LETTER OF UNDERSTANDING BETWEEN KIRKLAND AND DISTRICT HOSPITAL AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS KIRKLAND AND DISTRICT HOSPITAL LOCAL

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1 .._ CENTRAL BARGAINING LETTER OF UNDERSTANDING BETWEEN KIRKLAND AND DISTRICT HOSPITAL AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS KIRKLAND AND DISTRICT HOSPITAL LOCAL The parties agree to participate in the joint OPSEU/OHA Central bargaining process in BENEFITS All benefits as per the OPSEU central agreement as amended, shall be effective from the first deduction month following ratification. PREMIUMS All premium pay as per the OPSEU central agreement as amended, shall be effective from the first full pay period following ratification. TERMS AND CONDITIONS OF EMPLOYMENT As of April I, 2012 all employees will be in compliance with the OPSEU central agreement expiring March 31, 2014 including but not limited to working conditions and compensation issues save and except for the Year 1 and Year 2 lump sum payout under the Kaplan award. DATED AT KIRKLAND LAKE, ONTARIO THIS _j_j DAY OF tjc.to/3 4-, 2011 FOR THE HOSPITAL 11

2 Appendix "B' LOCAL ISSUES To the: COLLECTIVE AGREEMENT Between: KIRKLAND AND DISTRICT HOSPITAL And: ONTARIO PUBLIC EMPLOYEES UNION AND ITS KIRKLAND AND DISTRICT HOSPITAL LOCAL EXPIRY: MARCH 31, 2014 The local issues are effective the date of ratification by both parties. 1

3 LOCAL ISSUES ARTICLE A- SCOPE AND RECOGNITION A-1 The Hospital recognizes that in accordance with the "Certificate" issued by the Ontario Labour Relations Board and dated at Toronto on the loth day of November, 2010 the Ontario Public Service Employees Union is the sole and exclusive bargaining agent of all paramedical employees ofkirkland and District Hospital in the Town of Kirkland Lake, save and except supervisors and those above the rank of supervisor and persons for whom any trade union held bargaining rights as of October 25,2010. For Clarity: ''paramedical employees" includes, but is not limited to the following classifications: Diagnostic Imaging Technologist, Dietician, Lab Assistant, Lab Technologist, Pharmacy Technician, Physiotherapist, Physiotherapy Technician and Respiratory Therapist. ARTICLE B -MANAGEMENT RIGHTS B-1 The Union recognizes that the management of the Hospital and the direction of employees are fixed exclusively in the Hospital and shall remain solely with the Hospital and without limiting the generality of the foregoing it is the exclusive function of the Hospital to: (a) maintain order, discipline and efficiency; (b) hire, assign, retire, discharge, direct, classify, transfer, promote, demote, layoff, recall and suspend or otherwise discipline employees provided that a claim by an employee that she/he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided; (c) establish, alter and enforce reasonable rules and regulations to be observed by the employees which are not inconsistent with the provisions of this agreement; (d) determine all work procedures, the kind and location of equipment to be used, methods to be used, the allocation and number of employees required from time to time, the services to be performed, the standards of performance of all employees, work assignments, the hours of work and all other rights and responsibilities of management not specifically modified elsewhere in this Agreement. 2

4 B-2 These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement. ARTICLE C- DUES DEDUCTIONS C-1 The deduction of union dues shall be made by the Hospital from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees. ARTICLED- REPRESENTATION AND COMMITTEES D-1 Union Stewards The Hospital acknowledges the right of the union to appoint or otherwise select three (3) employees as union stewards. The Union shall notify the Hospital in writing of the names of stewards. D-2 Grievance Committee The Hospital will recognize a grievance committee comprising of two (2) members to be elected or appointed from the bargaining unit. No more than one (1) member will be from any one department. D-3 Negotiating Committee The Hospital will recognize a negotiating committee comprised of three (3) members to be elected or appointed from the bargaining unit it being understood that subject to the staffing requirements of the department not more than two (2) will be from any one department. D-4 Labour-Management Committee In accordance with Article 6.03, the Labour-Management Committee will be comprised of two (2) representatives from the bargaining unit and two (2) representatives from the Hospital. Additional persons may be invited to attend as required provided the other party is advised of same. D-5 The Hospital agrees to give representatives of the Ontario Public Service Employees Union access to the premises of the Hospital for the purpose of attending grievance meetings or otherwise assisting in the administration of this Agreement, provided prior arrangements are agreed to with the Human Resources Generalist. 3

5 D-6 Fiscal Advisory Committee The Union will designate and advise in writing to the Employer, one member to sit on the Hospital's Fiscal Advisory Committee. This member may be replaced by the Union as required. Fulfilling of such duties shall be without loss of pay or seniority. ARTICLE E- SENIORITY E-1 A copy of the current seniority list as provided for in Article shall be provided in April and October of each year. E-2 In accordance with Article , seniority accumulation for part-time employees will be calculated for the twelve month period from April 1 to March 31 of each year. ARTICLE F- LEAVE FOR UNION BUSINESS F-1 As provided for in Article (a) the cumulative total leave of absence for all employees shall be twenty (20) days during the calendar year subject to the following conditions: (a) all leaves of absence will be requested in writing at least two (2) weeks prior to the leave commencing or with as much notice as is possible under the circumstances. (b) subject to the staffing requirements of the Hospital, no more than two (2) employees shall be absent at any one time. ARTICLE G- HOURS OF WORK & OVERTIME G-1 The length of time over which the thirty-seven and one-half hours ofwork per week are to be averaged is a four ( 4) week period. Shift schedules shall be posted two (2) weeks in advance and cover a six ( 6) week period. G-2 Overtime/Call Back Accumulation As provided for in Article 16.04, where a full-time employee chooses time off equivalent to the applicable overtime rate, such time must be taken within ninety (90) days of the 4 ~

6 occurrence of the overtime or at a time mutually agreeable to the Hospital and the employee or payment in accordance with the former option shall be made. G-3 Weekends In accordance with a weekend for full-time employees working seven and one half (7 Yl) hour shifts is 2330 hours Friday and 2330 hours Sunday. The Hospital will endeavour to provide full time employees with at least one (1) weekend off in three (3). If a full time employee is required to work a third (3rd) consecutive weekend, the employee will be paid at the overtime rate for all hours worked on a third (3rd) consecutive weekend and any subsequent weekend until a weekend is scheduled off: save and except where: (a) such weekend has been worked by an employee to satisfy specific days off requested by such employee, or (b) such employee has requested weekend work, or (c) such weekend is worked as a result of an exchange of shifts with another employee, or (d) any other reason as negotiated by the local parties and set out in the Local Provisions Appendix. G-4 Time Off Between Shifts Pursuant to Article 17.09, failure to provide twenty-two (22) hours between the commencement of an employee's scheduled shift and the commencement of their next scheduled shift shall result in payment on one and one-half(l Yl) times the employee's regular straight time hourly rate for only those hours which reduce the minimum period. Where the twenty (22) hour period is reduced as a result of an approved change ofshift(s) requested by the employee(s), such premium payment shall not apply. G-5 Full-time employees will not be scheduled to work more than eleven (11) consecutive days without receiving two (2) consecutive days off. G-6 Overtime will not be paid for additional hours worked during a twenty-four (24) hour period as a result of change in shift on the request of an employee or a change-over to daylight saving from standard time or vice versa or an exchange of shifts by two employees. G-7 Regular Part-Time Commitment A regular part-time employee's commitment to be available will include: i) available to work at least twenty-four (24) hours per week; 5

7 ii) available to work two (2) weekends out of three (3), if required. ARTICLE H- PAID HOLIDAYS (Applicable to full-time employees) H-1 The designation of paid holidays under is as follows: New Year's Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Thanksgiving Day Labour Day Christmas Day Boxing Day H-2 All full-time employees shall be entitled to two (2) "floating holidays" in each calendar year under the following conditions: (i) that the holidays be requested in writing at least two (2) weeks in advance and subject to approval of the employee's immediate supervisor. H-3 Where a full-time employee is entitled to a lieu day under (a), such day off must be taken at a mutually agreeable time within thirty (30) days after the holiday. If there is no agreement the lieu day will be paid at the rate of the employee's regular straight time hourly rate of pay times seven and one-half hours. H-4 In order to qualify for payment of any of the holidays listed above a full-time employee is required to work the last regularly scheduled shift prior to the holiday unless the employee was absent due to: (a) legitimate illness or accident which commenced within a month of the date of the holiday; (b) vacation granted by the Hospital. 6

8 {Applicable to part-time employees) H-5 The designation of paid holidays under is as follows: New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day ARTICLE I- VACATION (Full-Time and Regular Part-Time Employees) 1-1 The date for determining vacation entitlement shall be March 31st. I-2 Vacations shall be scheduled as follows: (a) a vacation request list will be posted by February 1st; (b) all requests for vacation must be submitted in writing by March 15th; (c) in scheduling vacation requests, preference will be given to employees in accordance with their seniority provided the employee exercises this right by the date established in (b) above, after which time requests will be scheduled on a first come, first served basis; (d) the Hospital shall grant vacation requests subject to the staffing requirements of the Hospital; (e) if no vacation allotment is indicated by the following January 15th, the vacation will be scheduled by mutual agreement between the employee and their Manager. If there is no agreement, the Manager will make the final decision; (f) a vacation schedule listing all approved vacation requests for the vacation year shall be posted by April 15th; (g) each full-time employee will be scheduled a minimum of two (2) weeks of vacation time during prime time (defined as June 15th to September 15th), if requested. ARTICLE J- COMPENSATION 7

9 J-1 A registered technologist is required to present her membership certificate to her immediate supervisor before the date each year established by the certifying body. Such time will be extended for reasons where the certifying body permits the technologist's certificate of registration to remain in effect. J-2 Salary on Transfer A full-time employee whose status is altered to part-time or a part-time employee whose status is altered to full-time will assume her same level on the salary grid. ARTICLE K- TRANSPORTATION ALLOWANCE K-1 Pursuant to Article 17.07, when an employee uses his own vehicle the rate of allowance shall be $7.00 per round trip. K-2 Employees authorized to use their own vehicle for Hospital business will be paid an allowance of fifty (50) cents per kilometer. ARTICLE L- HEALTH EXAMINATION L-1 When required by the Hospita~ the employees will submit to a physical examination, stool examination and/or culture, including laboratory tests, x-rays, inoculations and vaccinations; it being understood that the expense of such shall be home by the Hospital and without limiting the generality of the foregoing, the employees agree to submit to an examination required from time to time by the current Public Hospitals Act., formerly R.S.O. 1980, Chapter 410 and amendments thereto and/or regulations passed thereunder. ARTICLE M- BULLETIN BOARDS M-1 The Hospital will provide bulletin board space for the posting of notices related to Union business. Such notices are subject to approval by the Hospital before posting. The Union agrees to remove out-of-date notices forthwith. ARTICLE N- PROTECTIVE CLOTHING N-1 The Hospital agrees to maintain its present policy with regard to supplying and 1)' laundering lab coats for employees required to wear same. 8

10 ARTICLE 0- CORRESPONDENCE 0-1 All correspondence sent by one party to the other shall be addressed: (a) (b) To the Union: And to: To the Hospital: The Unit Steward Ontario Public Service Employees Union OPSEU 414 Algonquin Blvd. E., Unit 1 Timmins, ON P4N 1B6 Human Resources Generalist Kirkland and District Hospital 145 Government Road Kirkland Lake, ON P2N 3P4 9

11 LETTER OF UNDERSTANDING BETWEEN KIRKLAND AND DISTRICT HOSPITAL AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL -- SCHEDULING In Laboratory, employees will be scheduled to work the hour shift in one (1) week periods, subject to staffing requirements. DATED AT KIRKLAND LAKE, ONTARIO THIS Jj_DAY OF DCToS..1'-, 2011 FOR THE UNION &c:->c' C2 9-~\S 10

12 Appendix C Wage Rates Effective Date of Ratification

13 Position: Respiratory Therapist Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four Five Six Seven Eight Current Rates- April1, Ratification 1.00% ,April1,

14 Position: Physiotherapist Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four Five ' Current Rates - April 1, Ratification 1.00% April1,

15 Kirkland and District Hospital OPSEU Local Wage Scales Position: Technologist- Diagnostic Imaging Date I Reason Amount Start One Two Three Four Five Six Seven Eig_ht Nine Current Rates - April 1, Ratification 1.00 / April1,

16 Position: Technologist (Advanced Skills) Diagnostic Imaging Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four Five Six Seven Eight Current Rates - April Ratification 1.00o/o April 1,

17 Position: Technologist.. Laboratory Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four Five Six Seven Eight Current Rates - April 1, Ratification 1.00o/o April t

18 I I Position: Physiotherapy Technician Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four :Current Rates -April 1, I Ratification 1. 00% :April1,

19 Position: Pharmacy Technician Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four Current Rates -April 1, Ratification 1.00% April 1,

20 Position: Laboratory Assistant Kirkland and District Hospital OPSEU Local Wage Scales Date I Reason Amount Start One Two Three Four Current Rates -April 1, Ratification 1.00% April1,

21 Kirkland and District Hospital OPSEU Local Wage Scales Position: Phlebotomist Date I Reason Amount Start One Two Three Four Current Rates - April 1, Ratification April 1,

22 Kirkland and District Hospital OPSEU Local Wage Scales Position: Dietician Date Reason Amount Start One Two Three Four Five Six Seven Eight Nine Current Rates - April 1, Ratification Increase 1.00 /o April 1,

23 MEMORANDUM OF AGREEMENT BETWEEN KIRKLAND AND DISTRICT HOSPITAL AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS KIRKLAND AND DISTRICT HOSPITAL LOCAL 1. The parties hereto agree to the terms of this memorandum as constituting full settlement of all matters in dispute and all other issues or proposals are withdrawn. 2. The undersigned representatives of the parties agree to recommend complete acceptance of all the terms of this memorandum to their respective principals. 3. The parties agree that the term of the collective agreement shall be from the date of ratification by both parties to March 31, The parties further agree that the collective agreement shall incorporate all the terms of the previous OPSEU Central collective agreement which expired on March 31, 2011, together with the following amendments. (a) All matters settled and agreed to by the central parties prior to the date of this memorandum of settlement (OPSEU Central Agreement). (b) All matters settled and agreed to by the local parties today included as Appendix B (Local Issues). (c) The wage rates for the period from ratification to March 31, 2012 are as set out in Appendix "C" as are the central OPSEU wage rates which will be implemented April 1, The parties agree to review a draft revised Collective Agreement incorporating the terms of this memorandum. The Union will produce the initial draft and provide the Hospital with an electronic copy along with a printed copy for review.

24 DATED AT KIRKLAND LAKE, ONTARIO THIS t ~ DAY OF OCTOBER, 2011 FOR THE HOSPITAL ~~ill-~ ~t~ r~ I

25 APPENDIX "A" FORM OF THE COLLECTIVE AGREEMENT The collective agreement will incorporate the March 31, 2011, expired central collective agreement, the issues agreed between the central parties for the renewal of the central agreement and the Kaplan award save and except the Year 1 and Year 2 lump sum payouts from the Kaplan award. Note: The result of incorporating the above documentation (expired collective agreement, issues agreed and Kaplan award) will be the central collective agreement expiring March 31, 2014 exclusive of the Kaplan lump sum payouts (yet to be produced or available). The parties agree that the amendments to the central collective agreement shall be effective on the date of ratification.