinue the job sharing arrangement with eight (8) weeks written notice to the Manager or designate and revert to his/her full-time position. Such job sharer's partner shall consequently, revert to a part-time position. Any transfers or changes of status of an employee resulting from a job sharing arrangement reverting to a full-time position shall not constitute a layoff under the terms of the Collective Agreement. The agreement to job share will remain between both employees so long as they are compatible, and the needs of the unit/department are met. If either of these two criteria are not met, there will be consultation between the job sharers, Manager or designate and Union to attempt to resolve the issue or dissolve the partnership. In the event of a layoff, it is agreed that job sharers from the full-time will be listed on the fulltime seniority list and likewise, the part-time on the part-time seniority list. The Hospital shall have the option of canceling this Agreement after providing the other party with thirty (30) days written notice. The job sharers shall have the option of reverting back to their former positions should the arrangement be cancelled. ARTICLE 14- LAYOFF AND RECALL Layoffs and recalls for full-time employees shall be separate and apart from layoffs and recalls for part-time employees. In the event of a layoff, employees with the least

22 21 seniority within the classification in which the layoff takes place shall be laid off first, providing that the employees who remain on the job then have the ability to perform the work Notice of layoff (a) (b) There shall be at least five (5) months' notice to the Union in writing in the event of a proposed layoff of a permanent or long term nature or in the event of a substantial bed cutback or cutback in service which affects or could affect the bargaining unit. In the event of a layoff of a permanent or long-term nature, the Hospital will provide affected employees with at least five (5) months' notice, provided the affected employee has more than twelve (12) months service. Employees with less than twelve (12) months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. A copy of any notice of layoff to an employee will be provided to the Union at the same time. Note: Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the Union provided in (a) above shall be considered notice to the Union of any subsequent layoff. (c) In all other cases of layoff, employees will receive notice of layoff in accordance with the Employment Standards Act, provided, however, such notice shall not be required if the layoff occurs because of emergencies, for example, fire, power failure, act of God, equipment breakdown, or any other condition beyond the reasonable control of the Hospital (a) An employee who is in receipt of notice of layoff pursuant to Article shall have the right to the following options. The decision on the options shall be made by the employee and shall be delivered to the Employer within fourteen (14) days. (i) accept the layoff, or (ii) opt to receive a separation allowance as outlined in Article (iii) (iv) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article displace an employee who has lesser bargaining unit seniority and who is

23 22 the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. (v) displace the least senior employee in the part time bargaining unit that is of the same job status (title) in the classification provided that the part time employee being displaced is of less seniority than the full time employee and has the present ability and qualifications to perform the duties. Such employees so displaced shall be laid off. Note: An identical paying classification shall include any classification where the straight time hourly wage at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within 7% of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off. (b) (c) Any employees displaced through the above procedure shall have the right to displace an employee with less seniority in the bargaining unit, provided that the laid off employee has the present ability and qualification to perform the work required by the Hospital in the classification which the laid off employee seeks. Notwithstanding Article 14.01, a full-time employee ultimately laid off pursuant to (b) above may, if s/he is qualified, displace the least senior part-time employee in the bargaining unit, provided the part-time employee has less seniority than the full-time employee who is subject to layoff. Such employee will be classified as a part-time employee but shall have the right to recall to a full-time position for which s/he is qualified and which becomes available within thirty (30) months of the date the employee accepted the part-time position.

24 Separation Allowance (a) (b) Where an employee resigns within 30 days after receiving notice of layoff pursuant to Article that his or her position will be eliminated, he or she shall be entitled to a separation allowance of two (2) weeks' salary for each year of continuous service to a maximum of twelve (12) weeks' pay, and, on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of three thousand ($3,000) dollars. Where an employee resigns later than 30 days after receiving notice pursuant to Article that his or her position will be eliminated, he or she shall be entitled to a separation allowance of four (4) weeks' salary, and on production of receipts from an approved educational program, within twelve (12) months of resignation, may be reimbursed for tuition fees up to a maximum of one thousand two hundred and fifty ($1,250) dollars Early Retirement Prior to issuing notice of layoff in any classification pursuant to Article 14.02, the Hospital will offer early retirement to a sufficient number of employees eligible for early retirement under HOOPP within the classification(s) in order of seniority, to the extent that the maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the classification(s) who would otherwise receive notice of layoff under Article An employee who elects an early retirement option is not entitled to notice or severance, and shall receive, following completion of the last day of work, a retirement allowance of two weeks' salary for each year of service, to a maximum of thirty (30) weeks' salary, on the basis of the employee's normal weekly earnings. In addition, fulltime employees shall receive a single lump-sum payment equivalent to $1, for each year less than age 65 to a maximum of $5, upon retirement Severance A full-time employee who has completed one year of service and (i) (ii) whose layoff is permanent, or who is laid off for twenty-six (26) weeks in any 52 week period, and who has not elected to receive a severance payment under either or of this

25 24 article, shall be entitled to severance pay equal to the greater of two weeks' pay, or one weeks' pay per year of service to a maximum of 26 weeks' pay. This entitlement shall not be in addition to any entitlement to severance pay under the Employment Standards Act, but at the same time, shall not preclude an employee from claiming any greater entitlement which that Act may at some point come to provide. An employee may elect to defer receipt of this severance payment while his/her recall rights are still in effect. Once an employee does opt to receive the severance payment, he/she shall be deemed to have resigned and his/her recall rights shall be extinguished Where a position or positions become available in a classification or classifications in which the layoff occurred, employees who retain seniority shall be recalled to positions in the classification from which they were laid off or displaced as a result of the exercise of the displacement procedure set out in Article 14.03(a)(iv and v) above, for a period of thirty (30) calendar months or less, in the order of their seniority, provided that s/he then has the ability to perform the available work The job posting procedure of the collective agreement shall be used in the event of a vacancy prior to the recall of employees who are on layoff No new employee shall be hired in the classifications in which a layoff has taken place until laid off employees, who retain seniority and are eligible for recall as prescribed by this article, have been given the opportunity to return to work No full-time employee in the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees In the event of a layoff commencing on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day in which the layoff commenced In the event of a layoff of a full-time employee, the Hospital shall pay its share of insured benefits premium up to three (3) months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere, whichever occurs first, and provided the employee contributes his/her share of the premium monthly Restructuring Plans/Labour Adjustment Committee With respect to the development of any operation or restructuring plan which may affect the bargaining units, the Union shall be involved in the planning process from the

26 25 early phases through to the final phases of the process. In addition to that, and to any other planning committee in the Hospital of a more broadly representational makeup, there shall be immediately established a Labour Adjustment Committee for the bargaining units represented by the Union, which shall meet during the term of this agreement every three months, unless otherwise mutually agreed by the parties. It shall be the function of the Labour Adjustment Committee to consider possible ways and means of avoiding or minimizing potential adverse effects upon employees in the bargaining units, including: (i) (ii) (iii) identifying and proposing possible alternatives to any action that the Hospital may propose taking; identifying and seeking ways to address the retraining needs of employees; identifying vacant positions within the Hospital for which surplus members of the bargaining units might qualify, or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period. The Committee shall be comprised of equal numbers of representatives of the Hospital and from the Union. The number of representatives shall consist of at least two representatives from each party. The Union will notify the Employer of its representatives on the Committee. Meetings of the Committee shall be held during normal working hours. Representatives attending such meetings during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance. The Hospital shall make typing and other clerical assistance available as required. Each party shall appoint a co-chair for the Committee. Co-chairs shall chair alternate meetings of the Committee and will be jointly responsible for establishing the agenda of the Committee meetings, preparing minutes and writing such correspondence as the Committee may direct. Disclosure To allow the Labour Adjustment Committee to carry out its mandated role under this Article, the Hospital will provide the Committee with pertinent financial and staffing information and with a copy of any reorganization plans which impact on the bargaining unit.

27 26 Accountability The Committee shall submit its written recommendations to the Chief Executive Officer of the Hospital and the Board of Governors. Where there is no consensus within the Committee the individual members of the Committee shall be entitled to submit their own recommendations. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this Agreement The Hospital may offer any employee who is eligible to retire under the terms of the Hospitals of Ontario Pension Plan, a lump sum payment to encourage early retirement in order to reduce potential layoffs in the bargaining unit. ARTICLE 15 - JOB SECURITY Contracting Out The Hospital shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contracting out, a layoff of any employees results from such contracting out. Notwithstanding the foregoing, the Hospital may contract out work usually performed by members of the bargaining unit without such contracting out constituting a breach of this provision if the Hospital provides in its commercial arrangement contracting out the work that the contractor to whom the work is being contracted, and any subsequent such contractor, agrees: (1) to employ the employees thus displaced from the hospital; and (2) in doing so to stand, with respect to that work, in the place of the hospital for the purposes of the hospital's collective agreement with the Union, and to execute into an agreement with the Union to that effect. In order to ensure compliance with this provision, the Hospital agrees that it will withdraw the work from any contractor who has failed to meet the aforesaid terms of the contracting out arrangement Technological Change The Hospital undertakes to notify the Union in advance, so far as practicable of any

28 27 technological changes which the Hospital has decided to introduce which will significantly change the status of employees within the bargaining unit. The Hospital agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effects, if any, upon employees concerned. Employees with one or more years of continuous service who are subject to layoff under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as above set forth and the requirements ofthe applicable law Work of the Bargaining Unit Employees not covered by the terms of this agreement will not perform duties normally assigned to those employees who are covered by this agreement, except for the purposes of instruction, experimentation, or in emergencies when regular employees are not readily available. Any additions/deletions to current utilization of volunteers will result in the Unit Chairperson being notified in writing. The matter may be the subject of discussion at the Labour Management Committee. ARTICLE 16- LEAVES OF ABSENCE Personal Leave of Absence The Hospital may grant a leave of absence without pay for legitimate personal reasons provided the employee can be spared having due regard for the proper operation of the Hospital. Application for such leave shall be made in writing to the Hospital as far in advance as possible, but in any event at least one (1) week prior to the commencement of the leave, unless such notice in advance is impossible to give. The application must clearly state the reason for the leave of absence and duration of such absence Leave for Union Business Leave of absence for Union business shall be given without pay up to an aggregate maximum for all employees of thirty (30) days provided such leave does not interfere with the continuance of efficient operations of the Hospital. Such leave shall be subject to the following conditions: (a) Not more than three (3) employees of the Hospital are absent on any such leave at the same time, and not more than two (2) employees from a department;

29 28 (b) (c) A request must be made in writing at least two weeks prior to the commencement of the function for which leave is requested; Such request shall state the general nature of the function to be attended. During the leave of absence the employee=s salary and applicable benefits shall be maintained by the Hospital on the basis of what his/her normal regular hours of work would have been, provided the Union reimburses the Hospital in the amount of such salary and applicable benefits to be paid within 45 days of billing. In the case of part time employees, the Union will also reimburse the salary and the payment in lieu of benefits Full-time Position with the Union An employee who is elected or appointed to office in the Union, upon request, shall be granted a leave of absence without loss of seniority for up to three (3) years. The leave may be extended upon mutual agreement ofthe parties. During such leaves of absence, salary and benefits shall be kept whole by the Hospital and the Union agrees to reimburse the Hospital for such salary and the Hospital's contribution to said benefits. The employee agrees to notify the Hospital of the employee's intention to return to work within two (2) weeks following the termination of office for which the leave was granted. At the end of such leave, any employee hired or placed as a substitute for the employee on such absence, may be terminated or laid off by the Hospital as required, or may be transferred to the employee's previous position if the substitution was a transfer. An employee on leave of absence under this provision shall continue to accrue all rights and privileges under this Agreement. It is understood that the intent of this article is that it shall apply only to one employee at a time, and the Union shall provide adequate notice prior to an employee commencing a Union Leave of Absence Bereavement Leave An employee who notifies the Hospital as soon as possible following bereavement shall be granted up to a maximum of five (5) consecutive days (37.5 hours) off, without loss of pay for regularly scheduled hours missed, within seven (7) calendar days commencing with the day of death of member of their immediate family. "Immediate family" means spouse, child or step-child. In the event of the death of an employee's parent, step-parent, brother, sister, father-

30 29 in-law, mother-in-law, brother-in-law, sister-in-law, grandparents, spouse's grandparent, grandchild, son-in-law and daughter-in-law, and upon notification to the Hospital, an employee shall be granted up to five (5) consecutive days off, with pay for a maximum of three (3) working days (22.5 hours) missed as a result of the absence, within seven (7) calendar days commencing with the day of death. An employee shall be granted one (1) day bereavement leave without loss of regular earnings to attend the funeral of, or a memorial service (or equivalent) for his/her aunt, uncle, niece or nephew. In the event of a later internment, an employee may save a day from their bereavement leave above to attend such service. Where an employee does not qualify under the above noted conditions, the Hospital may nonetheless permit a paid bereavement leave. The Hospital in its discretion may extend such leave with or without pay. "Spouse" for the purposes of bereavement leave will be defined as in the Family Law Act. "Spouse" for the purposes of bereavement leave will also include a partner of the same sex. "Immediate family" and "in-laws" as set out above shall include the relatives of "spouses" as defined herein." Jury and Witness Duty If an employee is required to serve as a juror in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the Hospital, or is required to attend a College of Nurses of Ontario proceeding provided that the employee is not a party to the proceeding, the employee shall not lose regular pay because of such attendance provided that the employee: (a) (b) (c) Notifies the Hospital immediately on an employee's notification that he will be required to attend a court; Presents proof of service requiring the employee's attendance; Deposits with the Hospital the full amount of compensation received excluding mileage, traveling and meal allowances and an official receipt thereof Pregnancy Leave

31 30 (a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act, 1980, as amended. (b) The service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks of continuous service. (c) The employee shall give written notification one month prior to the commencement of the leave of her request for leave together with her expected date of return. At such time she shall also furnish the Hospital with her doctor's certificate as to pregnancy and expected date of delivery. (d) (Full Time Employees) It is understood that during a pregnancy leave, credit for service for purposes of salary increment, vacation, sick leave or any other benefits, except insured employee benefits, under provisions of the collective agreement shall be suspended, the credits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted by the entire period of the absence. The Hospital shall maintain its premium payments for insured benefits for the period of the leave, provided the employee agrees to contribute the employee share of the premiums. Credit for seniority shall accumulate during such leave. (e) The employee shall reconfirm her intention to return to work on the date originally provided to the Hospital in (c) above, or request parental leave, by written notification received by the Hospital at least two (2) weeks in advance of such date. The employee shall be reinstated to her former position, if available, or given a comparable position at not less than her wages when she began her leave of absence. (f) Subject to the confirmation by the Employment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance benefits pursuant to Section 22 of the Employment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between eighty-four percent (84%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the one (1) week Employment Insurance waiting period, and receipt by the Hospital of the employee's Employment Insurance cheque stub as proof that she is in receipt of

32 31 Employment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen {15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on the last day worked prior to the commencement of the leave times her normal weekly hours. The employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan Parental Leave (a) Parental leave will be granted in accordance with the provisions of the Employment Standards Act, 1980, as amended. (b) The service requirement for eligibility for parental leave shall be thirteen (13) weeks of continuous service. (c) (d) (e) The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care or control of a parent for the first time. In other situations the parental leave must begin not later than seventy-eight {78) weeks after the child is born or comes into the custody, care and control of a parent for the first time. The employee shall give written notification two (2) weeks prior to the commencement of the leave of request for leave together with the expected date of return to work. In the case of an adoption, the employee shall advise the Hospital as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence in writing upon receipt of confirmation of pending adoption. Parental leave shall not exceed sixty-one (61) weeks duration, except in the case of an employee who is not entitled to pregnancy leave, in which case the parental leave shall not exceed sixty-three (63) weeks. (f) (Full Time Employees) It is understood that during a parental leave, credit for service for purposes of salary increment, vacation, sick leave or any other benefits, except insured employee benefits, under provisions of the collective agreement shall be

33 32 suspended, the credits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted by the entire period of the absence. The Hospital shall maintain its premium payments for insured benefits for the period of the leave, provided the employee agrees to contribute the employee share of the premiums. Credit for seniority shall accumulate during such leave. (g) (h) The employee shall be reinstated to his/her former position, if available, or given a comparable position at not less than his/her wages when s/he began the leave of absence. When persons are hired to replace employees who are on approved pregnancy and/or parental leave, the period of employment of such persons will not exceed the approved leave periods. The release or discharge of such persons shall not be the subject of a grievance or arbitration. The provisions of this article would also apply to persons hired to replace part time employees who assume a temporary full time position in the absence of a full time employee on pregnancy or parental leave. This clause would not preclude such employees from using the job posting provision under the collective agreement and any successful applicant who has completed his/her probationary period will be credited with the appropriate seniority. The Hospital will outline to employees selected to fill such temporary vacancies, the circumstances giving rise to the vacancy and the special conditions relating to such employment. (i) Subject to the confirmation by the Employment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance benefits pursuant to Section 22 of the Employment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between eighty-four percent (84%) of his/her regular weekly earnings and the sum of his/her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the one (1) week Employment Insurance waiting period, and receipt by the Hospital of the employee's Employment Insurance cheque stub as proof thats/he is in receipt of Employment Insurance parental benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of eleven (11) weeks. The employee's regular weekly earnings shall be determined by multiplying his/her regular hourly rate on the last day worked prior to the commencement of the

34 33 leave times his/her normal weekly hours. Where an employee elects to receive parental leave benefits pursuant to S. 12.3(b) (ii) of the Employment Insurance Act, the amount of any Supplemental Employment Benefit Payable by the Hospital will be equal to what would have been payable had the employee elected to receive parental leave benefits pursuant to S (b)(i) of the Employment Insurance Act The employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan Education Leave (a) (b) Where employees are required by the Hospital to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full costs associated with the courses. Where the course is out of town it shall be understood that cost will include pay for time spent at the employees regular rate of pay (to a maximum of 7.5 hours per day), tuition costs, mileage and the cost of meals in accordance with hospital policy. If required by the Employer, an employee shall be entitled to leave of absence with pay and without loss of seniority and benefits to write examinations to upgrade his or her employment qualifications Family Medical Leave The Hospital agrees to provide Family Medical Leave as provided in the Ontario Employment Standards Act and the Employment Insurance Act. ARTICLE 17 - HOURS OF WORK AND SCHEDULING (a) The standard work week shall be composed of an average of thirty-seven and one-half (37 1/2) hours per week over the period scheduled by the Hospital provided, however, that this does not constitute a guarantee as to hours of work per day nor as to days of work per week nor as a guarantee of working schedules. The normal workday shall be seven and one-half (7 1/2) hours exclusive of an unpaid meal period.

35 34 (b) The normal daily hours of work for part time employees shall be up to seven and one-half (7 1/2) exclusive of an unpaid meal period. The hours of work shall be scheduled by the Hospital but the Hospital does not guarantee to provide employment or work for normal hours or for any other hours Authorized work performed in excess of seven and one-half (7 1/2) hours per day or seventy-five hours in a bi-weekly period shall be paid at the rate of time and one half (1 Y, X) the employee's regular straight time hourly rate Premium payments under any of the terms of this Agreement shall not be duplicated nor pyramided for the same hours worked Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked. Time off in lieu may be taken on a mutually agreed upon basis between the employee and the Hospital, such time off will be the equivalent of the premium rate the employee has earned for working overtime. Employees may bank a maximum of thirty-seven and one half (37 Y,) hours. To the extent that there is more than thirty-seven and one half (37 Y,) hours in the bank, the time over the limit will be paid out in the pay period where the overage occurs at the employees regular straight time hourly rate of pay. Furthermore, the banks will be fully paid in the last pay period at the end of each fiscal year Employees shall be entitled to be paid a rest period of fifteen (15) consecutive minutes in both the first half and second half of a shift Definition of regular straight time rate of pay: For the purpose of calculating any benefit under this Agreement to which an employee is entitled, the regular straight time rate of pay is that prescribed in Schedule "A" - Wage Rates, of this Collective Agreement Scheduling Regulations (a) (b) The Hospital will ensure that each employee has one weekend off in two whenever possible. Schedules will be posted six (6) weeks in advance and will cover a six (6) week period. For purposes of transition a schedule of a longer or shorter duration will be posted such that there is a three week offset between the posting of the RN schedules and the schedules under this agreement in nursing only.

36 35 (c) (d) Requests for change in posted time schedules must be submitted in writing and co-signed by the employee willing to exchange shifts. It is understood that such change in shifts initiated by the employee and approved by the Hospital shall not result in overtime payment to any of the employees affected by such change. Employees who report for any scheduled shift will be guaranteed at least three and three quarter (3 3/4) hours of work, or if no work is available will be paid at least three and three-quarter (3 3/4) hours unless work is not available due to conditions beyond the control of the Hospital. The reporting allowance as outlined herein shall not apply whenever an employee has received prior notice not to report for work Any employee who is called into work as a replacement for an absent employee after that absent employee's shift has started and who completed six (6) or more hours will be paid for the full shift at the applicable rate Call-Back (a) An employee who is called back to work after leaving the premises who reports to work outside his or her normal, scheduled hours of work will receive, no matter what period of time is actually worked, no less than the equivalent of four (4) hours' pay at time and one-half his regular, straight-time hourly rate except to the extent that such four (4) hour period overlaps or extends into the employee's regularly scheduled shift. In such a case, the employee will receive time and one-half the employee's straight hourly rate for actual hours worked up to the commencement of the employee's regular shift. For purposes of clarity, this paragraph shall not apply to employees who are scheduled to work overtime by reporting to work before the commencement of their normal shift. Any calls that occur during the minimum guarantee period will be covered by the minimum guarantee. (b) In lieu of call back pay, an employee may take equivalent time off with pay at a mutually agreeable time within 30 days following the call back or such longer period as may be agreed upon. Where no agreement is reached, the employee shall be paid in accordance with (a) above The Hospital will distribute pre-scheduled shifts as equitably as possible. Where additional shifts become available, the Hospital will offer these shifts on the basis of seniority to employees normally assigned to the unit or department, provided that no overtime premium results.

37 36 ARTICLE 18 (A) - PAID HOLIDAYS (FULL TIME EMPLOYEES) An employee who qualifies under Article shall be entitled to holiday pay at the employee's regular straight time rate of pay for the following holidays: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday One additional floating holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day Should the Hospital be required to observe additional paid holidays as a result of legislation, it is understood that one of the existing holidays recognized by the Hospital shall be established as the legislated holiday after discussion with the Union, so that the Hospital's obligation to provide for twelve (12) paid holidays remains unchanged Holiday pay is defined as the amount of regular straight time, hourly pay (7 1/2) hours exclusive of shift premium which an employee would have received had s/he worked a normal shift on the holiday in question In order to qualify for pay on a holiday, an employee shall complete a full scheduled shift on each of his/her working days immediately preceding and immediately following the holiday concerned unless the employee was absent due to: (a) (b) (c) (d) (e) illness or accident which commenced in the current or previous pay period in which the holiday occurred; layoff for a period not exceeding five (5) calendar days, inclusive of the holiday; a leave of absence for a period not exceeding five (5) calendar days, inclusive of the holiday; vacation granted by the Hospital; the employee's regular scheduled day off An employee who qualifies under Article and is required to work on any of the above named holidays, will at the option of the employee, receive either:

38 37 (a) Pay for all hours worked on such day at the rate of one and one-half (1 1/2) times his/her regular straight time rate of pay in addition to his/her regular straight time rate of pay, or (b) Pay at the rate of time and one-half of the employee's regular straight time rate of pay for work performed on such holiday and a lieu day off at regular straight time rate of pay within either thirty (30) days before or thirty (30) days following the holiday. Such lieu day off to be selected by the employee and the department head by mutual agreement. Failing such mutual agreement the lieu day will be scheduled by the department head An employee who is scheduled to work on a paid holiday and who fails to do so shall lose his entitlement to holiday pay unless the employee provides a reason for such absence which is reasonable If a paid holiday falls during the employee's vacation, his/her vacation shall be extended accordingly, provided the employee qualifies for the holiday pay If a paid holiday falls during an employee's regular day off, another day shall be selected by the employee and the department head by mutual agreement, providing the employee qualifies for the holiday pay. Failing such mutual agreement, the lieu day will be scheduled by the department head. ARTICLE 18(B) -HOLIDAYS (PART TIME EMPLOYEES) An employee who works on any of the holidays listed below will receive pay at the rate of time and one-half (1 1/2) the employee's regular straight time rate of pay for work performed on such a holiday: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

39 Should the Hospital be required to observe additional paid holidays as a result of legislation, it is understood that one of the existing holidays recognized by the Hospital shall be established as the legislated holiday after discussion with the Union, so that the Hospital's obligation to provide for eleven (11) paid holidays remains unchanged The first shift of the day for holiday purposes shall be the shift where the majority of hours of the shift fall on the actual holiday. ARTICLE 19(A) - VACATIONS (FULL TIME EMPLOYEES) Employees working for the Hospital in any twelve month period preceding December 31 shall be entitled to vacation computed on the following basis according to the individual employee's length of continuous service: (a) (b) (c) (d) (e) (f) Employees who have completed less than one (1) year of continuous service as of December 31 shall be entitled to an annual vacation of one (1) day for each completed month of service to a maximum of nine (9) working days and shall be paid four percent (4%) of their earnings during the vacation year. Vacation pay shall be determined on the basis of the employee's gross earnings during the vacation year calculated as of the pay period immediately preceding December 31. An employee with more than one (1) year of continuous service but less than five (5) years of continuous service as of December 31 of any year shall be entitled to an annual vacation of three (3) weeks with pay at his regular straight time hourly rate. An employee with more than five (5) years of continuous service but less than thirteen (13) years of continuous service as of December 31 of any year shall be entitled to an annual vacation of four (4) weeks with pay at his/her regular straight time hourly rate. An employee with more than thirteen (13) years of continuous service but less than twenty (20) years of continuous service as of December 31 of any year shall be entitled to an annual vacation of five (5) weeks with pay at his/her regular straight time hourly rate. An employee who has completed more than twenty (20) years of continuous service as of December 31 of any year shall be entitled to an annual vacation of six (6) weeks with pay at his/her regular straight time hourly rate. An employee with more than twenty-eight (28) years of continuous service as of

40 39 December 31 of any year shall be entitled to an annual vacation of seven (7) weeks with pay at his/her regular straight time hourly rate. Note: The Vacation year was changed in the 2007 to 2009 contract from an "April 1 to May 31" period to a ''January 1 to December 31" period. The intent is to transition to the new vacation year without adverse impact on employees. Employees with a service date between January 1 and May 31 at the time of transition in the last agreement will be deemed ta have the service they would have on May 31 as of January 1 in the transition year. Thereafter absent a leave of absence that would affect their service date for vacation, it will be deemed ta be January The time of vacation for each employee each year will be mutually arranged between the employees and the Hospital, provided however that if there is a dispute over a respective vacation date between employees, seniority of an employee shall be a governing factor. In addition, should the parties be unable to mutually agree upon the time, the decision will be that of the Hospital. An employee shall be entitled to receive his/her vacation in an unbroken period unless otherwise mutually agreed upon between the employee and the Hospital In normal circumstances, vacations will not be accumulated from year to year. However, the Hospital, in its discretion, may allow an employee to carry over vacation leave from one vacation year to the next. An employee wishing to carry over vacation leave must make a written request to do so at least one {1) month prior to the end of the vacation year If an employee, by request in writing delivered to the payroll officer in charge of payroll of the Hospital, at least fifteen {15) payroll department working days prior to the commencement of the employee's vacation, the Hospital will pay the employee, prior to the employee proceeding on vacation, the pay to which he is entitled to receive on the pay-days occurring during the employee's vacation period {a) Vacations will not normally be scheduled between December 15th and January 7th. {b) Preference for vacations for the period June through September must be submitted in writing by April 1''. The department head will post the vacation schedule by May 1 51 If no preferences are submitted by April 1 51, vacation periods may be allotted by the Hospital in accordance with staffing requirements and employee requests.

41 40 Employees who do not request summer vacation prior to April 1, and persons requesting vacation at other times of the year, must make such requests in writing to their Manager at least two weeks prior to the posting of the schedule in which they wish to take vacation. Such requests will be granted on a first come, first served basis, subject to the staffing requirements of the Employer. It is understood that in certain circumstances two weeks notice is not possible. In such cases employees are to give as much advance notice as possible to their manager, it being understood that it is more difficult to accommodate requests with short notice periods For the purpose of vacation entitlement, service for those employees whose status is changed from part time to full time or vice-versa shall mean the combined service as a part time and full time employee employed by the Hospital and accumulated on a continuous basis An employee who leaves the employ of the Hospital for any reason shall be paid the vacation allowance due to him at the time of his termination as provided herein Illness During Vacation Where an employee's scheduled vacation is interrupted due to serious illness which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave. The illness must be verified by a doctor's note. Where an employee's scheduled vacation is interrupted due to a serious illness requiring the employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave. 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. ARTICLE 19(8) -VACATIONS (PART TIME EMPLOYEES) All part time employees shall be entitled to vacation pay on the basis of the following formula: i) Start of employment 4% of earnings ii) After one year of employment 6% of earnings

42 41 iii) After five years of employment iv) After thirteen (13) years of employment 8% of earnings 10% of earnings v) After twenty {20) years of employment 12% of earnings vi After twenty-eight (28) years of employment 14% of earnings The time of vacation for each employee each year will be mutually arranged between the employees and the Hospital, provided however that if there is a dispute over a respective vacation date between employees, seniority of an employee shall be a governing factor. In addition, should the parties be unable to mutually agree upon the time, the decision will be that of the Hospital. An employee shall be entitled to receive his/her vacation in an unbroken period unless otherwise mutually agreed upon between the employee and the Hospital. ARTICLE 20 - SICK LEAVE AND LONG TERM DISABILITY (FULL TIME EMPLOYEES) The Hospital will pay seventy-five percent (75%) of the billed premium toward coverage of eligible employees under the long term disability portion of the plan (being the most current Hospitals Of Ontario Disability Income Protection Plan (HOODIP)or an equivalent plan), the employee paying the balance of the billed premium through payroll deduction. For the purpose of transfer to the short-term portion of the disability program, employees on the payroll as of the effective date of the transfer with three (3) months or more of service shall be deemed to have three (3) months of service. For the purpose of transfer to the long-term portion of the disability program, employees on the payroll as of the effective date of the transfer with one (1) year or more of service shall be deemed to have one (1) year of service. Effective the first of the month following the transfer the existing sick leave plan shall be terminated and any provisions relating to such plan shall be null and void except as to those provisions relating to pay-out of unused sick leave benefits which are specifically dealt with hereinafter. Existing sick leave credits for each employee shall be converted to a sick leave bank to the credit of the employee at the then current per diem rate of pay based on his regular straight time hourly rate. The "Sick Leave Bank" shall be utilized to: (a) Supplement payment for lost straight time wages on sick leave days under the

43 42 new program which would otherwise be at less than full wages or no wages and, (b) (c) Where a payout provision existed under the former sick leave plan in the Collective Agreement, pay-out on termination of employment shall be that portion of any unused sick leave dollars under the former conditions relating to pay-out. Where, as of effective date of transfer an employee does not have the required service to qualify for pay-out on termination, his existing sick leave credits as of that date shall nevertheless be converted to a sick leave bank in accordance with the foregoing and he shall be entitled, on termination, to that portion of any unused sick leave dollars providing he subsequently achieves the necessary service to qualify him for pay-out under the conditions relating to such pay-out. The Hospital further agrees to pay employees an amount equal to any loss of benefits under HOODJP for the first two days of the fourth and subsequent period of absence in any calendar year. When an employee is absent by reason of incapacity or by reason of an accident occurring while on duty and an award is made by Workplace Safety & Insurance Board in respect thereof, such employee shall be entitled to receive the difference between his or her regular pay and the amount of such award up to but not in excess of his or her accumulated sick leave days. Any employee suffering a compensable injury will be paid for the first day of injury by the Hospital Upon termination of employment for any reason other than discharge for cause, and after five (5) years of continuous service, an employee will be entitled to receive fifty percent (50%) of his accumulated sick leave credits to a maximum of thirty (30) days' pay (a) An employee who has been scheduled to work but will not be able to report as scheduled due to illness or any other reason must notify his direct Manager, or designate, as soon as possible prior to the beginning of the employee's shift. A Designate will be identified in each department, and the designee will be identified to the Union. (b) When an employee has been referred by his family physician to see a "Specialist", time lost from regular scheduled work hours shall be considered paid sick leave and the employee will be compensated accordingly.

44 Whenever possible, an employee must notify his direct Manager, or designate at least the day before of his intention to return to work A full time employee who is absent from work as a result of an illness or injury sustained at work and who has been awaiting approval of a claim for Workplace Safety & Insurance Board benefits for a period longer than one complete pay period may apply to the Hospital for payment equivalent to the lesser of the benefit s/he would receive for Workplace Safety & Insurance Board benefits if his/her claim was approved, or the benefit to which s/he would be entitled under the short term sick portion of the disability income plan. Payment will be provided only if the employee provided evidence of disability satisfactory to the Hospital and a written undertaking satisfactory to the Hospital that any payments will be refunded to the Hospital following final determination of the claim by Workplace Safety & Insurance Board. If the claim for Workplace Safety & Insurance Board benefits is not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the short-term portion of the disability income plan. Any payment under this provision will continue for a maximum of 15 weeks Any dispute which may arise concerning an employee's entitlement to long-term disability benefits, and which is not covered by the appeal mechanism provided for under the policy of insurance, may be the subject of a grievance and arbitration under the provisions of this Agreement The Employer agrees to pay for Employer directed medical examinations and any documentation associated with same. ARTICLE 21{A) - HEALTH AND INSURED BENEFITS {FULL TIME EMPLOYEES) Group Life Insurance The Hospital agrees to pay one hundred percent (100%) of the cost of the Hospitals of Ontario Group Life Insurance Plan for all employees on the active payroll. It shall be a condition of employment that employees join the plan in accordance with its eligibility requirements Extended Health Care The Hospital agrees to pay seventy-five percent (75%) of the billed premium of the Blue Cross Extended Health Care Plan, with coverage to include Vision Care at a maximum of $ every 24 months, (increase to three hundred and fifty dollars effective November 1, 2018), 15/25 deductible, no co-insurance, on behalf of all eligible employees on the active payroll who participate in accordance with the terms and conditions of the plan, provided the balance of the billed premium is paid by the

45 44 employee through pay roll deduction. The Vision Care allowance may also be applied to laser eye surgery if requested. Vision Care includes the cost of an eye exam once every two years. Chiropractors will be added to the list of paramedical practitioners in the amount of three hundred fifty ($350) dollars per year. Payment for private duty nursing shall be limited to ninety (90) eight hour shifts Semi Private Hospitalization The Hospital agrees to pay one hundred percent (100%) of the billed premium for coverage of eligible employees for semi-private insurance for each employee in the employ of the Hospital eligible for coverage Pension Plan It shall be a condition of employment that in accordance with the Hospitals of Ontario Pension Plan every permanent employee shall on fulfillment of eligibility requirements enter the plan in accordance with its terms Dental Plan The Hospital shall contribute 75% of the billed premium towards coverage of eligible participating employees under the dental plan (Blue Cross #9 - current ODA schedule or its equivalent with a one year lag and nine month recall (adults only), orthodontics 50/50 coinsurance with $1, maximum per insured lifetime, complete and partial dentures at 50/50 coinsurance to $1, maximum per person annually and Blue Cross Rider #4 (crowns, bridgework and repairs to same) at 50/50 coinsurance to $1, maximum per person annually, and such employees shall pay the remaining premium through payroll deduction Substitution of Carrier It is understood that the Hospital may at any time substitute another carrier for any plan (other than OHIP) provided that the benefits conferred thereby are not in total decreased. Before making such a substitution, the Hospital shall notify the Union to explain the proposed change and to ascertain the views of the employees. Upon a request by the Union, the Hospital shall provide to the Union full specifications of the benefit programs contracted for and in effect for employees covered herein The Hospital will make provision with its insurers to allow all employees who hereafter retire early to maintain to age 65, at the retiree's cost, his or her participation in the Extended Health and Dental plans. The employee must retire directly from active employment and would make arrangements to make such premium payments through the payroll office. Responsibility of such payment is the obligation of the retiree and

46 45 failure could result in cancellation of coverage. Premium amounts may not be the same as for those in active employment. Effective for persons who retire after June 29, 2006 the Employer will pay fifty percent (50%) of the normal Employer premium share with the employee paying the balance The Hospital will provide equivalent coverage to all employees who retire early pursuant to Article and have not yet reached age 65 and who are in receipt of the Hospital's pension plan benefits on the same basis as is provided to active employees for semiprivate, extended health care and dental benefits, provided that the retired employee makes satisfactory arrangements with the Hospital to pay his/her share of the billed premiums. The Hospital will contribute the same portion towards the billed premiums of these benefit plans as is currently contributed by the Hospital to the billed premiums of active employees BENEFITS AGE 65 OR OLDER Extended Health Benefits, and dental plan will be extended to active employees from the age of sixty-five (65) up to and including their seventieth (70th) birthday on the same cost basis as employees under the age of sixty-five (65). ARTICLE 21 (BJ- PERCENTAGE IN LIEU OF BENEFITS (PART TIME EMPLOYEES) In lieu of full time coverage for health and insured benefits and income protection including holiday pay, part-time employees shall receive in addition to their regular hourly rate an amount equivalent to 14% of their straight time hourly rate. ARTICLE 22- PREMIUM PAY AND ALLOWANCES Shift Premium An employee will be paid a shift premium of one dollar five cents ($1.05) per hour for each hour worked when the majority of such hours so worked fall between 1500 and 0700 hours the following day. Effective April 1, 2019 increase to of one dollar and ten cents $1.10 per hour.

47 Standby Pay An employee who is required to remain available for duty on standby, outside the normal working hours for that particular employee, shall receive standby pay in the amount of $3.30 per hour for all hours on standby. Standby pay shall however, cease where the employee is called into work under Article (a) Weekend Premium An employee will receive one dollar five cents ($1.05} per hour for all hours worked between 2330 hours Friday and 2330 hours Sunday. Effective April 1, 2019 increase to of one dollar and ten cents $1.10 per hour Responsibility Allowance When an employee relieves in a supervisory position for the majority of the seven and one-half hour shift or more on a continuous basis which has been authorized by the Hospital, he shall be paid 10% in excess of his prevailing wage rate for all hours so worked in such supervisory position. ARTICLE 23 - COMPENSATION Wages shall be in accordance with Schedule "A" attached Job Classification When a new classification (which is covered by the terms of this collective agreement) is established by the Hospital, the Hospital shall determine the rate of pay for such new classification and notify the local Union of the same. If the local Union challenges the rate, it shall have the right to request a meeting with the Hospital to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10} days after the receipt of notice from the Hospital of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the rate was given by the Hospital. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the agreement within fifteen (15} days of such meeting. The decision of the Board of Arbitration shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit, having regard to the requirements of such classification, and shall be retroactive to the date that notice of the new rate was given by the Hospital.

48 Job Assignment and Transfers (a) (b) An employee designated to perform duties in a higher rated, non-supervisory category shall be paid not less than the start rate for that category. If the start rate in the higher category is less than the employee's own rate, the employee shall be paid the rate in the higher category that is next above his own rate. When an employee transfers or is transferred from one department or classification where the wage rate is equal to or higher, he or she shall be paid at such rate set out in the wage schedule for such department or classification so that the employee will not be earning less money than prior to the transfer A part time employee whose status is altered to full time and who continues to work in the same classification will assume his same level on the full time grid. A full time employee whose status is altered to part time and who continues to work in the same classification will assume his same level on the part time grid. In addition, an employee who is so transferred will be given credit for service accumulated since the date of his last advancement. ARTICLE 24 - MISCELLANEOUS Printing Costs The Hospital will share with the Union the cost of printing of the Collective Agreement on an equal basis in a form mutually agreed upon Bulletin Boards The Employer shall provide bulletin board(s) which shall be placed so that all employees will have access to them and upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees/union membership. The Bulletin Board will be locked and a key will be provided to a designated member of the Union Change of Address It shall be the duty of the employee to notify the Hospital promptly of any change in address. If an employee fails to do this, the Hospital will not be responsible for failure of a notice sent by registered mail to reach such an employee.

49 Influenza Vaccine The parties agree that influenza vaccinations may be beneficial for patients and employees. Upon a recommendation pertaining to a facility or a specifically designated area(s) thereof from the Medical Officer of Health or in compliance with applicable provincial legislation, the following rules will apply: (a) (b) (c) (d) (e) (f) (g) (h) (i) Employees, subject to their consent, may be required to be vaccinated for influenza. If the full cost of such medication is not covered by some other source, the Hospital will pay the full or incremental cost for the vaccine and will endeavor to offer vaccinations during an employee's working hours. In addition, employees will be provided with information, including risks and side effects, regarding the vaccine. Hospitals recognize that employees have the right to refuse any required vaccination. If an employee refuses to take the vaccine required under this provision, he/she may be placed on an unpaid leave of absence during any influenza outbreak in the hospital until such time as the employee is cleared to return to work. If an employee is placed on unpaid leave, he/she can be use banked lieu time or vacation credits in order to keep his/her pay whole. The Employer will endeavor to reassign employees to appropriate work areas provided such re-assignment does not adversely impact the scheduled hours of others employees. If an employee refuses to take the vaccine because it is medically contraindicated, and where a medical certificate is provided to this effect, she or he will be reassigned during the outbreak period, unless reassignment is not possible, in which case the employee will be paid. It is agreed that any such reassignment will not adversely impact the scheduled hours of other employees. If an employee gets sick as a result of the vaccination, and applies for WSIB, the Hospital will not oppose the claim. Notwithstanding the above, the Hospital may offer the vaccine on a voluntary basis to employees free of charge. This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code. An employee that has worked in a location outside of Hanover District Hospital

50 49 that is experiencing an influenza outbreak will not be permitted to work at the Hospital until such time that the outbreak is declared over by the Chief Medical Officer. ARTICLE 25 - RETROACTIVITY The wage increase shall be effective as and from the date specifically listed on a retroactive basis to all employees in the bargaining unit for all paid hours of employment. Any new employees shall be entitled to a pro rata adjustment to their remuneration from the date of their employment. The Hospital shall be responsible to contact, in writing (with a copy to the Union) at their last known address, employees who have left its employ, to advise them of their entitlement to any retroactive wage adjustment. Any employee who has terminated his employment prior to the signing of this contract shall have a period of sixty (60) days only from the execution of the collective agreement to their remuneration. The retroactive payments shall be made to the employees so entitled within 60 days from ratification. All other adjustments shall be effective as of the date of ratification of this agreement, except as otherwise set out in this Agreement. ARTICLE 26 - DURATION, RENEWAL AND TERM This Agreement shall remain in effect until and including March 31, 2021 and thereafter from year to year unless amended through negotiations Notice of intent to amend this Agreement shall be given by either party to the other in writing within a period of 90 days prior to the expiry date of this Collective Agreement. Negotiations with respect thereto shall begin within 15 days after filing notice to bargain for a new amended agreement If pursuant to such negotiations an agreement on the renewal or amendment of this agreement is not reached prior to the expiration date, this Agreement shall automatically be extended until consummation of a new Collective Agreement in full. Dated at HANOVER, ONTARIO, this 3] day of QC, ~, FOR UNIFOR

51 50

52 51 Appendix" A" Classification Start 1 year 2 years 3 years Level 1 Office Clerk / Med Records Clerk (File Clerk) 01-Apr-16 $20.22 $20.41 $20.60 $ Apr-17 $20.50 $20.70 $20.89 $ Apr-18 $20.79 $20.99 $21.18 $ Apr-19 $21.12 $21.32 $21.52 $ Apr-20 $21.47 $21.67 $21.87 $22.10 Level2 01-Apr-16 $21.09 $21.27 $21.45 $21.65 Switchboard I Ward Clerk* 01-Apr-17 $21.39 $21.57 $21.75 $ Apr-18 $21.68 $21.87 $22.05 $ Apr-19 $22.03 $22.22 $22.41 $ Apr-20 $22.40 $22.59 $22.78 $22.99 Admitting I Outpatient Clerk (Registration Clerk) 01-Apr-16 $21.11 $21.29 $21.49 $ Apr-17 $21.41 $21.59 $21.79 $ Apr-18 $21.71 $21.89 $22.10 $ Apr-19 $22.05 $22.24 $22.45 $ Apr-20 $22.42 $22.61 $22.82 $22.99 Level3 Health Records I Transcription isl 01-Apr-16 $21.55 $21.84 $22.11 $ Apr-17 $21.85 $22.15 $22.42 $ Apr-18 $22.16 $22.46 $22.73 $ Apr-19 $22.51 $22.82 $23.10 $ Apr-20 $22.88 $23.19 $23.48 $23.78 Coder 01-Apr-16 $23.96 $24.81 $25.70 $ Apr-17 $24.30 $25.16 $26.06 $ Apr-18 $24.64 $25.51 $26.42 $ Apr-19 $25.03 $25.92 $26.85 $ Apr-20 $25.44 $26.35 $27.29 $28.24