MEMORANDUM OF AGREEMENT

Transcription

1 WITHOUT PREJUDICE AND WITHOUT PRECEDENT MEMORANDUM OF AGREEMENT BETWEEN: FORENSIC PSYCHIATRIC SERVICES COMMISSION (hereinafter referred to as FPSC ) and OAK BAY LODGE CONTINUING CARE SOCIETY (hereinafter referred to as OBL ) and HEALTH EMPLOYERS ASSOCIATION OF BRITISH COLUMBIA (hereinafter referred to as HEABC ) and THE GOVERNMENT OF B.C. REPRESENTED BY THE B.C. PUBLIC SERVICE AGENCY (hereinafter referred to as PSA ) and B.C. GOVERNMENT AND SERVICE EMPLOYEES UNION (hereinafter referred to as the BCGEU ) and HEALTH SERVICES AND SUPPORT FACILITIES SUBSECTOR ASSOCIATION OF UNIONS (hereinafter referred to as the FBA ) Page 1 of 11

2 THE PARTIES AGREE AS FOLLOWS: DEFINITIONS Auxiliary Employees means those employees of OBL and FPSC currently governed by Article 31 of Master Agreement. BCGEU means the B.C. Government and Service Employees Union. Employee means a regular full-time or regular part-time employee currently employed by OBL or FPSC. FPSC means the Forensic Psychiatric Services Commission. FBA means the Health Services and Support Facilities Subsector of Unions. HEABC means the Health Employers Association of BC. Health Sector Collective Agreement means the Health Services and Support Facilities Subsector Collective Agreement between HEABC and the FBA. Master Agreement means the 16 th Master Agreement between the Government of British Columbia and the BCGEU and the 16 th component agreements for the Health and Allied Services Component, Administrative Services Component and the Environmental, Technical and Operations Component. OBL means Oak Bay Lodge Continuing Care Society. PSA means the BC Public Service Agency. Unions means the BCGEU and the FBA. TERMS OF TRANSITION Terms of Collective Agreement Will Apply 1. The terms of the Health Sector Collective Agreement shall apply to all Employees and Auxiliary Employees of OBL and FPSC currently working in positions set out in Appendix A for all purposes, effective June 1, 2013, unless otherwise provided in this Agreement. Auxiliary Employee Right to Register as Casual Employee 2. Every current Auxiliary Employee of OBL or FPSC has the right to register as a Casual Employee under the Health Sector Collective Agreement. Upon registration, Page 2 of 11

3 each newly registered Casual Employee will be governed by the provisions of the Health Sector Collective Agreement. Information Provided to Unions 3. The Unions will be provided with a list of all current Employees and Auxiliary Employees of OBL and FPSC, which will include the following information: Employee name Job Title/Position Classification Rate of Pay Status (Full-time/Part-time/Auxiliary/Auxiliary with Benefits) Service Seniority Continuous Years of Service Union Affiliation Employee Classification and Wage Protection 4. The specific classification of Employees and Auxiliary Employees will be determined by the Health Sector Collective Agreement classification system following the implementation of this Agreement. The current hourly wage rates of all Employees and Auxiliary Employees will be maintained until their positions have been classified under the Health Sector Collective Agreement. a. If the Employee s classification under the Health Sector Collective Agreement assigns an hourly rate of pay lower than the Employee s hourly rate of pay under the Master Agreement, that Employee s hourly rate of pay will be maintained in accordance with Addendum Maintenance Agreement and Classification Manual, Section 12(4). Employees on Leave 5. Employees and Auxiliary Employees who are absent from the workplace on sick, LTD, WorkSafeBC, maternity, education, personal or other comparable leaves shall be notified of the changes to their terms and conditions of employment with OBL/FPSC resulting from the implementation of this Agreement by OBL/FPSC via registered mail/courier. The terms of this Agreement will not be applied to any Page 3 of 11

4 Employee on an approved leave until he or she returns to work from the approved leave, subject to paragraph 18. Qualifying and Probationary Periods 6. Employees and Auxiliary Employees who have completed Qualifying and/or Probationary periods will not be required to serve new Qualifying and/or Probationary periods as a result of the implementation of this Agreement. 7. Employees and Auxiliary Employees who have not completed Qualifying and/or Probationary periods by June 1, 2013 must do so in accordance with the Health Sector Collective Agreement. Employees and Auxiliary Employees who have partially completed Qualifying and/or Probationary periods as of June 1, 2013 shall be credited for this partial time under the Health Sector Collective Agreement upon transition. Transition to 37.5 Hour Work Week 8. Effective June 1, 2013, weekly hours of work for Regular Full-Time Employees covered by this Agreement will increase from 35 to There will be no reduction in the hours of work for Regular Part-Time Employees as a result of this Memorandum of Agreement. Employees will maintain their shift pattern on transfer. Grievances a. Employees presently working a five day week will move from a 7 hour work day to a 7.5 hour work day by working an additional 30 minutes per day added to the end of each shift; b. Employees presently working a 4/2 rotation will work 7.67 hours each work day (7hrs 40min of work with a total shift length 8hrs 10min including lunch break) by working an additional 10 minutes per day added to the end of each shift. Lieu days off will be eliminated; c. Employees working a 9 day fortnight will work 8.33 hours (8hrs 20 min) each work day by working an additional 33 minutes per day added to the end of each shift. 9. Any grievances filed prior to June 1, 2013 will be governed by the relevant provisions of the Master Agreement. Any grievances filed on or after June 1, 2013 will be governed by the relevant provisions of the Health Sector Collective Agreement. Seniority/Service 10. Employees of OBL and FPSC who are employed on the effective date of this Agreement shall be entitled to retain their full seniority accrued while working in the Page 4 of 11

5 Public Service and their service shall be deemed to be continuous from the Public Service to the Health Sector. Seniority will be recognized in accordance with the Health Sector Collective Agreement and calculated according to the following formula: 1950 x total straight time paid hours/1827 for the regular employment period from January 1, 2004 to present and prior to January 1, 1993; 1872 x total straight time paid hours/1827 for the regular employment period from January 1, 1993 to December 31, Auxiliary Employees shall be entitled to retain seniority hours accrued while working in the Public Service. Benefits 12. Employees will not be required to serve a new waiting period to qualify for health and welfare benefits. Any Employee who has not completed such a waiting period as of June 1, 2013 must do so in accordance with the Health Sector Collective Agreement. Employees who have partially completed such a waiting period as of June 1, 2013 shall be credited for this partial time under the Health Sector Collective Agreement upon transition. 13. Auxiliary Employees who have completed 180 hours of work with OBL or FPSC will not be required to complete an additional 180 hours of work to be eligible to enrol in the medical services plan, dental plan and extended health plan. Auxiliary Employees who have completed less than 180 hours of work with OBL or FPSC shall be credited for this partial time. 14. Employees will be credited on June 1, 2013 with a special leave bank under the terms of the Health Sector Collective Agreement in accordance with their continuous service under the Master Agreement on May 31, Further accumulation and access to special leave credits will be granted in accordance with the Health Sector Collective Agreement. 15. Subject to approval of the Board of Trustees of the Public Service Pension Plan (PSPP), OBL and FPSC will apply to the Board of Trustees of the PSPP to allow current Employees to continue in the Plan. Should an Employee choose not to remain with the current Plan, or if the Trustees do not give the necessary approval, he or she will be enrolled in the Health Sector Collective Agreement Pension Plan. Subject to applicable Pension Plan rules, the Employee shall not be required to serve a waiting period. This provision applies only to current Employees of OBL and FPSC. Employees subsequently hired by OBL or FPSC will not have the option to enrol in the PSPP. Page 5 of 11

6 16. Employees shall cease participation in the Master Agreement Short-Term Illness and Injury Plan (STIIP) effective June 1, 2013 and will thereafter be governed by the Sick Leave Plan of the Health Sector Collective Agreement. Each Employee s starting sick leave entitlement will be calculated in accordance with the following formula: Each full-time employee is to be granted ten (10) days of sick leave credits annually from the date he or she joined the STIIP plan to the maximum cap of the Sick Leave Plan. Such credits shall be pro-rated for part-time Employees. 17. Auxiliary Employees shall cease participation in the Master Agreement Short-Term Illness and Injury Plan (STIIP) effective June 1, 2013 and thereafter will be governed by the applicable Sick Leave Plan provisions of the Health Sector Collective Agreement. 18. Notwithstanding paragraphs 5, 16 and 17, Employees and Auxiliary Employees who are currently on the Master Agreement STIIP or LTD plan as of May 31, 2013 shall remain covered by these plans until they either return to work (performing the full duties and hours of their position) or they are no longer eligible for plan benefits. Vacation 19. In the 2013 calendar year, Employees will receive their vacation entitlements in accordance with the Master Agreement. No vacation entitlement will be earned under the Health Sector Collective Agreement for Insofar as possible, all previously approved 2013 vacation shall be taken as per the existing vacation schedule. For the 2014 calendar year and thereafter, vacation entitlements will be governed by the Health Sector Collective Agreement. 20. During the 2014 calendar year, Employees may borrow vacation entitlement from OBL or FPSC in an amount that would allow them to receive up to their full vacation entitlement under the Health Sector Collective Agreement. Employees who borrow vacation entitlement will repay to OBL or FPSC in each calendar year the greater of the following : Leave Banks two (2) days' vacation ; or twenty (20) percent of the borrowed amount. In any event, upon termination of employment, the full-borrowed amount will be repaid to OBL or FPSC. 21. Employees and Auxiliary employees' leave banks accumulated under the Master Agreement will be frozen at their current value on May 31, 2013 and addressed as follows: Page 6 of 11

7 a. Banked overtime allowance, vacation carryover, banked holiday overtime, and lieu days may be carried over for use before December 31, 2014 after which these banks will be paid out; b. Archived vacation and archived sick banks may be carried over and may be used prior to December 31, 2014 provided the Employee would not otherwise be able to avoid borrowing under Paragraph 20 of this Agreement in order to receive his/her full vacation entitlement in Any time not scheduled in accordance with this section by December 31, 2014 will be paid out; c. All other leave banks accumulated under the Master Agreement will be paid out at the time of transition. 22. The service of Employees shall be deemed to be continuous from the Public Service to the Health Sector for purposes of Article 43 (Severance Allowance) of the Health Sector Collective Agreement. Educational Leave and Assistance 23. FPSC will continue to support FPSC Employees who were approved for tuition coverage under the Public Service Pacific Leaders Program prior to the transition to the Health Sector. This does not apply to the Tuition Loan Forgiveness or Scholarships for Children programs. 24. The Employees who will continue to receive support and their program(s) are listed in Appendix B. Applications aside from those listed in Appendix B will not be accepted or approved. 25. No Employee will be considered by the PSA to have failed to fulfil their "return of service" commitment as a result of OBL/FPSC no longer being subject to the Public Service Act. Retained Rights 26. Employees and Auxiliary Employees who currently have in-service status with the Government will maintain this status until May 31, 2015 for the sole purpose of applying on regular positions in Government. If re-employment with the Government occurs as a result of this recognized in-service status, the Employee s or Auxiliary Employee s employment with the Government will be deemed to have continued uninterrupted from June 1, 2013 to the date of re-employment. As of June 1, 2013, Employees will not have access to the appeal process of the Public Service Act. The PSA will ensure that Employees and Auxiliary Employees having in-service status are provided with access to internal postings of the BC Public Service. 27. If, within a five (5) year period after June 1, 2013, OBL or FPSC is once again made subject to the Public Service Act, then Employees and Auxiliary Employees of OBL Page 7 of 11

8 and FPSC who were employed prior to June 1, 2013 shall also be covered by the Public Service Act and shall retain all seniority earned while working under the terms of the Health Sector Collective Agreement. General Terms 28. The Parties agree that the terms of this Agreement are without prejudice to the position that any of them may take in any other matter or proceeding, shall not be treated as a precedent with respect to any other matter or proceeding, and shall not be referred to in any other proceeding, discussion or negotiation. 29. The terms of this agreement may be changed or varied only by mutual consent of the parties. 30. Any dispute arising out of the interpretation or implementation of this Agreement, which cannot be resolved by the Parties, shall be referred to expedited arbitration within ten (10) days utilizing the Expedited Arbitration process set out in Article 10 of the Health Sector Collective Agreement. 31. The effective date of this Agreement shall be the 1 st day of June, Signed on behalf of: OBL, May Sauder, Executive Director FPSC, Marion Olynyk, Director, Human Resources, Provincial Health Services Authority HEABC, Graeme Norton, Industry Lead PSA Susanne Francoeour, Chair Component 2, BCGEU Lori Joaquin, Chair Component 12, BCGEU Byron Goerz, Chair Component 20, BCGEU Brent Camilleri, Staff Representative BCGEU Page 8 of 11

9 APPENDIX A OBL Positions 1. Activity Worker R11 2. Activity Worker R24 3. Administrative Officer 3 4. Building Maintenance Worker 5. Building Maintenance Worker 7 6. Building Maintenance Worker R6 7. Clerk R14 8. Clerk R9 9. Coordinator of Volunteers R Food Production Services R Food Production Services R Food Production Services R7 13. Food Production Services R9 14. Health Care Worker R9 15. Laundry Worker R6 16. Office Assistant R7 17. Sewing Machine Operator R7 FPSC Positions 1. Forensic Security Officer Scientific/Technical Officer R15 3. Activity Worker N18 - Teacher 4. AW R14 Rehabilitation Worker 5. Clerk R9 Administrative Assistant 6. Clerk R9 Staffing Clerk 7. Clerk R9 Library Clerk Page 9 of 11

10 8. Clerk R9 Unit Clerk 9. Food Production Services R Food Production Services R7 11. Food Production Services R9 12. Health Care Worker R9 13. Office Assistant Regnl Clinics 14. Forensic Secrty Off 14 Supvr 15. Office Manager (R11) 16. Office Assistant R7 17. Hawthorn Program Worker 18. Office Assistant 19. Coordinator Scheduling Service 20. Coord concurrent Dsdr PeerSupp 21. Hairgroomer R Consult Services Supervisor 23. Audio Visual Technician Page 10 of 11

11 APPENDIX B FPSC Employees and Their Programs Page 11 of 11