Collective Agreement

Transcription

1 Collective Agreeent Between ntario Public Service Eployees Union on behalf of its Local 491 and Queensway Carleton Hospital DURATI: April 1, March 31, 2016 PSEU SEFP Queensway Carleton Hospital Sector

2 TABLE F CTETS ARTICLE1 PURPSE... 1 ARTICLE2 RECGITI Contracting ut... 1 ARTICLE3 DEFIITIS... 1 ARTICLE4 MAAGEMET RIGHTS... 2 ARTICLE5 DISCRIMIATI... 3 ARTICLE 6 - STRIKES R LCKUTS... 4 ARTICLE 7 - UI MEMBERSHIP AD DUES... 4 ARTICLE 8 - UI REPRESETATI & RESPSIBILITIES... 5 ARTICLE 9 - GRIEVACE AD ARBITRATI PRCEDURE... 7 ARTICLE10 SEIRITY...: ARTICLE 11 - LAYFF AD RECALL b) Retireent Allowance c) 17 Voluntary Exit ption... d) Separation Allowance ARTICLE12 JB PSTIG Teporary Transfers...: Transfer to Position utside the Bargaining Unit ARTICLE 13 - PERSAL LEAVE F ABSECE ARTICLE 14 - CURT ATTEDACE ARTICLE 15 - LEAVE F ABSECE - BEREAVEMET ARTICLE 16 - PREGACY AD PARETAL LEAVE Pregnancy Leave Parental Leave... 23

3 ii ARTICLE 17 - LEAVE F ABSECE - UI BUSIESS ARTICLE 18 - PRFESSIAL DEVELPMET ARTICLE 19 - PRE -PAID LEAVE PLA ARTICLE20 - EFFECT F ABSECE ARTICLE21 - HURS F WRK Weekends Miniu Hours Between Change of Shift Casual Eployee Availability... ARTICLE 22 - STADBY, CALLBACK, SHIFT PREMIUM Shift Preiu: Weekend Preiu: ARTICLE23 - HLIDAYS ARTICLE 24 - VACATIS - FULL-TIME EMPLYEES ARTICLE 26 - SICK LEAVE - FULL-TIME EMPLYEES Disability Incoe Plan... a) Sick Leave Period Terination of eployent or transfer out of Full-tie Conditions Re- eployent and Transfer back to Full-tie Conditions b) Eployent Insurance Period c) 42 Long-ter Disability Period... d) 42 Benefit Coverage During Absences Due to Disability ( a) 42 Workers' Safety and Insurance... Cb) Modified Work ARTICLE27 - EARED BEEFITS Benefits for Early Retirees Continuation of Benefits After Retireent... 46

4 iii ARTICLE28 - BULLETI BARDS ARTICLE29 - MISCELLAEUS ew Classification... ARTICLE 30 - SALARIES AD ALLWACES ARTICLE 31- ACCIDET PREVETI - HEALTH & SAFETY CMMITTEE ARTICLE 32 PRFESSIAL RESPSIBILITY ARTICLE33 - RETRACTIVITY ARTICLE34 - TERM F AGREEMET... LETTERF AGREEMET Re: CSECUTIVE DAYS F WRK - ARTICLE LETTERF AGREEMET REQUEST FR EXTEDED CSECUTIVE DAYS FRM ARTICLE LETTERF UDERSTADIG Re: CALL-BACK HLIDAY... LETTERF UDERSTADIG RE: CDITIAL FFERS F EMPLYMET... LETTERF UDERSTADIG Re: MEDIATI/ ARBITRATI RE: T AVERAGIG AGREEMET AD EXCESS HURS AGREEMET APPEDIXA... MEMRADUMF AGREEMET JBSHARIG APPEDDCB RE: Reduction in Hours in oral Work Week for Full -Tie Staff MEMRADUM F UDERSTADIG RE: REGISTRATI F PHARMACY TECHICIAS... 65

5 iv MEMRADUM F UDERSTADIG RE: PHARMACY TECHICIA REGISTRATI... Schedule"' A" Salary Rates... LETTERF UDERSTADIG Re: Grandfathered Eployees for Vacation... LETTERF UDERSTADIG Re: Lup su payent Appendix C: Workload Alert otification...

6 ARTICLE 1 - PURPSE It is the intent and purpose of this Agreeent to establish and aintain an haronious collective bargaining relationship and to provide a ethod for the propt and equitable adjustent of grievances of eployees in the eploy of the Hospital, or of disputes between the parties without unnecessary delay or expense, or diinution of services to the public, as well as to establish and aintain satisfactory working conditions, hours of work and salaries for all eployees, in the eploy of the Hospital. ARTICLE 2 - RECGITI The Eployer recognizes the ntario Public Service Eployees Union as being the sole and exclusive bargaining agent of all paraedical personnel eployed by Queensway Carleton Hospital save and except supervisors and persons above the rank of supervisor, students in training, interns, students eployed during the school vacation period and persons covered by subsisting Collective Agreeents Work of the Bargaining Unit o one other_ than eployees represented by PSEU and its Local 491 shall perfor duties norally perfored by ebers of the bargaining unit except for the purposes of instruction, student educational placeent, experientation or in eergencies when regular eployees are unavailable CTRACTIG UT The Hospital shall not contract out work currently perfored by ebers of this bargaining unit, if, as a result of such contracting out, a layoff of any bargaining unit eployees occurs. This clause will not apply in circustances where the Hospital no longer provides a particular service as a result of the rationalization or sharing of services between hospitals in a particular geographic district, or as a result of the withdrawal of the Hospital' s licence to perfor such services. ARTICLE 3 - DEFIITIS The ter " eployee" only those eployees Article above. or " eployees" as used in this Agreeent shall ean who are included in the bargaining unit as defined in 1

7 3. 02 A " full-tie eployee" is defined as an eployee who norally works the nuber of hours described in Article (a) A " regular part-tie eployee" is defined as an eployee who is regularly scheduled on a pre -deterined basis to work less than the noral hours of work described in Article ( a). A regular part-tie eployee ay work casual hours in excess of her pre -deterined schedule., A "casual eployee" is an eployee who works only when called to do so, and has the option of accepting or rejecting those hours of work A " teporary eployee" is an eployee who is hired for a liited period of tie to replace a full- tie or part-tie eployee who is on authorized leave of absence or who is eployed for a specific purpose or task norally not to exceed six (6) calendar onths A "job -sharing eployee" is an eployee who is sharing the hours of work of what would otherwise be one full- tie position. See Appendix "A" Wherever the feinine pronoun is used in this Collective Agreeent, it includes the asculine pronoun where the context so requires. Where the singular is used it shall also be deeed to include the plural " Supervisor" or " Iediate Supervisor", when used in this Agreeent, shall ean the first supervisory level excluded fro the bargaining unit " Parent" includes a person with who a child is placed for adoption and a person who is in a relationship of soe peranence with a parent of a child and who intends to treat the child as his or her own " Spouse" includes a partner of the sae sex in a relationship of soe peranence for all entitleents. ARTICLE 4 - MAAGEMET RIGHTS The Union acknowledges that the anageent of the Hospital and the direction of working forces are fixed exclusively in the Hospital and shall reain solely with the Hospital except as specifically liited by the provisions of this Agreeent and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Hospital to: a) aintain order, discipline and efficiency; b) hire, assign, discharge, direct, proote, deote, classify, transfer, layoff, recall, discharge or otherwise discipline eployees, provided that a clai K

8 of discharge or discipline without cause ay be the subject of a grievance and dealt with as hereinafter provided; c) deterine, in the interest of efficient operation and highest standards of service, job rating and classification, the hours of work, work assignents, ethods of doing the work, and the working establishent for the service and the location of work; d) generally to anage the operation that the Hospital is engaged in and, without restricting the generality of the foregoing, to deterine the nuber of personnel required, ethods, procedures and equipent in connection therewith; e) ake, enforce and alter fro tie to tie rules and regulations to be observed by the eployees These rights shall not be exercised in a anner inconsistent with the provisions of this Agreeent. ARTICLE 5 - DISCRIMIATI The parties agree that a safe workplace, free of violence and harassent, is a fundaental principle of a healthy workplace. Coitent to a healthy workplace requires a high degree of cooperation between ebers of the healthcare counity. Eployees are epowered to report incidents of disruptive behavior or doestic violence without fear of retaliation. The parties are coitted to a harassent and violence free workplace and recognize the iportance of addressing discriination and harassent issues in a tiely and effective anner There shall be no discriination by the Hospital or the Union against any eployee on account of ebership or non -ebership in, or activities or lack of activities on behalf of the Union The Hospital and the Union shall coply with the Huan Rights Code of ntario Every person who is an eployee has a right to freedo fro harassent in the workplace by the eployer or agent of the eployer or by another eployee because of race, ancestry, place of origin, colour, ethnic origin, age, record of offences, citizenship, creed, arital status, faily status or handicap. ' Workplace harassent" eans engaging in a course of vexatious 9

9 coent or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcoe. Every person who is an eployee has a right to freedo fro harassent in the workplace because of sex by his or her eployer or agent of the eployer or by another eployee. The right to freedo fro harassent in the workplace applies also to sexual orientation. ARTICLE 6 - STRIKES R LCKUTS The Union agrees there shall be no strikes and the Hospital agrees that there shall be no lockouts during the ter of operation of this Collective Agreeent. The eaning of the words " strike" and " lockout" shall be as follows: Strike" includes a cessation of work, a refusal to work or to continue to work by eployees in cobination or in concert or in accordance with a coon understanding, or a slowdown or other concerted activity on the part of eployees designed to restrict or liit output. Lockout" includes the closing of a place of eployent, a suspension of work or a refusal by an eployer to continue to eploy a nuber of his eployees, with a view to copel or induce his eployees or to aid another eployer, to copel or induce his eployees to refrain fro exercising any rights or privileges under the Labour Relations Act of the Province of ntario or to agree to provisions or changes in provisions respecting ters or conditions of eployent or the rights, privileges or duties of the eployer and eployer's organization, the Trade Union or the eployees. ARTICLE 7 - UI MEMBERSHIP AD DUES Mebership in the Union shall be voluntary and open to all eployees as defined in Article 2.01 herein, who ay seek to be ebers The Hospital will deduct fro each eployee in the bargaining unit an aount equal to the regular onthly union dues designated by the Union. The aount of regular onthly dues shall be as certified to the Hospital by the Treasurer of the Union fro tie to tie. The aounts so deducted shall be reitted by the Hospital to the Union's Accounting Departent no later than the 15th of the onth following the onth in which such deductions were ade. In reitting such dues the Hospital will provide the Central Union with a list of eployees for who such dues were deducted. This list shall include eployee nae; 4

10 and part tie/full tie/ casual status. A copy of such list shall be provided to the Local Union President. In consideration of the deducting and forwarding of union dues by the Hospital, the Union agrees to indenify and save harless the Hospital against any clais or liabilities arising or resulting fro the operation of this Article otice of any change in the aount of Union dues will be provided in writing by the Union to the designated Huan Resources Manager at least two ( 2) onths prior to the coenceent of the pay period in which the new rate is to be ipleented The Hospital will provide to the Bargaining Unit President, on an annual basis, an electronic list of addresses of eployees on the seniority list as of January 31 st The Union agrees to defend and hold the Hospital copletely harless against all clais, deands, costs and expenses, should any person at any tie contend or clai that the Hospital has acted wrongfully or illegally in aking such dues deduction The Hospital will provide each eployee with a T4 Suppleentary Slip showing the dues deducted in the previous year for incoe tax purposes. ARTICLE 8 - UI REPRESETATI & RESPSIBILITIES The Hospital shall recognize a egotiating Coittee coposed of up to four 4) ebers of the bargaining unit plus one outside counsel or advisor fro the Union. The purpose of this Coittee shall be to negotiate with the Hospital, the renewal or odifications of the ters of this agreeent. Tie spent by eployees absent fro their regular duties in direct negotiations with the Hospital up to but not including arbitration shall be without loss of reuneration The Hospital shall recognize a Grievance Coittee of up to three ( 3) ebers of the Union. The Coittee shall operate and conduct itself in accordance with the provisions of this Collective Agreeent The Hospital acknowledges the right of the Union to appoint, or otherwise select seven ( 7) eployee representatives. Such eployee representatives ay assist eployees in presenting grievances in accordance with the procedures as herein provided. The parties recognize the eployee representatives have regular duties to perfor on behalf of the Hospital. Therefore, an eployee representative will

11 not leave her regular duties without first obtaining perission fro her supervisor and when she is required to enter an area other than her own she shall obtain perission fro the supervisor of that area to do so. When such business has been copleted, the eployee representative will notify the supervisor in the area when she is leaving, if applicable, and shall notify her own supervisor when resuing her noral duties. Such perission shall not be unreasonably withheld by the Hospital. A reasonable aount of tie spent absent fro regular duties in the investigation of grievances, where perission to do so has been obtained fro the supervisor, shall be without loss of reuneration and shall be confined to eetings with the Hospital and investigations into grievances up to, but not including the arbitration process A Union -Manageent Coittee will be constituted to discuss atters of utual concern. The Hospital and the Union ay each noinate up to three 3) representatives who shall be ebers of the Coittee and where additional ebers shall be utually agreed in advance of any eeting, entitled to attend to provide representation fro a particular departent involved in the issues on the agenda. Meetings shall be convened as required and held on the Hospital preises, or such other location as agreed, at a utually convenient tie. ot less than seven ( 7) days notice shall be given of such eeting unless the parties agree otherwise and the agenda for consideration shall be agreed to by the parties twenty-four ( 24) hours in advance of the tie at which the eeting is convened. The Hospital will keep inutes of such eetings_ and provide copies of sae to the Union representatives The Union shall keep the Hospital notified in writing of the naes of its eployee representatives and its other authorized representatives, as well as their respective dates of appointent and their ailing addresses The Hospital shall designate a tie of fifteen ( 15) inutes during orientation for a representative of the local Union to eet with newly hired eployees. 0

12 ARTICLE 9 - GRIEVACE AD ARBITRATI PRCEDURE At the tie foral discipline is iposed, or at any stage of the grievance procedure, an eployee shall have the right, upon request, to the presence of her eployee representative. In the case of suspension or discharge, the Hospital shall notify the eployee of this right in advance A coplaint shall not be considered as a grievance unless the aggrieved eployee has first given an opportunity for her Supervisor to adjust the coplaint. Such coplaint shall not be considered after five ( 5) working days of the origin of the coplaint or fro the date upon which the subject atter of the coplaint ay reasonably be deeed to have coe to the attention of the eployee so affected. Failing satisfactory resolve within five ( 5) working days after the coplaint is ade, the atter ay then be processed as a grievance A grievance ay arise only fro a dispute concerning the interpretation, application, adinistration or alleged violation of the Agreeent. The grievance shall be signed by the eployee and shall set out the nature of the grievance, the section or sections of the Collective Agreeent allegedly violated, and the reedy sought. The following shall be, unless otherwise specified, the prescribed anner for handling a grievance: Step o. 1 The eployee with the assistance of a Union representative, if desired, ay subit a written grievance signed by her to her Manager. Within five ( 5) days of receiving the grievance, the anager will eet with the grievor, and, if desired, her Union representative to endeavour to reach a satisfactory resolution to the grievance. Within five ( 5) days of the grievance eeting, the anager will provide a written decision. Failing settleent, then Step # 2: Within five ( 5) days following the decision at Step # 1, the eployee, with the assistance of the grievance coittee ay subit the written grievance to the Manager, Labour and Eployee Relations or designate. The Manager, Labour and Eployee Relations or designate will, within ten ( 10) days fro the date on which the written grievance was presented to hi, convene a Step # 2 so that he and the eeting at a tie and place suitable to both parties, grievor's Division Head ay hear the grievance. Within ten ( 10) days of the grievance eeting, the Manager, Labour and Eployee Relations or designate will provide the Hospital' s decision in writing. It is understood that 7

13 both parties have the right to have the assistance of such counsel or representatives as they dee necessary at the Step #2 eeting A clai by an eployee, who has copleted her probationary period and who clais that she has been discharged without just cause shall be treated as a grievance if a written stateent of such grievance is officially lodged with the Hospital by the eployee within three ( 3) working days after such eployee has been so notified by the Hospital. Such special grievance shall coence at Step 2 of the Grievance Procedure, and ay be settled by confiring the Hospital's action in discharging the eployee, or by any other arrangeent which is just and equitable in the opinion of the conferring parties or, if necessary, a Board of Arbitration. When an eployee is discharged on hospital preises without notice, she shall have the right to request that her eployee representative be notified of the discharge before leaving the preises A coplaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreeent, shall be originated under Step o. 2. Failing settleent under Step o. 2 within fifteen ( 15) days it ay be subitted to arbitration in accordance with Article However, it is expressly understood that the provisions of this paragraph ay not be used by the Union to institute a coplaint or grievance directly affecting an eployee which such eployee could herself institute and the regular Grievance Procedure shall not be thereby bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be coenced within ten ( 10) days after the circustances giving rise to the coplaint occurred or fro the date upon which the subject atter of the coplaint ay reasonably be deeed to have coe to the attention of the Hospital or the Union Where two or ore eployees have identical grievances and each eployee would be entitled to grieve separately, they ay present a group grievance in 10) days after the writing identifying each eployee who is grieving within ( circustances giving rise to the grievance have occurred or ought reasonably to have coe to the attention of the eployees so affected. The grievance shall be originated at Step o Failing settleent under the foregoing procedure of any grievance between the parties arising fro the interpretation or alleged violation of this Agreeent, If such grievance ay be subitted to arbitration as set forth in Article no written request for arbitration is received within fifteen ( 15) days after the decision under Step o. 2 is given, it shall be deeed to have been settled and not eligible for arbitration.

14 9. 08 All agreeents reached under the Grievance Procedure between the representatives of the Hospital and the grievor or the representatives of the Union will be final and binding upon the hospital and the Union and the eployees o atter ay be subitted to arbitration which has not been carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the tie liits specified in the Grievance Procedure, the grieving party shall be entitled to subit the grievance to the next step of the Grievance Procedure If the Hospital or the Union requests that a grievance as above provided be subitted to Arbitration, it shall ake such requests in writing addressed to the other party of this Agreeent and at the sae tie appoint its noinee to the Board of Arbitration. Within ten ( 10) days thereafter, the other party shall appoint its noinee to the Board of Arbitration and notify the other party. The two noinees so appointed shall, within ten ( 10) days of the appointent of the latter of the, attept to settle by agreeent the third person to be a eber and Chairan of the Arbitration Board. If they are unable to agree on such a Chairan within the ten ( 10) day period, either Party ay then request the Labour Relations Board for the Province of ntario to appoint a Chairan. In the event of default by either party to appoint its representative to the Arbitration Board, the other party ay apply to the Minister of Labour for the Province of ntario who shall have the power to -effect such appointent o person ay be appointed as an arbitrator who has been involved in an attept to negotiate or settle the grievance The Arbitration Board shall not have jurisdiction to aend or add to any of the provisions of the Agreeent, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the ters and provisions of this Agreeent Each of the parties hereto will bear the fee and expense of the noinee appointed by it and the parties will jointly bear the fee and expenses, if any, of the Chairan of the Arbitration Board The tie liits fixed in both the grievance and arbitration procedures ay be extended by written consent of the parties to this Agreeent Saturdays, Sundays and paid holidays as set out in Article will not be counted in coputing the tie within which any action is to be taken or copleted under the provisions of this Article The Hospital and the Union ay, by written agreeent, substitute a single arbitrator for a specific grievance or grievances, and the single arbitrator shall 2

15 possess the sae powers and be subject to the sae liitations as a Board of Arbitration Any letter of suspension, docuents leading to such suspension and subsequent docuents of a disciplinary nature shall be aintained on an eployee's record until such eployee has established a discipline -free period of eighteen ( 18) onths after which all such docuents shall be reoved fro her record. Where no suspension is a atter of record, any letters of discipline or other sanction shall be reoved fro her record after a discipline -free period of twelve ( 12) onths. Each eployee shall have reasonable access to her file for the purposes of reviewing any evaluations, letters of counselling or foral disciplinary notations contained therein. Such review shall take place in the presence of the eployer. A copy of the above docuents will be provided to the eployee on request. An eployee is entitled to place a written response to letters of counselling in her file. ARTICLE 10 - SEIRITY ( a) ew full-tie eployees shall be on probation for a period of three ( 3) calendar onths fro the date of last eployent. In the case of part- tie eployees, the probationary period shall be 450 hours of work except regular part-tie eployees, for who the period shall be the lesser of 450 hours of work or six (6) calendar onths in the eployent of the Hospital. b) During the probationary period, an eployee shall enjoy all the rights and privileges prescribed in this Agreeent except that she shall not have access to the grievance and arbitration provisions of the Agreeent except where the eployee alleges that she has been unreasonably discharged or disciplined. During the probationary period, an eployee shall have no seniority but upon successful copletion of her probationary period her seniority shall date fro her date of last hiring by the Hospital in the bargaining unit. c) With the written consent of the Hospital, the eployee and the Labour Relations fficer of the Union or designate, the probationary period ay be extended. The eployee and her iediate supervisor shall eet to discuss the extension. The eployee shall receive in writing: i) the reasons for the extension; ii) the specific objectives she is expected to eet; and iii) the date agreed on as the last date for the extended probationary period. 10

16 ( a) Seniority shall be calculated on the basis of continuous service with the Hospital in the bargaining unit fro the date of last hire in the bargaining unit and is used for the purposes of job posting, vacation dates, layoff and recall. The application of seniority under this agreeent shall not extend to the calculation of service nor deterination of entitleent to earned leave, benefits or pay, save as expressly provided otherwise in this agreeent. b) A seniority list shall be established for full-tie eployees and a seniority list shall be established for part-tie eployees. Such lists will be posted by the Hospital no later than January 31St and July 31st, annually. Eployees shall have thirty ( 30) days fro the date of posting to challenge the accuracy of the list. If no challenge to the list is filed in writing to the Hospital in this period, the list shall be accepted by all eployees as correct for all purposes. A copy of the list shall be sent to the Bargaining Unit President and the Labour Relations fficer. In addition, the Hospital will provide a erged list to the Union when deeed appropriate by either party. c) Any hours accuulated in excess of 1500 for a calendar year by a parttie eployee shall not count towards seniority. Prior to the posting of the seniority list every January, these hours shall be eliinated fro the eployees' seniority bank. It is agreed that this exercise shall only be required once per calendar year unless the additional hours worked by an eployee shall have an ipact for layoff or recall purposes An eployee whose status is changed fro part-tie to full-tie or vice versa shall transfer her full seniority based on 1500 hours of part-tie seniority being equal to one ( 1) year of full-tie seniority. otwithstanding the foregoing an eployee ay not predate her actual hire date by the application of the above calculation A part-tie eployee ay relieve in a full-tie position and reain in her parttie status for a period of up to six ( 6) calendar onths or such longer period as ay utually be agreed upon between the parties ( a) Seniority shall be retained and accuulated by a full-tie eployee during active eployent with the Eployer, or when an eployee is absent fro work under the following circustances: 1. Annual vacation. 2. Approved leave of absence up to a axiu of one ( 1) onth in any calendar year. 11

17 3. For a period of one year when absent due to disability resulting in LTD benefits including the period of the disability progra covered by Eployent Insurance. 4. When in receipt of Workplace Safety and Insurance Board ( WSIB) payent 5. When on approved pregnancy or parental leave of absence. 6. When on approved Leave of Absence for educational purposes related to the eployee's job. 7. When on prepaid leave. b) The seniority of a full-tie eployee will be retained but not accuulated when an eployee is absent fro work under the following circustances: 1. For 18 onths following the first year of disability. 2. When on layoff for a period of two (2) years. 3. When on approved leave of absence for educational purposes. 4. When on an approved leave of absence in excess of one ( 1) onth in a calendar year. c) Seniority rights and the eployee's eployent shall be deeed to have terinated if she: 1. Leaves of her own accord. 2. Is discharged and the discharge is not reversed through the Grievance and Arbitration Procedure. 3. Refuses to continue to work or to return to work during circustances beyond the Hospital' s control unless a satisfactory reason is given. 4. Is laid off for a period of ore than twenty-four (24) onths. 5. Is absent fro work without perission for three ( 3) consecutive working days unless a satisfactory explanation is given by the eployee. 12

18 6. Fails to return to work upon terination of an authorized leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence was granted. 7. Fails upon being notified of a recall to signify her intention to return within three ( 3) working days after she has received the notice of recall ailed by registered post and fails to report to work within seven (7) working days after she has received the notice of recall. d) Seniority for part-tie eployees shall accuulate based on hours worked except in cases of pregnancy or parental leave or pre -paid leave purposes. In such instances, seniority shall accuulate based on the eployee' s noral weekly hours. Seniority shall be retained until the eployee's eployent shall be deeed to have been terinated in accordance with Article ( c) It shall be the duty of the eployee to notify the Hospital and the Union proptly of any changes of address. If the eployee fails to do this, the Hospital will not be responsible for failure of a notice sent by registered ail to reach such an eployee. ARTICLE 11 - LAYFF AD RECALL With respect to the developent of any operating or re -structuring plan which ay affect the bargaining unit, the Union, through the Union -Manageent Coittee shall be involved in the planning process fro the early phases through to the final phases of the process A " layoff' includes a teporary or peranent discontinuation of work or reduction in hours of work. In the event of a proposed layoff at the Hospital of a short-ter ( less than three ( 3) onths) or long-ter nature (three (3) onths or longer), the Hospital will: a) for short-ter layoff provide no less than 30 days notice to the eployees and no less than 30 days written notice to the Union, indicating the reasons causing the layoff, the anticipated duration of the layoff and If requested, the parties will identify the eployees likely to be affected. eet. b) for long-ter layoff provide no less than three (3) onths written notice or pay in lieu thereof to the affected eployee( s) and no less than five ( 5) onths written notice to the Union and eet with the Union to review the following: i) the reason causing the layoff 13

19 ii) the service the Hospital will undertake after the layoff including the areas of cut-back and the eployees to be laid off; and plan the following: iii) iv) the ethod of ipleentation revised work schedules including the reallocation of hours of work aong full-tie and part-tie eployees with due regard to seniority v) ways the hospital can assist the eployees to find alternate eployent including identifying vacant positions within the hospital for which surplus ebers of the bargaining unit ight qualify, or such positions which are currently filled but which are expected to becoe vacant within a twelve ( 12) onth period Eployees shall be laid off in reverse order of seniority within the affected classification provided that those entitled to reain on the basis of seniority are willing and qualified to do the work which is available. Probationary eployees then casual and teporary eployees shall be laid off first before any regular full-tie or any regular part-tie eployees are laid off ( a) For short-ter layoff the available work assignents shall be distributed to the ost senior incubents of the classification and site where operationally feasible provided that they are willing and capable of perforing the available job duties to ensure to the greatest extent possible that the layoff ipacts the ost junior eployee(s). o buping is peritted. For the purpose of this provision only, the ter " classification" shall have a broad eaning to include all jobs which have the sae professional base; exaple M. S. W. and B. S. W. is one classification; Senior Physiotherapist and Physiotherapist is one classification. For the purpose of this provision only, the ter " site" shall ean each hospital location. Bell Mews shall be part of the Queensway Carleton Hospital. b) An eployee who is subject to a long-ter layoff shall have the right to: i) accept the layoff; or displace an eployee who has lesser bargaining unit seniority in a lower or identical paying classification if the eployee originally 14

20 subject to layoff can perfor the duties of the lower or identical It is paying classification without training other than orientation. understood that such an eployee would be accorded the sae aount of orientation to which a new eployee would be entitled; or iii) iv) opt to receive a separation allowance as outlined in Article ( c); or opt to retire, if eligible under the ters of the Hospitals of ntario Pension Plan ( HPP) and receive a retireent allowance as outlined in Article ( b). c) Where a vacant position exists which has been posted and reains vacant, an eployee who has either accepted a layoff, or is under notice of layoff will be given an opportunity for training up to twelve ( 12) weeks' duration, if with the benefit of such training, the eployee would becoe qualified for the vacant position. It is understood that an eployee who receives training under this provision need not be considered for any further vacancies for a period of six (6) onths fro the date she is placed in the position ( a) An eployee shall be recalled to the position held prior to the layoff in order of seniority provided-- the eployee reains qualified and able to perfor the duties. The job posting provisions take precedence over recall rights that eployees ay have under this agreeent, unless otherwise provided herein. b) Where an eployee on layoff is the successful candidate for a position with lesser hours, she shall retain her right to casual shifts in accordance with Article for up to two (2) years fro the original date of layoff An eployee shall have the opportunity of recall fro a layoff to an available opening, in order of seniority, provided she is willing and has the ability to perfor the work, before any new eployee is hired An eployee recalled to work in a different classification fro which she was laid off, or an eployee who has displaced an eployee in a lower or identical paying classification shall be entitled to return to the position she held prior to the layoff should it becoe vacant within six ( 6) onths of the layoff, provided that the eployee reains qualified and able to perfor the duties of her forer position. In such a case, the posting procedure shall not apply Regularly scheduled eployees who are on layoff shall be offered such casual hours as ay be required in the on-going operation of the departent subject to the eployee's availability and willingness to work these hours. It is 15

21 understood that an eployee who is offered such hours shall aintain her position on the layoff list and acceptance of additional hours shall not constitute a recall fro layoff. otwithstanding Article ( c) where an eployee has been working such hours, the hospital shall convert her status to casual subject to the availability of hours The Hospital shall notify the eployee of recall opportunity by registered ail addressed to the last address on record with the Hospital which notification shall be deeed to be received on the tenth ( 10) day following the date of ailing. The notification shall state the job to which the eployee is eligible to be recalled and the date and tie at which the eployee shall report for work. The eployee is solely responsible for her proper address being on record with the Hospital Any agreeent between the Hospital and the Union concerning layoff and recall will take precedence over the ters of this Article Eployees who are on layoff for up to one year ay continue to participate in benefit plans enuerated in Article 27, at their request but subject to being allowed by the carrier provided they ake arrangeents for payent of the full aount ( a) The Regional Huan Resources Adjustent Plan will apply to Health Services Restructuring Coission directives. In other circustances, the balance of this Article will apply: The following will apply when calculating early retireent, voluntary exit and separation allowance for part-tie eployees: Service ne year of service for each 1, 500 hours worked Weekly Salary The eployee' s regular hourly rate on her last day ties her noral weekly hours oral Weekly Hours Average hours worked over the preceding 26 weeks. b) RETIREMET ALLWACE Prior to issuing notice of long-ter layoffs pursuant to Article (b), the Hospital will offer early retireent allowance to a sufficient nuber of eployees eligible for early retireent under the Hospital' s pension plan. to the extent that the within the classification in order of seniority, axiu nuber of eployees who elect early retireent is equivalent to the nuber of eployees who would otherwise be subject to layoff under Article (b). 16

22 For the purpose of this provision, the ter " classification" shall have a broad eaning to include all jobs which have the sae professional base. An eployee who elects an early retireent option shall receive, following copletion of the last day of work, a retireent allowance of two ( 2) weeks' salary for each year of service, to a axiu ceiling of fifty-two 52) weeks' salary.* C) VLUTARY EXIT PTI If after aking offers of early retireent, individual layoff notices are still required, prior to issuing those notices, the Hospital will offer a voluntary early exit option in accordance with the following conditions: i) The Hospital will first ake - offers in the classifications within progra( s) where layoffs would otherwise occur. If ore eployees than are required are interested, the Hospital will ake its decision based upon seniority. ii) If insufficient eployees in the departent affected accept the offer, the Hospital will then extend the offer to eployees in the sae classification in other progras. If ore eployees than are required are interested, the Hospital will ake its decision based on seniority. iii) iv) In no case will the Hospital approve an eployee' s request under i) and ( ii) above for a voluntary exit option if the eployees reaining are not qualified to perfor the available work. The nuber of voluntary early exit options the Hospital approves will not exceed the nuber of eployees in that classification who would otherwise be laid off. The last day of eployent for an eployee who accepts a voluntary early exit option will be at the Hospital' s discretion and will be no earlier than thirty ( 30) calendar days iediately following acceptance of the offer. the eployee's written An eployee who elects a voluntary early exit option shall receive, following copletion of the last day of work, a separation allowance of two ( 2) weeks' salary for each year of service, to a axiu of fifty-two (52) weeks' pay. * 17

23 d) SEPARATI ALLWACE Where an eployee has received individual notice of long- ter layoff under Article ( b) such eployee ay resign and receive a separation allowance as follows: days after i) Where an eployee resigns effective within thirty ( 30) receiving individual notice of long-ter layoff, she or he shall be entitled to a separation allowance of two ( 2) weeks' salary for each year of continuous service to a axiu of sixteen ( 16) weeks' pay, and, on production of receipts fro an approved educational progra, within twelve ( 12) onths of resignation, will be reibursed for tuition fees up to a axiu of three thousand ($ 3,000) dollars. * ii) Where an eployee resigns effective later than 30 days after receiving individual notice of long-ter layoff, he or she shall be entitled to a separation allowance of four ( 4) weeks' salary, and, on production of receipts fro an approved educational progra, within twelve ( 12) onths of resignation, will be reibursed for tuition fees 1, 250) up to a axiu of one thousand two hundred and fifty ($ dollars. * ARTICLE 12 - JB PSTIG Prior to an appointent to a new or vacant position, the Hospital shall post notice of such position on the bulletin board provided for such purpose for a period of seven ( 7) working days subject to the following provisions: a) With respect to this clause, vacant position shall ean only regular fulltie and regular part-tie positions and teporary positions reasonably expected to continue for a iniu of six ( 6) onths. Vacancies not expected to continue for a iniu of six ( 6) onths ay be filled at the discretion of the departent head. b) The posting procedure as outlined above ay be eliinated by utual consent where no qualified candidates are deeed available in the Hospital. c) The successful candidate ust possess the qualifications required for the job. In the course of the selection process, the Hospital will duly consider the qualifications, perforance, experience and seniority of each applicant. 61

24 d) If an eployee who has greater seniority than the successful applicant is refused the position, she shall be given the reason for such refusal upon request. e) Regular full-tie and regular part-tie eployees shall be given priority over casual and teporary eployees provided that the qualification, perforance, experience and seniority of each applicant are equivalent In the event that the Hospital requires services to be provided at another site, eployees shall be given the opportunity for a transfer on the basis of preference and seniority where such transfer is for a period of three (3) onths or longer. If no eployee agrees to transfer, a layoff shall occur TEMPRARY TRASFERS i) In the event the Hospital requires a teporary transfer to alternate site( s) the Hospital will endeavour to provide advance notice and to ensure that the change in location will occur for at least one shift unless in the case of an eergency. ii) iii) Eployees authorized to report directly to the alternate site fro their residence or to their residence fro the alternate site, will be paid tie and transportation allowance in excess of the aount between the eployee' s residence and- hoe site. Where the Hospital requires the eployee to be at the alternate site at a specific start/finish tie, any hours which extend her work day in excess of the hours indicated in Article will be paid at the appropriate overtie rate. iv) The teporary assignent will not be for ore than unless agreed to by the parties. three ( 3) onths v) The Hospital will pay parking at the alternate site. vi) In the event that the eployee does not have personal transportation, the Eployer will arrange sae at no cost to the eployee Where the applicant has been selected for a prootion in accordance with Article , she shall be allowed a trial period of four ( 4) calendar onths during which tie she ay return to her forer position if she is not satisfied with the new position or the hospital ay return her to her forer position if it deterines she cannot satisfactorily perfor the job. The filling of subsequent vacancies will likewise be reversed. The posting of such subsequent vacancies shall clearly indicate this condition. 19

25 An eployee who is prooted to a higher rated classification within the bargaining unit will be placed on the grid of the higher rated classification so that she shall receive no less an increase in salary than the equivalent of one step in the salary range of her previous classification ( provided that it does not exceed the salary range of the classification to which she has been prooted). An eployee who is transferred or deoted to a lower rated classification will be placed on the position in the grid ( if any) which ost closely recognizes the experience level recognized on the other grid or the position on the grid which is closest to be not less than the current salary, whichever is the greater. It is agreed that the eployee' s rate shall not exceed the axiu rate of her new grid TRASFER T PSITI UTSIDE THE BARGAIIG UIT o eployee shall be transferred to a position outside the bargaining unit without consent. An eployee who transfers to a position outside the bargaining unit for a period of ore than two (2) onths and less than eighteen ( 18) onths or such longer period as the parties ay agree upon, shall retain but not accuulate seniority held at the tie of transfer. In the event the eployee returns to a position in the bargaining unit within the tie periods noted above she shall be credited with the seniority held at the tie of transfer and shall resue accuulation fro the date of her return to the bargaining unit. ARTICLE 13 - PERSAL LEAVE F ABSECE ( a) Written requests for leaves of absence without pay for legitiate personal Such requests reasons ay be granted at the discretion of the Hospital. will be considered on an individual basis and will not be unreasonably withheld. Such requests are to be ade as far in advance of the leave as possible, but no less than two (2) weeks in advance of the leave except in cases of eergency. The Hospital will give a written reply within seven ( 7) working days. b) Eployees are entitled to unpaid Personal Eergency Leave or Faily Medical Leave in accordance with the provisions of the Eployent Standards Act as aended fro tie to tie. In doing so, the eployee ust provide her iediate supervisor with the reason and duration of the For additional inforation, tie being requested under such provision. eployees ay contact the Huan Resources Departent and/ or Union Representative. 20

26 ARTICLE 14 - CURT ATTEDACE If an eployee is required to serve as a juror in a court of law or is required to attend as a witness in a court proceeding in which the Crown is a party or is required by subpoena to attend a court of law, or coroner's inquest in connection with a case arising fro the eployee' s duties at the Hospital, the eployee shall not lose regular pay because of such attendance, provided the eployee: a) notifies the Hospital iediately upon her notification that she will be required to attend court; b) presents proof of service requiring her attendance; c) proptly repays the aount ( other than expenses) service or attendance to the Hospital. paid to her for such An eployee who is required to attend a court of law shall not be scheduled to work or be on call for the shift contiguous to such attendance. ARTICLE 15 - LEAVE F ABSECE - BEREAVEMET An eployee who notifies the Hospital as soon as possible following a death of child or spouse's child a parent, spouse ( including spouses of the sae sex), shall be granted up to four ( 4) consecutive days off inclusive of the day of the funeral without loss of her regular pay. An eployee who notifies the Hospital as soon as possible following a death of a faily eber shall be granted up to three ( 3) consecutive days off inclusive of the day of the funeral without loss of her regular pay. " Faily eber" eans brother, sister, father-in- law, other- in- law, grandparent, grandparent of a spouse, grandchild, brother-in- law, sister-in- law, son- in- law and daughterin- law. " in- laws" include the relatives of a spouse of the sae sex. An eployee shall be granted one ( 1) day bereaveent leave without loss of regular earnings to attend the funeral of or a eorial service ( or equivalent) for her or his aunt, uncle, niece or nephew. otwithstanding the above, individuals will be granted flexibility to distribute their bereaveent leave entitleent over two ( 2) occasions not exceeding the total nuber of days allotted per faily eber as described above. This flexibility is granted in order to accoodate religious and cultural diversity, special arrangeents related to the death ( e. g. eorial services, burials etc.). When taking the leave over two ( 2) periods, one period ust be taken in conjunction with the funeral. 21

27 Where an eployee does not qualify under the above entioned conditions, the Hospital ay nonetheless grant a paid bereaveent leave. The Hospital, in its discretion, ay extend such leave with or without pay. The eployee shall receive pay only for the days that were granted when she was scheduled to work following the death of a relative but does not work due to the special leave. Where an eployee's scheduled vacation is interrupted due to a bereaveent the eployee shall be entitled to bereaveent leave in accordance with the above provision. The portion of the eployee' s vacation which is deeed to be bereaveent leave under the above provision will not be counted against the eployee's vacation credits. ARTICLE 16 - PREGACY AD PARETAL LEAVE PREGACY LEAVE a) Pregnancy leave will be granted in accordance with the provisions of the Eployent Standards Act, except where aended in this provision. b) The service requireent for eligibility for pregnancy leave shall be thirteen 13) weeks of continuous eployent. c) The eployee shall give the Hospital written notification at least four (4) weeks in advance of the anticipated date of the coenceent of her leave of absence and of the expected date of return. The eployee shall furnish the Hospital with the certificate of a legally qualified edical practitioner stating that she is pregnant and giving the estiated day upon which the delivery will occur. Where circustances change such that the date of the coenceent of the pregnancy leave originally anticipated by the eployee changes, the eployee shall notify the Hospital thereof as soon as possible. d) Subject to confiration by the Eployent Insurance Coission of the appropriateness of the Hospital' s Suppleental Eployent Benefit SUB) Plan, an eployee who is on pregnancy leave as provided under this agreeent who is in receipt of eployent insurance pregnancy benefits, pursuant to Section 18 of the Eployent Insurance Act, shall be paid a suppleental uneployent benefit. The benefit will be equivalent to the difference between eighty-four percent ( regular weekly earnings and the su of her weekly eployent insurance benefits and any other earnings. The eployee shall provide the Hospital with her eployent insurance cheque stub as proof that she is in receipt of eployent insurance pregnancy. benefits, and such benefits shall 84%) of her 22