COLLECTIVE AGREEMENT FULL-TIME. between CARESSANT CARE NURSING AND RETIREMENT HOMES LIMITED LISTOWEL NURSING HOME. (Hereinafter called the "Home")

Transcription

1 '. [,i COLLECTIVE AGREEMENT FULL-TIME between CARESSANT CARE NURSING AND RETIREMENT HOMES LIMITED LISTOWEL NURSING HOME (Hereinafter called the "Home") OF THE FIRST PART -and- HEALTH, OFFICE & PROFESSIONAL EMPLOYEES A Division of Local175 United Food & Commercial Workers Canada Chartered by the United Food & Commercial Workers Canada, CLC, AFL-CIO (Hereinafter called the "Union") OF THE SECOND PART Term: June 1, 2009 to May 31, 2014

2 ' '.( TABLE OF CONTENTS Contents ARTICLE 1 - PREAMBLE... 3 ARTICLE 2- RECOGNITION... 3 ARTICLE 3- STRIKES AND LOCKOUTS... 3 ARTICLE 4- MANAGEMENT RIGHTS... 3 ARTICLE 5- NO DISCRIMINATION... 5 ARTICLE 6 - UNION SECURITY... 5 ARTICLE 8- GRIEVANCE PROCEDURE... 8 ARTICLE 9 - DISCHARGE OR SUSPENSION CASES ARTICLE 10- REPRIMANDED EMPLOYEE ARTICLE 11 -SCHEDULES ARTICLE 12- SUPPLEMENTARY AGREEMENTS ARTICLE 13- PROBATIONARY EMPLOYEES ARTICLE 14- SENIORITY ARTICLE 15- LAYOFFS AND RECALLS ARTICLE 16- LEAVES OF ABSENCE ARTICLE 17- BULLETIN BOARDS ARTICLE 18 - DISCIPLINARY WARNINGS ARTICLE 19- HOURS OF WORK, OVERTIME, ETC ARTICLE 20 - GENERAL ARTICLE 21- VACATIONS ARTICLE 22- PAID HOLIDAYS ARTICLE 23- CLASSIFICATIONS AND WAGES ARTICLE 24- SICK LEAVE ARTICLE 25- HEALTH AND WELFARE ARTICLE 26- SAFETY AND HEALTH ARTICLE 27- COPIES OF AGREEMENT ARTICLE 28- UNIFORM ALLOWANCE ARTICLE 29- OTHER ARTICLE 30- DURATION APPENDIX "A" LETTER OF UNDERSTANDING RE: UFCW Training & Education Fund RE: Consistent Scheduling RE: Regarding Pension Fund Committee

3 ' ' r. ARTICLE 1 - PREAMBLE 1.01 It is the desire of both parties to this Agreement: i) to maintain and improve the harmonious relationship and settled conditions of employment between the Home and the Union; ii) to recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions, employment, services, etc.; iii) to encourage efficiency in operation; iv) to promote the morale, well-being and security of all the employees in the bargaining unit represented by the Union. ARTICLE 2- RECOGNITION 2.01 The Home recognizes the Union as the sole collective bargaining agent for all employees of Caressant Care Nursing and Retirement Homes Limited, Listowel Nursing Home, at Listowel save and except Registered and Graduate Nurses employed in that capacity, Director of Nurses, persons above the rank of Director of Nurses, office and clerical staff and those persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period For the purpose of interpretation, wherever the feminine gender is used in this Agreement, it shall be deemed to include the masculine, and vice-versa and, similarly, the singular shall include the plural and vice-versa, as applicable Persons whose jobs are not in the bargaining unit shall not perform work normally performed by the employees within the bargaining unit Part-time employees who work more than forty-eight (48) hours bi-weekly due to call-ins, illness, WSIB, vacations, etc., shall remain as part-time employees. ARTICLE 3- STRIKES AND LOCKOUTS 3.01 The Home will not cause or direct any lockout of its employees, and the Union will not cause or direct any strikes, nor will employees participate in any collective action which will interfere with the operation of the Home The definitions of the terms "lockout" and "strike", as used in Section 3.01 above, shall be in accordance with the Labour Relations Act. ARTICLE 4- MANAGEMENT RIGHTS 4.01 Except where specifically abridged by the term of this Agreement, it is the exclusive right and function of the Home to manage and direct its operations and affairs in all respects and without limiting or restricting this right and function: 3

4 ' ' ' ( a) to maintain order, discipline and efficiency and to make, alter and enforce reasonable rules and regulations to be observed by employees; b) to hire, classify, direct, promote, demote, transfer, discipline, suspend an discharge employees; and to increase and decrease working forces, provided that a claim of discriminatory classification, promotion, demotion, discipline or suspension, or a claim by an employee that he has been discharged without just cause may become the subject of a grievance and be dealt with as hereinafter provided; c) generally to manage the Home and, without restricting the generality of the foregoing, to determine the number and location of the Home establishments, the services to be rendered, the methods, the work procedures, the kinds and locations of machines, tools, instruments and equipment to be used; to select, control and direct the use of all materials required in the operation of the Home, to schedule the work and services to be provided in the interest of the safety and well-being of the Home's residents and the public The Home shall not exercise its rights to direct the working forces in a discriminatory manner. All actions under this Article shall be subject to the grievance procedure herein The meaning of "discriminatory" in this Article shall be as contemplated by the Ontario Human Rights Code Management may suspend, discharge and otherwise discipline employees only for just cause (a) In the event the Public Health Unit and/or Advisory Physician of the facility deem it necessary to conduct medical examinations or require medical testing of employees in an effort to control or eliminate an outbreak in the Home, all employees shall cooperate with the party requesting the information. If the above medical examinations/tests are offered at no charge in or by the Home, employees may go to their own physician, but any charge will not be covered by the Home. Any Medical Certificate will be handled in accordance with Article (full-time and R.N.) and Article (part-time) (b) Any provision of this Collective Agreement which violates any requirement imposed by any government body shall be deemed void. (c) The parties recognize the Home has a Policy and Procedure covering influenza. Upon recommendation of a Medical Officer of Health, all employees shall be required, on an annual basis to be vaccinated or to take antiviral medication for influenza. The Employer will provide the vaccination to the employees free of charge. Should employees elect not to be vaccinated by the staff of the Home, but to be vaccinated by their family physician or other source outside the Home, the Employer will not be responsible for the cost of the vaccination or any other antiviral medication should the Policy and Procedure go into effect. 4

5 . ' Employees who fail to obtain an influenza vaccination shall be permitted to undertake the alternate therapy of antiviral medication. Each employee shall advise their immediate supervisor as to which course of treatment they have chosen to pursue. An employee choosing to abstain from either medical treatment shall advise their immediate supervisor as to the reasons why and provide medical documentation in support of their non-participation. In the event that employees are able to establish that neither course of immunization is beneficial in light of their individual medical condition, the Employer shall permit such effected employees to apply for coverage pursuant to Article (a) of the collective agreement, specifically, Weekly Indemnity coverage for the duration of the influenza outbreak. In the event an influenza outbreak is declared the Employer shall provide a seventy-two (72) hour window of opportunity, from the date of the declaration, for employees to obtain, from their personal physician, and consume the antiviral medication. If any antiviral users miss shifts during the seventy-two (72) hours period, those employees shall be entitled to elect one (1) of the following options (despite any conflicts with the provisions of the collective agreement): 1. to lose their pay for the scheduled shifts, or 2. to declare the time off as part of the vacation entitlement, or 3. to utilize their outstanding accumulation of sick days. ARTICLE 5- NO DISCRIMINATION 5.01 The Home agrees that there shall be no discrimination, interference, restriction, coercion or intimidation exercised or practised with respect to any employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, discharge or otherwise by reason of his membership or activity in the Union or lack of membership or activity in the Union, nor by reason of political or religious affiliation, sex, marital status or age. The Home and the Union agree to abide by all terms and conditions of the Human Rights Code of Ontario, as amended from time to time. ARTICLE 6 - UNION SECURITY 6.01 All employees within the bargaining unit of the Home shall, as a condition of employment. become members of the Union and remain so, in good standing, for the term of this Agreement. The Home shall remit to the Union, within thirty (30) calendar days following completion of the employee's probationary period, the official United Food & Commercial Workers Membership Application Form signed by the new employee. 5

6 The Home shall deduct from the bi-weekly wages of employees, the regular Union dues and/or the fees as set out by the Union to the Home from time to time by letter Such dues and/or fees so deducted shall be remitted to the Union by the twenty-fifth (25th) of the month following the month for which the dues and/or fees were deducted. The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of (remit@ufcw175.com) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in "Excel", "Quattro Pro", "Lotus", or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and acceptable to the Company and will provide the following information: 1. S.I.N. 2. Employee number if applicable. 3. Full name (last, first and initials). 4. Full address, including city and postal code. 5. Telephone number (including area code). 6. Date of hire. 7. Rate of pay. 8. Classification. 9. Full time or part time designation. 10. Union Dues deducted (or the reason a deduction was not made). If dues are deducted weekly, report requires five (5) columns for reporting. 11. Total dues deducted. 12. Initiation Fees deducted. 13. Total Initiation Fees. It is the responsibility of the employee to notify the Employer of any changes to address, telephone number and status. Every six (6) months, employees will be asked to supply an updated address and telephone number. Such information will be forwarded to the Union The Home agrees to show the total amount of Union dues on the employee's T4 slip The Home agrees to acquaint new employees that a Union Agreement is in effect and with conditions of employment set out in the Articles dealing with Union Security and Dues Check-Off On commencing employment, the employee's immediate supervisor shall introduce the new employee to her Union Steward or representative who will provide her with a copy of the Collective Agreement. 6

7 .,, 6.07 All correspondence relative to this Agreement, shall pass between the Administrator of the Home, or her/his designate, and the President of the Local Union, or his/her designate. ARTICLE 7 - UNION STEWARDS AND COMMITTEE 7.01 No individual employee, or group of employees, shall undertake to represent the Union at meetings with the Home without proper authorization of the Union a) The Union shall notify the Home, in writing, of the name of each Steward before the Home shall be required to recognize him or her The Union shall have the right to appoint, or otherwise select, a total offive (5) Stewards, two (2) full-time, two (2) part-time and one (1) Registered and/or Graduate Nurse In the event either party wishes to call a meeting, the meeting shall be held at a time and place fixed by mutual agreement. However, such meeting must be held not later than ten (1 0) calendar days after the request has been given, unless otherwise agreed The Union shall have the right at any time to have the assistance of representatives of the United Food & Commercial Workers Canada when dealing or negotiating with the Home. Such representatives shall have access to the Home's premises in order to investigate and assist in the settlement of a grievance, enforce the terms of the Collective Agreement and to generally service the membership with prior permission, which shall not be unreasonably withheld. (b) The Employer and the Union will continue to share the cost fifty percent (50%) each, of the meeting rooms for all negotiations, including conciliation, mediation, and interest arbitration (a) A Joint Bargaining Committee shall be selected by the Union to represent the Union at bargaining sessions. This Joint Bargaining committee shall represent the full-time bargaining unit, and the part-time bargaining unit. The total number of employees on the committee from the two (2) bargaining units shall not exceed three (3). This Joint Bargaining committee and the provisions of Clause 7.05 shall have no effect on the separateness and distinctiveness of the bargaining units. Employees on the Joint Bargaining Committee who are required to be in attendance at negotiations during regularly scheduled shifts, shall be paid their hourly rate to a maximum of seven and one half (7%) hours per day for all time spent in negotiations up to and including conciliation and mediation. The Home agrees the Union may bring an additional bargaining unit member into negotiations at the Union's expense. In order that this may be carried out, the Union will supply the Home with the names of its Officers. Similarly, the Home will supply the Union with a list of its supervisory or other personnel with wh9m the Union may be required to transact business.

8 . ' b) No employee shall act in the capacity referred to in 7.02 and 7.05 above until after he or she has completed his or her probationary period. c) The Union acknowledges that the Stewards and members of the bargaining committee have regular duties to perform on behalf of the Home, and that such persons will not leave their regular duties without notifying their immediate Supervisor. Each Steward shall, with the consent of her Supervisor, be permitted, without loss of pay, to leave his or her regular duties for a reasonable length of time without loss of pay to function as a Steward as in this Agreement provided. Such consent from the supervisor shall not be unreasonably withheld The Stewards so selected shall constitute the Grievance Committee so long as they remain employees or until their successors are chosen. ARTICLE 8 - GRIEVANCE PROCEDURE 8.01 Definition of a Grievance Within the terms of this Agreement, a grievance shall be defined as a difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, and shall be settled in the manner outlined in this Article Complaint Stage It is the mutual desire of the parties that the complaints of employees shall be adjusted as quickly as possible. An employee who has a complaint must bring that complaint to the attention of the immediate Supervisor within seven (7) calendar days of when the employee became, or ought reasonably to have become, aware of the occurrence which gave rise to the complaint. The employee may be accompanied by a Steward. It is understood that no employee has a grievance until the immediate Supervisor has been given an opportunity to adjust the complaint and verbally reply, which shall be a maximum of three (3) calendar days from the presentation of the complaint. The parties agree that under unusual circumstances the employee may bypass the complaint stage and file the grievance at Step One of the Grievance Procedure; however, it is understood by all parties that the complaint stage must be taken seriously and every attempt must be made to resolve complaints at this stage Grievance Initiation Subject to having completed the complaint stage set in Article 8.02, the employee shall set out the grievance in writing, sign the grievance, and then, within ten ( 1 0) calendar days of the verbal reply of the immediate Supervisor set out in Article 8.02, commence to process the grievance through the following steps in the following sequence: 8

9 ' ' STEP ONE: The employee and/or Steward shall present the written grievance to the Administrator, or her designate, within ten (1 0) calendar days as set out in this Article above. The Administrator, or her designate, shall reply in writing within ten (10) calendar days of receipt of the grievance. STEP TWO: Failing settlement at Step One, the Union Representative may, within twentyone (21) calendar days of receipt of the Administrator's reply, request a meeting between the parties. Such meeting shall take place within twenty-one (21) calendar days of receipt of request by the Administrator/Human Resources Department. The redress sought may be amended at Step Two of the Grievance Procedure. The Administrator shall reply in writing within fourteen (14) calendar days of the date of the meeting set out herein. Failing settlement, the grievance may be referred to arbitration Arbitration Failing settlement of the grievance at Step Two, either of the parties may notify the other party, in writing, of its desire to proceed to arbitration. Such notification shall be mailed within twenty one (21) calendar days from the date on which the reply of the Administrator was given at Step Two. The notice shall contain the name of the first party's appointee to the Arbitration Board. The recipient shall notify the first party within twenty one (21) calendar days of their nominee. The nominees shall, by mutual agreement, select a Chairperson within thirty (30) calendar days. If the recipient of the notice fails to appoint a nominee or if the two appointees fail to agree upon a Chairperson within the time stipulated, the appointment shall be made by the Minister of Labour upon the request of either party within five (5) calendar days thereof. The Arbitration Board shall hear and determine the difference or allegation, and shall issue a decision, and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson will govern Expenses Each party shall bear the expense of its appointee and of its witnesses, and the expenses of the Chairperson shall be shared equally by both parties Decision To Be Consistent With This Agreement The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor shall they have the power to add to, to subtract from, or modify, any part of the terms of this Agreement. 9

10 . ' 8.07 Witnesses At any stage of the Grievance Procedure, including arbitration, the parties may have the assistance of the employee(s) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or an Arbitration Board to view working conditions which may be relevant to the settlement of the grievance Grievor Confined to Grievance The employee and/or Union shall be confined to the grievance and redress sought as set forth in the written grievance filed as provided in Article 8.03, Step One or Step Two. No matter may be submitted to arbitration which has not been properly processed through all previous Steps of the Grievance Procedure Grievance Must Be Processed in Accordance With Agreement Subject to Article 8.12, a grievance which has not been processed by the grievor or the Union Representatives in accordance with the time limits prescribed shall be deemed to have been withdrawn Home Grievances It is agreed and understood that the Home, in lodging a grievance with respect to the conduct of, or an alleged violation of the Collective Agreement by an employee covered by this Agreement, Officer of the Union, Committee Member or Steward, may submit such grievance, in writing, to the President of the Local Union within seven (7) calendar days of the occurrence giving rise to the grievance. Such grievance shall commence at Step Two of the Grievance Procedure Policy Grievance Within the terms of this Agreement, a Union or Home Policy Grievance shall be defined as any difference between the Home and the Union concerning the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, including a question as to whether or not a matter is arbitrable. Such grievance shall be submitted, in writing, to the Director of Personnel of the Home, or the President of the Local Union, whichever is applicable, within twenty-one (21) days of when the grieving party became aware of or ought reasonably to have become aware of the occurrence giving rise to the grievance. Such grievance shall commence at Step Two of the grievance procedure. The Director of Personnel or the President of the Local Union shall convene a meeting of the parties within twenty-one (21) calendar days of receipt of the grievance, or such time as may be mutually agreed upon. The Director of Personnel or the President of the Local Union, whichever is applicable, shall reply in writing within fourteen (14) calendar days of the date of the meeting. Thereafter, the grievance shall proceed in accordance with the provisions of the Collective Agreement. 10

11 8.12 Compliance With Time Limits Mandatory The foregoing procedures shall be strictly adhered to by both parties, provided that any of the time limits imposed herein may be extended by mutual consent, in writing. Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without having notified the other party of its final position on any grievance in writing. Should either party serve such notice on the other party, the parties further agree that the time frame in the Collective Agreement respecting "filing for arbitration" shall be triggered. The parties further agree that any Board of Arbitration or single Arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing. ARTICLE 9- DISCHARGE OR SUSPENSION CASES 9.01 Claim of Unjust Suspension or Discharge A claim by an employee who has completed the probation period and holds seniority, that such employee has been unjustly suspended or discharged, shall be treated as a grievance commencing at Step Two of the Grievance Procedure, provided that the grievance is mailed to the Administrator within ten (1 0) calendar days after the employee has received the notice of suspension or discharge. The notice of suspension or discharge shall be given to the employee in the presence of a Union Steward provided, however, that if the employee is not at work and it is not possible to deliver the notice of suspension or discharge personally to such employee, such notice shall be sent to the employee by registered mail, and a copy shall be delivered to the Union Steward. Thereafter, the grievance may be processed to arbitration in accordance with Article ARTICLE 10- REPRIMANDED EMPLOYEE The Employer agrees that whenever a meeting is held with an employee when the subject matter is intended to become part of the employee's discipline record, a Steward shall be present as a witness. The employee may request the Steward leave the meeting. If the Steward(s) is absent the employee may choose another employee or postpone the meeting to no later than the employee's next shift Prior to leaving the Home, a discharged employee, at her request, shall have the right to consult with her Union Steward or another employee of their choice in the absence of a Union Steward. Such meeting shall not exceed fifteen (15) minutes. The above shall not apply to employees who have not completed their probationary period. 11

12 .. ARTICLE 11 -SCHEDULES Attached hereto and forming part of this Agreement is Appendix "A". ARTICLE 12- SUPPLEMENTARY AGREEMENTS Supplementary Agreements, if any, may form part of this Agreement if the parties so agree and are subject to the Grievance and Arbitration Procedure. ARTICLE 13- PROBATIONARY EMPLOYEES The parties agree with reference to probationary employees that: a) The probationary period for full-time workers will be three (3) calendar months. b) During the probation period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period, and have been retained by the Home at the expiration thereof, shall be considered as regular employees and shall be credited with seniority from last date of hire. The Union acknowledges that the Home has a policy which amounts to a lesser standard for the termination of probationary employees. c) It is agreed the layoff, failure to recall from layoff, discipline or discharge of a probationary employee, shall not be made the subject of a grievance. d) An employee hired as an extra person under a grant system through the Ministry of Health shall remain a probationary employee, until the grant funding is complete. When the employee starts working on her own, her probationary period will start, as per Article a). ARTICLE 14- SENIORITY (a) Seniority for full-time employees shall be defined as length of continuous service with the Home in the bargaining unit. A new employee shall be placed on his/her seniority list at the end of the probationary period and his/her respective seniority shall be dated back to the.most recent date of hire. (b) Up to date full time and part time seniority lists checked by the Union shall be prepared by the Home every six (6) months. Copies shall be posted in the Home and sent to the Union office An employee shall not lose seniority rights if he or she is absent from work because of sickness, accident, layoff or leave of absence approved by the Home. An employee shall only lose his or her seniority and be deemed to be terminated in the event: (a) he or she is discharged for just cause and is not reinstated; 12

13 (b) she voluntarily resigns; (c) he/she is absent from work in excess of three (3) working days without a reasonable excuse and/or without notifying the Home, unless such notification was not reasonably possible. (d) he or she fails to return to work within seven (7) calendar days following a layoff and after being notified by registered mail to do so, unless through sickness or other just cause. It shall be the responsibility of the employee to keep the Home informed of her current address; (e) she is laid off for a continuous period of more than twelve (12) months. (f) is absent due to work or a non-work related illness or disability and there is no reasonable likelihood the employee will return to work in the near future for a period exceeding twenty-four (24) months, unless extended by mutual agreement. (g) the employee uses a leave of absence to work elsewhere, unless the parties approve the terms and conditions of such leave prior to its commencement. Such leave shall be for a maximum of three (3) months Employees in the bargaining unit shall be given credit for time worked at the Home outside the bargaining unit for purposes of determining their seniority Job Posting and Vacancies (a) In this paragraph, a vacancy means a position of employment within the bargaining unit which is not filled but does not include any such position which is expected to be of four (4) weeks or less duration. (b) When a vacancy occurs, the Home shall post a notice of such vacancy on the bulletin board. (c) When filling any vacancy, the Home shall give preference to a seniority applicant employee in the bargaining unit with most seniority, provided such employee is reasonably qualified to perform the required work. (d) An employee selected to fill a vacant position in a different job classification or a higher rated classification, shall hold that position for a period of up to one (1) month. The position shall become permanent after the trial period unless: i) The employee decides within thirty (30) calendar days that she is not suitable for the job and decides to return to her former position or; ii) The Home decides that the employee is not suitable for the job. In either case, the employee will return to her former position and wage rate without loss of seniority. Any other employee promoted or transferred as a result of the rearrangement of positions shall also be returned to her former position and wage rate without loss of seniority. 13

14 (e) A vacancy shall be posted for a period of ten (10) days or less, if agreed, between the Administrator and the Steward, on the Bulletin Board. Applicants must notify the Home, in writing, within the above ten (1 0) day period (they must indicate the date and time of day on their application) in order to be eligible for the posting. In cases where two (2) or more candidates are reasonably qualified to fill the vacancy, the senior employee shall be given a trial period of one (1) month by the Home. The Home will endeavour to assign the employee to every shift within the job during the trial period. This will only apply if the employee bids into a different job. The successful candidate to a different job will be paid in accordance with the new classification in Schedule "A" and her seniority. (f) Employees who are on vacation may indicate in advance their desire to apply for a posting, if such a posting should occur during their absence. In such a case, the Home shall fill the vacancy temporarily. (g) Only the original vacancy and one (1) subsequent vacancy (i.e., created as a result of a successful job bid on the original vacancy) shall be subject to posting. (h) When a part-time employee from within the part-time bargaining unit wishes to transfer to a full-time bargaining unit (or vice versa) and an opening is posted, they shall be entitled to apply under this Article. (i) The name of the employee who fills the vacancy shall be posted on the bulletin board for five (5) days. 0) it is understood the successful candidate gives up all rights and claims for hours in her prior position upon her start in her new position, except as provided in Article (d) The Union shall be notified, in writing, of all hirings, layoffs, and discharges which occur after the employee's probationary period The Employer shall have the option of posting temporary [up to ninety (90) calendar days] full-time positions for summer vacation relief. ARTICLE 15 LAYOFFS AND RECALLS Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their seniority, provided those retained have the skill, qualifications and ability to perform the work required. Seniority employees shall be recalled in inverse order of layoff, with the same provisos regarding skill, qualifications and ability. The person being laid off may bump any person who is junior to the laid off employee, in any department, as long as the laid off employee meets the above requirements, as in the past practice No new employee will be hired until those laid off have been given the opportunity of re-employment. 14

15 15.03 Unless legislation is more favourable to the employees: (a) The Home shall notify, in writing, full-time employees who are to be laid off two (2) weeks prior to the effective date of the layoff unless prevented from doing so by fortuitous or unforeseeable events of circumstances. If such employee has not had the opportunity to work the days as provided in this Article, she shall be paid for the days for which work was not made available. (b) In the case of part-time employees and in accordance with paragraph a) above, two (2) weeks' notice, in writing, will be given or pay in lieu for the scheduled hours during the two (2) week period. ARTICLE 16- LEAVES OF ABSENCE The granting of any of the following leaves of absence will be at the sole discretion of the Management Personnel of the Home, but shall not be unreasonably denied. Requests for leave of absence and/or vacation will not be granted or approved between December 15 and January 2 of any given year. Employees will exhaust their vacation entitlement before any leave of absence will be granted. Employees who have prescheduled and prepaid vacation will be considered for a leave in emergency situations. Personal Leave: (a) An employee requesting leave of absence for personal reasons for three (3) working days or Jess shall do so verbally to a Supervisor. If granted, permission must be given in writing to the employee concerned. (b) An employee requesting leave of absence for personal reasons for more than three (3) working days shall make such request, in writing, to the Administrator detailing reasons and specific dates. (c) Any request shall be considered on its merits by the Administrator and his decision with reasons given shall be given, in writing, to the employee. Such request shall not be unreasonably denied. (d) An employee who has received such permission to be absent will continue to accumulate seniority during his/her absence. (e) An employee will not use a leave of absence for purposes other than for which the leave of absence was intended Union Leave: (a) The Home shall grant leave of absence, without pay or Joss of seniority, to four (4) employees at any one time to attend Union Conventions or Educational Sessions. The Employer reserves the right to limit attendees to a maximum of one (1) at a time, from small departments to include, Cook, Maintenance, Aide/Nurse Clerk, RPN & Restorative Care. Such leave must be applied for at least three (3) weeks in advance of the posting of the schedule, and all leave for all employees shall not exceed twenty (20) working days per year. The 15

16 Home shall not maintain employee benefits during Union Leaves over two (2) consecutive weeks duration in any single leave, unless the Home is reimbursed for the cost of premiums by the first of the month for the duration of the leave. (b) Upon written notification from the U.F.C.W. for paid Union Leave, the Employer agrees to keep the wages and benefits whole for all employees on Union Leave of two (2) weeks or less under this Article only and will invoice the Union for such wages, as well as the Employer's cost of Employment Insurance, Canada Pension Plan, Employer's Health Care Tax, W.S.I.B. premiums, and any other federal or provincial cost items the government(s) may impose upon the Employer, vacation pay, paid holiday earnings, pension contributions, benefit costs, shift premium, in charge premium and/or any other negotiated premiums and benefits. The Union agrees to pay the above invoice no later than the 25 1 h of the month following the month in which the invoice was mailed Jury Duty: Each employee who is summoned to and reports for jury or witness duty, as prescribed as applicable law (subject to the eligibility requirements set out below) shall be paid by the Home the difference between the payment for such services received from the court and the employee's hourly rate as found in Appendix "A" exclusive of premiums, times the number of hours up to seven and one-half (7 %) that he would otherwise have been scheduled to work. The Company's obligation to pay an employee for jury or witness duty under this section is conditional on the employee's meeting all of the following eligibility requirements: (a) The employee shall have given twenty-four (24) hours' notice to the Company that he has been summoned for jury or witness duty unless impossible to do so. (b) The employee shall furnish satisfactory evidence to the Home that he has reported for and performed jury or witness duty on the days for which he claims payment, and shall furnish acceptable proof of the amount of jury or witness duty pay received by him. (c) The employee would otherwise have been scheduled to work for the Home on the day or days for which he claims payment (a) During leave of absence, the Home shall continue to make welfare payments on behalf of the employee to all health and Welfare Plans for a period of one (1) month. (b) Seniority shall be retained and shall accumulate when an employee is absent from work on an approved leave of absence without pay or on a sick leave or on a maternity or adoption leave. An employee shall retain and shall accumulate seniority while on WSIB. 16

17 16.05 Bereavement Leave (a) If an employee is bereaved of a spouse, common law spouse, same sex partner, child or parent, she shall be granted a leave of absence of five (5) consecutive days off with pay, provided the funeral is attended. The days granted shall commence the day following the date of death. (b) If an employee is bereaved of a brother, sister, grandchild, grandparent, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, sonin-law, step-mother, step-father, step-daughter or step-son she shall be granted a leave of absence of three (3) consecutive days off with pay, provided the funeral is attended. The days granted shall commence the day following the date of death. (c) If an employee is bereaved of an aunt, uncle, niece or nephew she shall be granted a leave of absence of one (1) day with pay. (d) Bereavement pay shall be paid only for days upon which the employee was scheduled to work. (e) In the event extensive travel is required, the Home will consider an employee's request for an additional leave of absence, which shall be unpaid Maternity/Parental/Adoption Leave (a) Maternity/Adoption Leave shall be granted in accordance with the Employment Standards Act, as amended from time to time. While an employee is on pregnancy/parental leave, the Home shall continue to make Employer contributions to Life Insurance, Accidental Death, E.H.C. and Dental Plans provided the employee has advised the Home, in writing, that she will continue to make the employees contributions (if any) to such plans prior to the due date of the premium. Pension contributions, while on pregnancy, parental leave, will be provided by the Home and the employee completing a C.C.W.I.P.P Application for Supplementary Hours Credit Form. (b) The Home shall not deny an employee the right to continue employment during the period of pregnancy, provided the concerned employee can carry out her duties as the job normally requires. In this regard, the Home may require medical verification. (c) Maternity leave shall cover the period up to seventeen (17) weeks before and/or after the birth of a child. The employee shall give two (2) weeks notice, in writing, in advance of the commencement of such leave and the expected date of return. This notice shall be waived in the event of complications, premature birth or sudden coming into care of an adopted child. (d) An employee shall be granted thirty-five (35) weeks of unpaid parental leave for each parent who worked for the same Employer for thirteen (13) weeks. Natural mothers may take parental leave at the end of pregnancy leave. Any other parent may take this leave within fifty-two (52) weeks of the child being born or coming into care. 17

18 (e) When an employee decides to return to work after such maternity/adoption leave, she shall provide the Home with at least two (2) weeks' notice. On return from maternity/adoption leave, the employee shall be placed on the same job as at the same time the maternity/adoption leave commenced. While on maternity/adoption leave, an employee shall maintain his\her full seniority status and continue to accumulate all seniority under this Collective Agreement. Should the employee wish to return earlier than her original return date, she shall provide the Home with four (4) weeks notice Employees shall be allowed time off without loss of pay, in accordance with the appropriate legislation for voting in any Federal, Provincial, or Municipal election or referendum. It is understood that employees shall only have time off without loss of pay should they be scheduled in such a way as to have insufficient time off as required by the appropriate legislation An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year off, without pay and without benefits and without loss of seniority Education Leave (a) Leave of absence, without pay, for the purposes of furthering education directly related to the employee's employment with the Home may be granted on written application by the employee to the Administrator or her designate. Requests for such leave will not be unreasonably denied. (b) Registered Nurses and Registered Practical Nurses required by legislation or the College of Nurses to take a course(s) to maintain their licences shall have the fee for the course paid for by the Employer provided the employees successfully complete the course/seminar and remains at the Home for at least six (6) months Employees are entitled to compassionate leave as per the Employment Standards Act and the Employment Insurance Act, as amended from time to time. ARTICLE 17- BULLETIN BOARDS A bulletin board shall be available to the Union for the posting of Union notices. All such notices must be approved by the Home Administrator, or his/her designate, prior to posting. Such approval shall not be unreasonably withheld. ARTICLE 18- DISCIPLINARY WARNINGS When an employee has completed any twelve (12) months worked without any written disciplinary warnings being placed against her record, her record prior to the twelve (12) month period shall not be used as a basis for any subsequent disciplinary action taken against the employee. 18

19 After twelve (12) months, the disciplinary warning will be removed from the employee's work record, provided the employee requests the removal in writing. The employee will be notified, in writing, of such removal. ARTICLE 19- HOURS OF WORK, OVERTIME, ETC The following is intended to define the normal hours of work for full-time employees but shall not be interpreted as a guarantee of hours of work per day of per week or days of work per week The regular work shift shall be seven and one-half (7 %) hours per day Employees shall receive one-half(%) hour for their meal during their shift, if the shift duration is for more than five (5) hours. Such meal period shall be without pay and shall not be considered as time worked. If an employee is required to work during her meal break, the employee will notify her supervisor or the Administrator, if available. If the entire half (%) hour meal break cannot be arranged, the employee will be paid for the portion of the meal break not taken at the rate payable for the shift. All efforts, will made to ensure the employee receives the entire half(%) hour meal break. The requirement of registered staff to stay at the Home during their meal period shall not be considered as time worked (a) There shall be two (2) paid fifteen (15) minute break periods for all employees during each shift of more than six (6) hours at times designated by the Home. Short shifts of four (4) hours but less than six (6) hours shall receive one (1) paid fifteen (15) minute break during the middle portion of such shift at a time designated by the Home. (b) Shifts shall be arranged so that no employees will work more than seven (7) consecutive days on with two (2) consecutive days off. Employees shall have every other weekend off except in exceptional circumstances. (c) Employees who are scheduled to work nights shall receive the Friday and Saturday nights off as their weekend off except in exceptional circumstances The Union recognizes that the Home's obligations to residents will make overtime work necessary from time to time. All overtime must be authorized by the Administrator or her designate (including the management person on call) prior to the overtime being worked Overtime shall be paid for all hours worked over seven and one-half (7 %) consecutive hours in a shift or seventy-five (75) hours in the two (2) week pay period at the rate of one and one-half times (1 %) the employee's regular rate of pay In the event employees, of their own accord for their own personal convenience, wish to change shifts with appropriately qualified other employees presently in the employ of the Home, they must first advise the Director of Nursing, or her/his authorized deputy, thirty-six (36) hours in 19

20 advance of the change. The Home shall not be responsible or liable for overtime claims, and non-compliance with the above provisions that might arise to accrue as a result of the exchange of shifts. The maximum number of shifts which can be exchanged with another employee, or be given to another employee is fifty percent (50%) of that employee's scheduled shifts in the relevant pay period; therefore, the recipient of a given shift will not count against the recipient in calculation of the fifty percent (50%) maximum. Once an employee has been granted an exchange, neither the employee or their exchange partner may use that exchange for another request, but must work it Overtime shall be based on the employee's regular rate of pay. The Home agrees to make a reasonable effort to distribute overtime hours on an equitable basis. All overtime declined by an employee shall count as overtime worked for the purpose of equitable overtime distribution. An employee who reports for work at her assigned starting time and who works less than four (4) hours of any day (unless she leaves of her own accord for any reason including illness), shall be paid for at least four ( 4) hours straight time, unless she was scheduled to work less than four (4) hours, in which case she shall be paid her straight time rate for the number of hours she was scheduled to work. This Clause shall not apply when the Home is unable to provide work for the employee because of fire, lightning, power failure, storms, or like causes of work stoppage beyond the control of the Home. The Home shall not incur any obligation under this Clause where the employee has failed to keep the Home informed of her current address and telephone number. The days of work for an employee, the starting and quitting times each day and the time and duration of lunch period, and the time of rest period will be determined by the Home, in accordance with its requirements. Employees will be notified two (2) weeks in advance of any general change in their shift schedules. Shift schedules of a four (4) week duration will be posted ten (10) days in advance. The work week for employees shall be from Sunday to Saturday. Employees who plan to schedule time off during the posting period, must submit their request in writing to the Employer at least two (2) weeks prior to the new schedule being posted, where possible. Notice of approval or rejection of the request will be given to the employees, by seniority, prior to the posting of the schedule. Approval of a request will not be unreasonably denied. One (1) Steward, designated by the Union, shall receive one (1) copy of the original posted work schedule. Once posted, shift schedules will not be changed unless by mutual agreement between the Home and the employee(s), or due to the return to work of an employee who has been off work due to illness, WSIB, maternity/parental leave, long term disability, weekly indemnity, work restrictions pursuant to the 20

21 provisions.of Article 19.19, or as a result of grievance settlement or Arbitration Award or due to obvious error(s) in the schedule. The sign up for volunteers for Christmas, Boxing Day, New Year's Eve and New Year's Day will be posted by October 1 each year. Any schedule which has December dates in it will be extended to cover the Christmas and New Year's period The principle of equal pay for equal work shall apply, regardless of sex All employees called back to work within sixteen (16) hours after completing a shift shall be guaranteed a minimum of four (4) hours' pay at the appropriate overtime rate for each such call-back A shift commencing at or about midnight shall be considered the first shift of each working day. The shift shall be deemed entirely within the calendar day in which the majority of hours fall regardless of what calendar day any part of that shift was actually worked There shall be a minimum of eleven (11) hours off work between scheduled shifts or call ins, except as may be mutually agreed between the Home and the employee(s). There shall be no split shifts Employees will be scheduled within their classification, and shall not apply their seniority, availability, or ability to claim hours of work in another classification, except in the case of layoff. When scheduling an employee's hours of work, the Home, prior to the posting of the schedule, shall consider full-time employees first and then part-time employees. Such consideration will include an employee's seniority, ability and availability to perform the work to a maximum of seventy-five (75) hours for full-time and forty-eight (48) hours for part-time on a bi-weekly basis, subject to Article Extra shifts that become available can be assigned during peak vacation periods of June, July and August of each year. If an employee wishes to reduce her a availability, she shall apply to do so in writing. The Home and the Union shall agree and sign a document indicating the number of scheduled hours, the length of time the hours will be reduced and any other terms they deem necessary. A reduction of scheduled hours will only be considered for legitimate reasons and shall not allow employees to opt out of working specific days or shifts. After the posting of the schedule, all extra hours up to seventy five (75) hours bi-weekly that become available in addition to the scheduled ones (i.e. due to vacations, sick time, LOA's, etc.), where the anticipated absence is less than four (4) weeks, will be offered to the most senior employee who has the time available in their schedule, at their option. It is understood that the Employer's obligation is only for non-overtime hours. Part time employees who are assigned extra shifts under the above circumstances shall remain part time. 21

22 For the purpose of Article 19.18, probationary employees are not considered employees for the assignment of shifts prior to the posting of the schedule, and they are not entitled to forty eight (48) hours in paragraph one (1 ), as a result of extra shifts Notwithstanding Article 19.12, an employee absent on WSIB benefits or Weekly Indemnity must endeavour to give one (1) week's notice in writing of return to work. An employee returning from Maternity Leave, L.T.D., or with work restrictions must endeavour to give two (2) weeks' notice in writing of return to work The Employer will pay each employee the employee's regular hourly wages as set forth in Schedule "A" as applicable for the actual hours worked by such employee on the days when each of the Daylight Savings Time and Eastern Standard Time are implemented. For greater clarity, an employee who is working on the changeover to Daylight Savings Time in the Spring of any year will receive six and one half (6 %) hours wages and an employee who is working on changeover to Eastern Standard time in the Fall of any given year will receive eight and one-half (8 %) hours wages at the applicable straight time hourly rate Part-time employees who do not wish to be called in shall submit their name, in writing, to the Administrator. Should the Home decide to fill the vacancy caused by the call-in, the following procedure will be used: 1. Call-ins will start at the first employee who does not have forty-eight (48) hours and the call-in will not put them over forty-eight ( 48) hours or into a premium pay situation. If the first employee refuses/is unavailable, the callin will continue down the list until the vacancy is filled. 2. If no one is available from 1., above, then the call-in will be offered to the most senior part-time employee who would not be in a premium pay situation. Should that employee refuse/be unavailable, the call-in will continue down the list. For further clarification the call in will be offered to the most senior employee on a daily basis (in a non-overtime situation) up to seventy five (75) hours bi-weekly. 3. Call ins will not be offered to part time probationary employees until all other part time employees have refused or are unavailable or who would be in an overtime situation. 4. If a Registered Nurse or Registered Practical Nurse is called in to replace a Nurse aide/health Care Aide/Personal Support Worker, and she agrees to work, she shall be paid the Health Care Aide rate at her equivalent level on the wage grid. In no case will she be paid more than the two (2) year Health Care Aide rate. 5. Employees, whether they qualify or not for sick leave, will give the Employer one (1) hour's notice when working day shift and four (4) hours' notice when working any other shift, of her inability to report for work, except in cases of emergency. 22

23 ARTICLE 20 - GENERAL Employees required to work more than two (2) hours overtime shall be provided with a meal by the Home All mandatory in-service meetings will be paid for at the rates listed in Appendix IIAII Shifts and Premiums (a) Evening shifts shall be defined as those shifts in which the major portion of hours worked occur between 1400 and 2200 hours; night shifts shall be defined as those shifts in which the major portion of hours worked occurs between 2200 and 0600 hours. Employees working the evening or night shift shall receive fifty cents ($.50) per hour premium per shift and those on a night shift shall receive fifty cents (50 ) per hour premium per shift. (b) Employees working between the hours of 2200 hours Friday to 2200 hours Sunday shall receive a weekend premium of fifteen cents (15 ) per hour Courses An employee required by the Home to take a course(s) to upgrade or acquire new employment qualifications shall have: 1) the fee for the course(s) paid; and 2) if attendance at the course is required during working hours when the employee was regularly scheduled to work, the hours which the employee was scheduled to work but which were spent at the course shall be paid for at straight time hourly rates; 3) to qualify for 1) or 2) above, the employee must successfully complete the course and remain in the Home for at least three (3) months. ARTICLE 21- VACATIONS Vacations with pay will be granted by the Home in accordance with the following: 23

24 Seniority with the Vacation Time Off Pay as a % of earnings Home as of Dec. 3Pt (before benefits) in the year ended Dec. 3tst <than 1 yr. 1 day/month, to 4% max. of 10 days 1 yr but< 3 2 weeks 4% 3 yrs but< 8 3 weeks 6% 8 yrs but< 15 4 weeks 8% 15 yrs but < 20 5 weeks 10% 20 yrs but < 28 6 weeks 12% 28 yrs or more 7 weeks 14% (a) A week's vacation means seven (7) consecutive calendar days away from work as defined in Article unless otherwise requested by the employee and by mutual agreement. Full-time employees who take one (1) week's vacation [seven (7) days] in a biweekly pay period will be scheduled five (5) days in the remaining seven (7) days. Part-time employees who take one (1) week's vacation [seven (7) days] will be scheduled a minimum of one-half(%) their normal shifts in the remaining seven (7) days. The above does not apply to employees who request and are granted more than one (1) week's vacation [seven {7) days] in a bi-weekly pay period. (b) Effective July 2, 1991, newly hired part-time employees shall accumulate service for the purposes of vacation on the basis that 1500 paid hours is equivalent to one (1) year's service. (c) No employee can receive or accept a call in or pick up a shift while on their scheduled vacation, except if they agree by notifying the Employer and are called after all other eligible employees have refused An employee shall not be permitted to accumulate her vacation from one year to another The time of vacations will be arranged between employees and their respective supervisors, and the choice of vacation times shall be in accordance with seniority within their department, provided the Home is able to maintain a work force which is, in its opinion, capable of performing the required work. 24

25 21.04 Vacation pay shall be paid to an employee on the pay day immediately prior to the commencement of her vacation provided timely notification is given. Any employee entitled to a vacation during a calendar year who has not received vacation pay by December 1st of that year shall be paid vacation pay not later than the first pay day in December of that year or paid when requested after the vacation has been taken. The Employer may pay vacation pay as part of the regular pay. In such circumstances, the Employer undertakes that the rate of income tax on the vacation pay will not change unless the vacation pay changes the employee's annual tax bracket Employees will be requested to record their vacation schedule preference on a sheet to be posted from March 1st to April 1st of each year. An approved vacation schedule, in accordance with seniority, will be posted by May 1st and shall not be changed unless by mutual agreement between the employee and the Home. Employees who fail to schedule their vacation during the posting period will be considered for vacation periods not previously committed on a first come, first served basis (a) An employee shall be entitled to receive her vacation in an unbroken period, unless otherwise mutually agreed upon by the employee concerned and the Home. (b) Should an employee become sick or have an accident during their vacation and go on Weekly Indemnity, the Home agrees to reschedule the unused vacation time, provided there is sufficient time remaining in the vacation year, to a time mutually agreeable between the employee and the Home. Such vacation time shall not go beyond December 31st of that year. Employees who receive their vacation pay shall have their Weekly Indemnity payments, covering the vacation period only, withheld until such time as the rescheduled vacation is taken. (c) Employee's entitled to five (5) weeks or more vacation entitlement may take one (1) week of vacation in one (1) day increments. The number of individual vacation days available to an employee shall be based upon the normal number of shifts that an employee is regularly scheduled to work in each one (1) week period. Where an employee's regular number of days per week are inconsistent, the normal number of regularly scheduled shifts per two (2) week pay period shall be divided by two (2) to determine the average number of shifts per week. Individual vacation days may only be requested after the vacation scheduling exercise as described in Article has been completed but prior to the vacation calendar being posted as final. Requests for individual vacation days shall be authorized in accordance with Article 21. Individual vacation day requests submitted after the time frames in Article must be submitted before the work schedule in which that day will fall, is posted and will be considered on a first come, first served basis. Full weeks of vacation 25

26 shall take precedence over single day requests regardless of seniority. Where an employee is denied their single day request and such employee is able to find qualified coverage at non-overtime rates, such employee may receive vacation pay for that day given away. When an employee takes an individual vacation day, she shall be paid for the day on her next regular pay (a) An employee who leaves the Home, for whatever reason, shall be paid his/her vacation allowance as provided herein. (b) On the death of an employee, the vacation allowance will be paid to the employee's Estate forthwith For the purpose of calculating eligibility, the vacation year shall be the period from January 1st of any year to December 31st of that year All employees must take a minimum of two (2) weeks' vacation during the ten (10) month period from the start of the vacation year. Unscheduled vacation may be scheduled in accordance with Part VIII, Section 29(1) of the E.S.A The Employer may hire employees for summer vacation relief from May 1st the second weekend in September. Such employees will be on probation and not attain seniority, nor receive contributions for Pension or Dental. Vacation relief employees shall receive rates of pay as set out under terms of this Agreement. However, if the employee remains beyond the second weekend in September, such employee would have their seniority backdated to their date of hire and shall be eligible for all benefits, and terms and conditions under the Collective Agreement. ARTICLE 22- PAID HOLIDAYS The following days are recognized holidays, with pay, under this Agreement for all employees: New Year's Day Victoria Day Civic Holiday Thanksgiving Day Employee's Birthday Plus a Floating Day Good Friday Canada Day Labour Day Christmas Day Boxing Day Family Day (3rd Monday in February effective in 1996) In the event another holiday is proclaimed by statute, the floating day shall be removed from the above list and the new statutory day added to that list. Subject to the staffing requirements of the Home, an employee may schedule her floating day by submitting her request in writing to the Administrator no less than four (4) weeks prior to the posting of the shift schedule. Such requests shall not be unreasonably denied. 26

27 22.02 a) Full-time and Registered Nurses holidays will receive: Pay at the rate of time and one-half (1 %) the employee's regular rate for work performed on such holiday and an alternative day off with holiday pay for such day at the employee's regular rate. 1. Pay at the rate of time and one-half (1 %) the employee's regular rate for the work performed on such holiday in addition to the employee's holiday pay; c) Qualified employees who are required to work on any of the above named In order to qualify for holiday pay, an employee must not be on leave of absence in excess of one (1) month or be on layoff, and must work her last full scheduled shift immediately preceding and her full scheduled shift immediately following the holiday, unless absent due to verified personal illness or other approved absence. b) Part-time (ii) for part time and full time employees holiday pay shall be the total of all hours worked in the four (4) weeks prior to the holiday divided by the number of shifts worked in the four (4) weeks prior to the holiday, times the employee's hourly rate, provided the employee works her last full scheduled shift immediately before the holiday, her first full scheduled shift immediately after the holiday and/or if scheduled to work the holiday, works the full scheduled shift, unless absent due to verified illness. (i) for probationary employees holiday pay shall be the total of all hours worked in the four (4) weeks prior to the holiday divided by twenty (20), times the employee's hourly rate, provided the employee works her last full scheduled shift immediately before the holiday, her first full scheduled shift immediately after the holiday and/or if scheduled to work the holiday, works the full scheduled shift, unless absent due to verified illness; In order to qualify for holiday pay, an employee must not be on leave of absence in excess of one (1) month or on layoff, and must work her last full scheduled shift immediately preceding and her full scheduled shift immediately following the holiday, unless absent due to verified personal illness.

28 If possible, an employee will be permitted to have such alternative day added to her vacation. Employees who qualify for a paid holiday and works that day may take a mutually agreed to alternative day off, at any time in the calendar year, as long as the arrangement is made within thirty (30) calendar days of the holiday. If not arranged, the employee will be paid for the holiday An employee who does not qualify for holiday pay under paragraph for a paid holiday must be paid at least time and one-half (1 Y:z) the employee's regular rate for each hour worked on a recognized holiday as set out in Article If a paid holiday occurs during the vacation period of an employee, such employee shall receive an additional day's pay in lieu of the holiday at straight time or an additional day off, with pay, if the employee so requests, provided the employee qualifies for a holiday pay under Article above For the midnight shift, the holidays outlined in Article shall be considered as that day on which the majority of hours are worked It is the understanding of the parties that paid holidays will be handled in the following manner: Full-time: If the employee works the holiday and qualifies for holiday pay, she will be paid eleven point five (11.5) days' pay (assuming she works ten (1 0) days in total) or ten point five (1 0.5) days' pay and a paid day off at an agreedto later date. If the employee is off on the holiday and qualifies for holiday pay, she will be scheduled ten (1 0) additional days and paid for eleven (11 ). Full-time employees will be scheduled off on their Birthday and scheduled ten (10) additional days. Part-time: If the employee works the holiday and qualifies for holiday pay, she will be scheduled six (6) shifts (maximum), but paid seven point five (7.5) or six point five (6.5) days and a paid day off at an agreed-to later date (assuming she works six (6) days in total). If the employee is off on the holiday and she qualifies for holiday pay, the employee will be scheduled six (6) shifts (maximum) and paid for seven (7). Part-time employees will be scheduled off on their Birthday and scheduled a maximum of six (6) additional days. 28

29 ARTICLE 23- CLASSIFICATIONS AND WAGES a) Classifications and wages are set out in Appendix "A" of this Agreement. b) In the event the Home creates a new classification in the bargaining unit, the parties shall negotiate wage rates for such new classification. If the parties fail to reach an agreement, the parties shall submit the dispute to arbitration as provided for in this Agreement a) The Home shall pay salaries every two (2) weeks in accordance with Article and Appendix "A" hereof forming part of this Agreement. On each pay day, each employee shall be provided with an itemized statement of his or her wage and deduction including vacation accrual. b) If an employee is underpaid as a result of the employee's mistake, the error will be corrected in the pay period following the date on which the underpayment comes to the Home's attention. If the employee is underpaid one (1) day's pay or more as a result of the Home's mistake, the Home will provide payment of the shortfall within two (2) working days from the date it is notified of the error or by mutual agreement between the Home and the employee. Such error shall be corrected by way of Direct Deposit where applicable. Pay and payroll will be based upon the employee's sign-in sheet The employees will receive their pay cheques every second Thursday. The Home will pay the employees no later than noon on the last regular banking day before a statutory holiday. The Home will endeavour to provide employees working on the Wednesday night shift prior to Thursday payday, their pay cheques and/or itemized statements prior to 6:00 a.m. Thursday. Part-time employees will receive a three percent (3%) premium on their straight time hourly rate of pay for all straight time hours worked in lieu of sick days. The Parties agree they have satisfied the requirements of Pay Equity Maintenance for the term of the collective agreement. When employees are assigned temporarily to perform duties and assume the responsibilities of a higher paying position in the bargaining unit for a period in excess of one-half (Y.) shift, he/she will receive the rate immediately above his/her current rate from the commencement of the shift he was assigned the job. Where employees are assigned work in a lower rated classification, such employee shall maintain their rate of pay, except in cases where such assignment is to avoid a layoff. ARTICLE 24- SICK LEAVE Pay for sick leave is for the sole and only purpose of protecting employees against loss of income when they are legitimately ill, and will be granted to fulltime employees and full-time Registered Nurses on the following basis, provided sick leave credits are available: 29

30 any private institution legally constituted as a Hospital in Ontario which is licenced by law and approved by the Province; 30 An approved Hospital is: If you or your eligible dependent require confinement in an approved Hospital for treatment of alcoholism or other substance or drug abuse as an in-patient, then the daily charges exceeding the hospital's daily ward rate, to the maximum of the semi-private rate, are eligible. Specialized Hospital Benefit: 100% cost of semi-private room exceeding ward rate per day. Delete Semi Private Coverage and replace with: a) Effective April 1, 1997, the Home shall provide a benefit plan covering Life Insurance, Accidental Death & Dismemberment, Dependent Life Insurance and Long Term Disability Extended Health Care and Weekly Indemnity, as set out in the insurance policy. The above Insurances, L TO, EHC and WI, or their equivalent are hereby made part of this Agreement, but the Insurance Company's (or Companies') terms and conditions shall not be subject to a grievance, denial of a claim may be the subject of a grievance. The Home may change carrier provided the Union agrees that the proposed Plan furnishes equivalent benefits. All employees shall become insured under this provision immediately upon completion of three (3) calendar months of employment. The Home shall continue to deduct from the wages of each insured employee an amount equal to two point six percent (2.6%) plus applicable taxes of her weekly earnings, which amount shall constitute the employee's contribution to the cost of the benefit. Weekly earnings shall mean gross wages excluding benefits. Effective the second full month following ratification, vision coverage, to include laser eye surgery, is two hundred dollars ($200.00) every twenty four (24) months, inclusive of an eye examination. ARTICLE 25 - HEALTH AND WELFARE There will be no cash out of sick days upon termination. An employee(s) who has accumulated sick leave credits will cash in half of his/her unused credits outstanding at December 31st of each year, at his/her regular hourly rate and continue to accumulate the other half of his/her unused credits, plus continue to accumulate sick leave credits in accordance with paragraph one (1). The accumulated sick leave credit payout will be paid no later than the last pay in February of each year. There will be no cash out of sick days upon termination. Full-time employees and registered nurses who have completed their probationary period shall be credited with sick leave on the basis of one day for each full month of service dating back to her date of hire, and shall accumulate sick leave credits, thereafter, at the rate of. one day per full month of service to a maximum of twelve (12) days.

31 .. having its services and ward rates insured by the Province's Government Health Insurance Plan. Limitations and Exclusions: any costs incurred for rental of a telephone or television, or other costs for conveniences in connection with a Hospital stay, are not eligible expenses. b) If an employee becomes disabled as a result of an occupational accident or an industrial illness, the Home agrees to contribute one hundred percent (100%) of the required contributions (employee and Home) during the entire period of disability. c) Employees who have similar insurance coverage from another source may waive the Extended Health Care Benefit, in which case their contribution shall be 1.7%, plus applicable taxes, of their weekly earnings instead of 2.6%. The Article shall also provide employees who have waived Extended Health Care coverage may opt back into such coverage at any time, without penalty on one (1) month's notice, with coverage to resume on the first day of the following month. Upon resumption of coverage, they shall be subject to the 2.6% deduction, plus applicable taxes. This Award is made on the understanding that the difference in employee contributions set out above, proportionately reflects the real cost of the Extended Health Care component of the Benefit Plan. d) Delay in Receiving Benefits: Where an employee is faced with an unusual delay (four (4) weeks or longer) in receiving benefits in a case where the application for benefits has been filed and is not being contested by the W.l. or L.T.D. insurance carrier or the WSIB, the employee will contact the Administrator, who, in turn, will investigate the delay through the appropriate departments. In a case where financial hardship exists, the Employer, based upon the Administrator's recommendation, shall provide a cash advance, provided the employee signs the appropriate documents to direct the insurance carrier or WSIB, to pay the Employer first from any monies received from W.l., L.T.D., or WSIB Should the employee not qualify for W.l., L.T.D., WSIB, the employee agrees to repay the Employer the amount owing from any vacation pay, regular pay, or any other source agreed upon by the parties Effective the first full pay period following the date of ratification (September 4, 2013), the Employer will pay thirty-eight cents (38 ) per hour worked to a maximum of forty (40) hours per week into the United Food and Commercial Workers' Trusteed Dental Plan. Hours worked shall include regular hours, overtime, statutory holiday pay, vacation pay and sick leave pay. The Employer shall sign the entry forms for the Trust fund and shall remit its contribution to the Fund within twenty-one (21) days following the Home's four (4) or five (5) week accounting period. 31

32 25.03 Canadian Commercial Workers Industry Pension Plan a) Effective the first full pay period following the date of ratification, the Employer agrees to contribute to the Canadian Commercial Workers Industry Pension Plan one dollar and thirteen cents ($1.13) cents per hour for all hours paid by the Employer to members of the bargaining unit. Hours paid shall include hours worked, vacation, general holidays, sick days, jury duty, bereavement leave, paid time off for negotiations, up to a maximum of forty (40) hours per week. The employer also agrees to pay a special aggregate contribution to the CCWIPP Trust. The amount of this special aggregate contribution shall be determined by multiplying the total number of hours worked by employees who are not participants of the CCWIPP by the contribution rate specified above. It is further agreed no benefits will accrue as a result of these payments. It is understood that the Employer's total obligation for CCWIPP contributions shall not exceed the rates as specified above the life of the Agreement. b) Contributions (Employer and employee) to any prior Pension Plan or monies held in trust by the Employer, plus interest, shall be transferred to the Canadian Commercial Workers Industry Pension Plan for the purpose of providing past service. The Company agrees to sign the forms, documents, or do whatever is necessary to expedite such transfer. c) The Company agrees to sign a "Participation Agreement" and supply any other documents, forms, reports or information required by the Trustees of the Pension Plan. d) Contributions, along with a list of employees for whom they have been made, the amount of the weekly contributions for each employee, and the number of hours worked or paid according to a) or b), shall be forwarded by the Company within the fifteen (15) days after the close of the Company's four (4) or five (5) week accounting period. The Company agrees to pay interest at the rate established by the Trustees on all contributions not remitted as stipulated above. e) The contributions provided for above shall be for the purpose of providing such pension benefits for eligible employees as shall be determined, from time to time, by the Trustees of the aforesaid Trust fund, pursuant to the terms of the Trust Agreement. ARTICLE 26 - SAFETY AND HEALTH The Union and the Home shall cooperate in continuing and perfecting regulations which will afford adequate protection to employees engaged in hazardous work. 32

33 The Safety and Health Committee shall be established and composed of one (1) representative appointed by the Home, and one (1) representative of the Union designated for all three (3) bargaining units. Any representative appointed by the Union who is a Certified Member of the Occupational Safety and Health Committee shall remain a Member of the Home's Safety and Health Committee, for a minimum of five (5) years. The Safety and Health Committee shall tour the location once every two (2) months and shall hold meetings at least once every three (3) months at the work place and all unsafe hazardous or dangerous conditions shall be taken up and dealt with at such meetings. Minutes of all Safety and Health Committee meetings shall be kept and copies of such minutes shall be sent to the Home and the Union. The minutes shall be posted on the bulletin board for a period of two (2) weeks. The Union shall be notified immediately of each accident or injury. Upon request of the Union, the Safety and Health Committee shall investigate and report as soon as possible on the nature and cause of the accident or injury. An employee who sustains a work-related injury during working hours and is required to leave for treatment of such injury shall receive payment for the remainder of the shift at his/her regular rate of pay without deduction from sick leave, unless a doctor states that the employee is fit for further work on that shift. If the employee is on WSIB, seniority shall continue and the employee shall be returned to his or her job upon return to work. Medical Certificates: An employee may be required to obtain a Doctor's note prior to returning from injury or illness. Doctor's notes required by the Home, and not covered by WSIB, shall be paid for in accordance with current legislation. All annual medicals, if required by legislation and not covered by O.H.I.P. shall be paid for by the requesting party. ARTICLE 27 - COPIES OF AGREEMENT The Union and the Employer desire every employee to be familiar with the provisions of this Agreement and her rights and duties under it. For this reason, the Union shall print sufficient copies of the Agreement, within thirty (30) days of signing. Costs will be split equally between the Employer and the Union for the printing of all provisions, terms and articles of the Collective Agreement text which shall be printed in the Collective Agreement booklet. In addition to the printing of all provisions, terms and articles of the Collective Agreement text, costs will be split equally between the Employer and the Union for the printing of a number of additional pages which shall also be printed into the Collective Agreement booklet. In the event the additional pages exceed the number of additional pages in the June 1, 2000 to May 31, 2003 Collective Agreement booklet, the Union shall bear the cost of printing of those additional pages that exceed the number of additional pages in the June 1, May 31, 2003 Collective Agreement booklet. 33

34 ' : ARTICLE 28- UNIFORM ALLOWANCE Effective the first month following the date of ratification, each full-time employee shall receive a uniform allowance of ten dollars and twenty five cents ($10.25) per month for each month in which the employee works one or more shifts. Only employees required to wear a uniform shall be eligible for the uniform allowance. ARTICLE 29 - OTHER Notice of Address Change It is the sole responsibility of each employee to keep the Home fully advised of her current address. Any notice sent by the Home to the address most recently given by the employee as her home address will be deemed to be received by the employee Proper accommodations shall be provided for employees to take their meals and store and change their clothes. The words "bi-weekly" shall mean two (2) calendar weeks constituting the pay period. Gas Allowance: An employee requested to operate her privately owned vehicle by her Home will be paid a kilometer allowance of thirty cents (30 ) per kilometer as a gas allowance. All inspection reports will be posted. Protective Clothing: Protective clothing and/or other devices, at the discretion of management, shall be provided for employees when dealing with infection or other communicable diseases. HCA's, NA's and PSW's will be supplied on their carts with the same gloves which registered staff would use if the registered staff were dealing with the same situation. Contracting Out: The Home agrees that there shall not be any contracting out of any work currently being performed by members of the bargaining units, if as a result of such contracting out a layoff of any employees other than casual part-time employees results from such contracting out. Bargaining Unit: a) It shall be the responsibility of the Home to staff the Home in accordance with the standards set out in the Nursing Homes Act. R.S.O. 1980, c.320, as amended. 34

35 c) If a part-time employee leaves her employment and the Home intends to fill the resulting vacancy, the Home may post the vacancy as either a part-time or fulltime position. 35 FOR THE UNION SIGNED ON BEHALF OF THE PARTIES HERETO this day of Either party may give the other party notice of renewal and/or amendment of this Agreement at any time within ninety (90) days of May 31, The parties will meet within fifteen (15) days of such notice being received This Agreement shall remain in force and effect from June 1, 2012, until May 31,2014. ARTICLE 30 - DURATION All Registered Staff (R.N.'s and R.P.N.s) will provide proof of renewal of their Provincial Licence by the end of February each year, unless delayed by circumstances beyond the control of the Registered Staff. The Home will not be obligated to schedule past mid-march any Registered Nurse or Registered Practical Nurse who has not provided proof of Licence renewal Personnel Record: Any employee who so desires it shall have the right to review his personnel record in the presence of the Union Steward and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. Times designated by Management will be reasonable. d) Notwithstanding the above, the Home agrees that no full-time employee shall be laid off by reason of her duties being assigned to one or more part-time employees. b) If a full-time employee leaves her employment and the Home intends to fill the resulting vacancy, the Home may post the vacancy as either a full-time or as one or more part-time positions, provided however that the Home shall not post such a vacancy as one or more part-time positions without having first discussed its intentions with the Union at a meeting between the parties.

36 . ' APPENDIX "A" (Full-time) CLASSIFICATIONS AND HOURLY RATES June 1 CLASSIFICATION 2012 Food Start Services 3 Months Supervisor 2Year Registered Start Practical 3 Months Nurse 2 Year Activity Start Director 3 Months Years Cook Start Months Years Health Care Start Aide/Personal 3 Months Support Worker 2 years Aide/ Start Nurse Clerk 3 Months Years Maintenance Start Months Years *All rates include all outstanding ($1.50) Pay Equity obligations per the agreements between the parties. The Employer will pay to each employee in the bargaining unit, a lump sum payment equal to 1% of earnings for all hours worked in each of the years 2012 and The lump sum payment for 2012 will be paid by way of separate cheque/payroll deposit, within 30 days from date of ratification or award (September 4, 2014). The lump sum payments for 2013 will be paid quarterly by way of separate cheque/payroll deposit, on the first full pay period in April2013, July 2013, (payments for these two (2) periods will be made 30 days from date of ratification or award) and in October 2013 and January

37 ', a) Recent and Related Experience: For every one (1) year (1950 hours) of recent and related experience, prior to employment at Caressant Care, Listowel, a registered Nurse or Registered Practical Nurse shall advance one ( 1) step on the wage grid (Appendix "A"). It is necessary in all cases for the employee to provide proof of recent and related experience, in writing, on letterhead. The change in rate of pay will go into effect the first full pay after proof is provided. b) Retroactive Pay: The increase to the wage rates shall be retroactive and applied for all paid hours for each of the employees in the bargaining unit on and after the effective dates of the wage increases as set forth herein. Any employee hired after those dates shall be entitled to pro-rata increases from the date of their employment. Except as otherwise specified in this Award, all other changes shall become effective as of the date of this Award. Within two (2) weeks following the date of Award or settlement, the Home shall notify by registered mail to their last known address, and with a copy to the Union, any employees who had completed their probationary period, and are entitled to a minimum of $25.00 in retroactive pay, and have left its employ to inform them of their entitlement to any retroactive adjustment, with the provision that they must respond to the Home, in writing, by registered mail, within sixty (60) days of the date the letter is sent. Thereafter, the Home shall have no liability for retroactive adjustments for such employees. All retroactive wages, less the employee contribution to the Health and welfare Benefit Plan and the Pension Plan, shall be paid by the Home, by separate cheque, no later than sixty (60) days following the date of Award or ratification, except in the case of employees who have left the employ of the Home, in which case the Home shall make such payment no later than sixty (60) days following the receipt of such employees response to the Home's letter of notification. 37

38 .. LETTER OF UNDERSTANDING BETWEEN: AND: CARESSANT CARE NURSING AND RETIREMENT HOMES LIMITED Listowel Nursing Home (Hereinafter called the "Home") HEALTH, OFFICE & PROFESSIONAL EMPLOYEES A Division of Local175, United Food & Commercial Workers, Chartered by the United Food & Commercial Workers Canada, CLC, AFL-CIO (Hereinafter called the "Union") RE: UFCW Training & Education Fund The Employer agrees to contribute a lump sum offour hundred dollars ($400.00) over the term of the collective agreement to the United Food and Commercial workers Training and Education Fund (*for the entire facility). Signed this day of,, FOR THE UNION FOR THE EMPLOYER 38

39 ... LETTER OF UNDERSTANDING BETWEEN: AND: CARESSANT CARE NURSING AND RETIREMENT HOMES LIMITED Listowel Nursing Home (Hereinafter called the "Home") HEALTH, OFFICE & PROFESSIONAL EMPLOYEES A Division of Local 175, United Food & Commercial Workers, Chartered by the United Food & Commercial Workers Canada, CLC, AFL-CIO (Hereinafter called the "Union") RE: Consistent Scheduling When the contract is awarded or ratified, there will be a Scheduling Committee created to try and create a schedule that will be satisfactory to both parties. There will be two (2) Union members and two (2) Management personnel on the Committee. If the Committee reached an agreement, then the following rules will be put in place. If they cannot, then the Union Representative and Human Resource Representative will set up a meeting with the Scheduling Committee to investigate why, and to have some discussions to try and reach a solution. a) It is understood that this may apply to classifications in the Nursing Home. b) Requests for scheduled time off during the posting period (Article 19.13) will not normally be granted, except in the case of emergencies for anybody on the consistent schedule. The Employer shall respond to such requests at the conclusion of the two (2) week period contemplated in Article It is however understood that employees who need a specific day off may access their rights under article c) All extra hours that become available (after the schedule has been posted) in addition to the scheduled ones (ie. Sick time, LOA's, etc) when the anticipated absence will be less than four (4) weeks will be offered for pick up in order of seniority. It is understood that the Employer's obligation is only for non-overtime hours. Part time employees who take extra shifts due to sick time, LOA's, etc., shall remain part time employees. d) All known shifts prior to the posting of the schedule will be scheduled and assigned by seniority when the schedule is posted. Any shifts which become available after the schedule has been posted will be placed on a "pick up" list and assigned by seniority up to seventy-five (75) hours. A new employee would receive orientation during the schedule in place at the time of hire on all three (3) shifts. Once orientation is completed, the new hire may pick up shifts from the "pick up" list in order of seniority. e) Only those employees classified in the classifications being put up for bid would be eligible to bid on the lines. After the fixed line schedule goes into effect, all employees would be able to post for any future vacancies, as per Article