COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN: SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA (HEREINAFTER CALLED THE "EMPLOYER") AND UNITED STEELWORKERS (HEREINAFTER CALLED THE "UNION") EFFECTIVE: JULY 1, 2012 EXPIRY: JUNE 30, 2016

2 INDEX ARTICLE 1 - PURPOSE OF AGREEMENT... 1 ARTICLE 2 - RECOGNITION AND SCOPE... 1 ARTICLE 3 - RELATIONSHIP... 2 ARTICLE 4 - MANAGEMENT RIGHTS... 2 ARTICLE 5 - NO STRIKES OR LOCKOUTS... 3 ARTICLE 6 - UNION DUES... 3 ARTICLE 7 - UNION REPRESENTATION... 4 ARTICLE 8 - NEGOTIATING COMMITTEE... 5 ARTICLE 9 - GRIEVANCE PROCEDURE... 6 ARTICLE 10 - DISCHARGE AND DISCIPLINARY ACTION... 7 ARTICLE 11 - ARBITRATION... 7 ARTICLE 12 - TEMPORARY EMPLOyEES... 8 ARTICLE 13 - SENIORITY... 8 ARTICLE 14 - LEAVE OF ABSENCE ARTICLE 15 - HOLIDAYS ARTICLE 16 - VACATIONS ARTICLE 17 - WAGES ARTICLE 18 - SEVERANCE PAY ARTICLE 19 - HOURS OF WORK ARTICLE 20 - BENEFITS ARTICLE 21 - TECHNOLOGICAL CHANGE ARTICLE 22 - MiSCELLANEOUS ARTICLE 23 - TERMINATION SCHEDULE 1 - Supplemental Employment Benefit Plan SCHEDULE 2 - Wages LETTER OF UNDERSTANDING - RE: Retiree Benefits LETTER OF UNDERSTANDING - RE: Vacation Entitlement LETTER OF UNDERSTANDING - RE: Events Assistant

3 ARTICLE 1 - PURPOSE OF AGREEMENT 1.01 The general purpose of this Agreement is to secure the full benefits of orderly collective bargaining, an amicable method of settling any difference which may arise between the parties and to set forth the conditions of employment to be observed by the Employer and the Union. ARTICLE 2 - RECOGNITION AND SCOPE 2.01 Whereas SEIU Local Unions (SEIU Local's 183, 204, 210, 220, 268, 519.ca, 532, 777) in Ontario have amalgamated to form a single Local Union known as SEIU Local 1 Canada, and whereas the Employees of the SEIU Local Unions in Ontario wish to be covered by a single Collective Agreement and represented by a single bargaining agent. The Employer recognizes the Union as the sole and exclusive bargaining agent for all office and clerical Employees of the Employer engaged in the business of Local 1 Canada save and except Director of Administration, Accountant, Supervisors, and persons above the rank of Supervisor Except for the level of work being performed prior to this Agreement, the Employer agrees that non-bargaining unit Employees shall not perform bargaining unit work if their doing so would result in a bargaining unit member being laid off or demoted A member of the bargaining unit who is promoted to a non-officer of Local 1 Canada supervisory or other position will have the right to return to the bargaining unit with full seniority within six (6) months of the promotion Should the right to return to the bargaining unit in 2.03 above be exercised by any bargaining unit Employee who had been promoted to a non-bargaining unit position, that Employee will have full access to all the terms and conditions of the Collective Agreement including the right to grieve all alleged violations of Article For the purpose of implementation of this Article, Union dues shall be deducted from the excluded Employee and remitted to the Union in accordance with Article It is understood that the implementation of Article 2.03 shall not directly cause a layoff The Employer shall not contract out bargaining unit work if doing so would result in a bargaining unit member being laid off or demoted. -1 -

4 ARTICLE 3 - RELATIONSHIP 3.01 The Employer and Union agree that there shall be no improper discrimination in the hiring, training, upgrading, demotion, promotion, transfer, layoff, discharge, discipline or otherwise of Employees for any reason The Employer and Union agree to observe the provisions of the Ontario Human Rights Code and the Canadian Bill of Rights The Employer and the Union agree they shail not interfere with, restrain, coerce or discriminate against Employees in any way in their lawful right to become and remain or refrain from becoming members of the Union and to participate in its activities (a) The Employer and Employees also agree to abide by the provisions of the Ontario Occupational Health and Safety Act as well as the existing provisions of the Workplace Violence/Harassment Policy. (b) The Employer agrees to recognize April 2S H ', as the National Day of Mourning for Workers injured or killed on the job and December 6th Montreal Massacre each year. Accordingly, the Employer will ensure that Employees who so desire may observe one (1) minute of silence at 11 :00 a.m. on each of these days. (c) Employer will endeavour to provide a copy of correspondence to the Unit Chair sent from the Employer to an Employee that is disciplinary in nature No bargaining unit member shall be required to cross a legal collective bargaining picket line. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union recognizes the right of the Employer. subject to the terms of this Agreement, to hire, promote, demote, transfer, layoff, suspend or otherwise discipline and discharge any Employee for cause, subject however, to the right of the Employees concerned to lodge a grievance in the manner and to the extent herein provided 4.02 The Union further recognizes the right of the Employer, subject also to the terms of this Agreement, to operate and manage the affairs of the Employer in all respects and to maintain order and efficiency. The Employer also has the right to make and alter reasonable rules and regulations to be observed by its Employees, such rules and regulations shall, however, not be inconsistent with the provisions of this Agreement Such rules shall not be changed without prior discussion with the Union

5 ARTICLE 5 - NO STRIKES OR LOCKOUTS 5.01 The Employer agrees that it will not cause or direct any lockouts of Employees, and the Union agrees that it will not cause or direct any strikes of its members, during the term of this Agreement. ARTICLE 6 - UNION DUES 6.01 The Employer agrees that all Employees currently members of the Union shall remain members of the Union and all new hirees shall become members of the Union as a condition of their continued employment. Employees refused membership or expelled from membership shall not have their employment affected. This Article takes effect on ratification date of the Collective Agreement dated January 1984, with the exception of part-time Employees whereby this Article takes effect on ratification date of Collective Agreement June, The Employer shall deduct Union dues including, where applicable, initiation fees and assessments, on a weekly basis from the total earnings of each Employee covered by this Agreement. The amount of dues shall be calculated in accordance with the Union's Constitution All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any event no later than fifteen (15) days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers of America, AFL-CIO-CLC, PO Box 13083, Postal Station "A", Toronto, Ontario, M5W 1V7 in such form as shall be directed by the Union to the Employer along with a completed Dues Remittance Form R-115 with a copy to 25 Cecil Street, Toronto, Ontario M5T 1 N1, Attention: Area Coordinator The remittance and the R-115 form shall be accompanied by a statement containing the following information: (a) (b) A list of the names of all Employees from whom dues were deducted and the amount of dues deducted; A list of the names of all Employees from whom no deductions have been made and reasons The Union shall indemnify and save the Employer harmless against all claims or other forms of liability that may arise out of any actions taken by the Employer in compliance with this Article The Employer, when preparing T-4 slips for the Employees, will enter the amount of Union dues paid by the Employee during the previous year. -3-

6 ARTICLE 7 - UNION REPRESENTATION 7.01 The Employer acknowledges the right of the Union to appoint or otherwise select Union Stewards for the purpose of representing Employees in the handling of complaints and grievances The Employer agrees to recognize three (3) Union Stewards The Employer shall be notified by the Union of the names of the Union Stewards and the areas they are representing and any changes made thereto The Employer agrees to recognize and deal with a Union Grievance Committee of not more than two (2) Employees and the Local Union President or Unit Chairperson The Employer and the Union agree that reasonable time spent on grievance handling may be conducted during working hours at no loss of pay. Permission must be obtained from their Supervisors. Such permission will not unreasonably be withheld (a) The Employer and the Union agree to establish a joint Labour-Management Committee to discuss and consider matters of mutual interest. (b) The Committee shall meet not less than once every three (3) months. Urgent meetings may be requested by either party if required. Meetings shall take place during working hours. (c) Each party shall appoint three (3) members of the Committee. (d) A party wishing to discuss any item at a regular meeting shall so notify the other party seven (7) calendar days in advance of the meeting If an authorized representative, who is not employed by the Employer, wants to speak to local Union Representatives about a grievance or other official business, he shall advise the Employer or his designated representative in advance who shall then call the local Union Representative to an appropriate place where they may confer privately. This right is subject to the reasonable availability of the Employee and is not to be abused The Local Union President or Unit Chairperson and Stewards shall be allowed reasonable amounts of time during working hours with pay to attend to legitimate Union business pursuant to this Collective Agreement. Permission must be obtained from their Supervisors. Such permission will not unreasonably be withheld The Employer agrees to make a bulletin board available to the Union for notices relating to Union matters. -4-

7 7.10 (a) The Employer and the Union agree that they mutually desire to maintain standards of health and safety in order to prevent accidents, injury and illness, and abide by the Occupational Health & Safety Act. (b) Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its Accident Prevention - Health & Safety Committee, at least one (1) representative selected or appointed by the Union from among its members. ( c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and procedures and recommend actions to be taken to improve conditions related to health and safety. (d) The Employer agrees to cooperate reasonably in providing necessary information to enable the Committee to fulfill its functions. (e) Meetings shall be held every third month. The Committee shall maintain minutes of all meetings and make the same available for review. (f) Time off for such representative(s) to attend meetings of the Accident Prevention - Health & Safety Committee in accordance with the foregoing shall be granted and time so spent attending such meetings shall be deemed to be work time for which the representative(s) shall be paid by the employer at the base rate of pay. (g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices. ARTICLE 8 - NEGOTIATING COMMITTEE 8.01 The Employer agrees to recognize and deal with a Negotiating Committee of not more than three (3) Employees who shall be regular Employees of the Employer along with representatives of the International Union The Negotiating Committee is a separate entity from other Committees and will deal only with such matters as are properly the subject matter of negotiations, including proposals for the renewal or modification of this Agreement The Employer and Union agree that time spent in the negotiation of renewals of this Agreement up to the request of the no board by either party shall be paid for by the Employer The Empioyer agrees to allow the Negotiating Committee one (1) day off with pay, at a mutually selected time, to prepare its proposals for a renewal of the Collective Agreement. -5-

8 ARTICLE 9 - GRIEVANCE PROCEDURE 9.01 It is the mutual desire of the parties hereto that any complaint or cause for dissatisfaction arising between an Employee and the Employer with respect to the application, interpretation, or alleged violation of this Agreement shall be adjusted as quickly as possible It is generally understood that an Employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate Director an opportunity to adjust the complaint If, after registering the complaint with the Director, such complaint is not settled within three (3) working days or within any longer period which may have been agreed to by the parties, then the following steps of the Grievance Procedure may be invoked: Step One: The grievance shall be submitted in writing to the Director either directly or through the Union within ten (10) working days of the event in dispute. The Director shall meet with the Employee's Union Steward within three (3) working days of the receipt of the grievance in an attempt to resolve the grievance. The grievor shall have the right to be present at this meeting if they request to be there. The Director shall, within a further three (3) working days, answer to the grievance and return it to the Union. Step Two: If the decision of the immediate Director is not satisfactory or if no decision is received or meeting held within the specified time limits, the grievance may be submitted to the Chief of Staff within twenty-two (22) working days of the event, who shall, within ten (10) working days hold a meeting between the Union Grievance Committee and the Grievor (if requested to be present by either party). The Field Staff Representative may be present. The Assistant to the President shall issue his answer within ten (10) working days of the meeting If final settlement of the grievance is not reached at Step Two then the grievance may be referred in writing by either party to arbitration as provided in Article 11, Arbitration, at any time within thirty (30) working days after the submission of the grievance under Step Two, 9.05 At any stage of the Grievance Procedure including arbitration, the conferring parties may have the assistance of the Employee (s) concerned and access to any necessary witnesses and relevant records. All reasonable arrangements will be made to permit the conferring parties, or the Arbitrator, to have access to the work site to view disputed operations and to confer with the necessary witnesses

9 9.06 Policy and Group grievances may be initiated at Step Two The Arbitrator, or Board of Arbitrators, may allow any grievance, notwithstanding a violation of the time limit, where doing so would be just and equitable in the circumstances. The parties may extend any of the time limits by mutual agreement in writing. ARTICLE 10..:... DISCHARGE AND DISCIPLINARY ACTION It is agreed that all disciplinary meetings shall be conducted in private with the Employee, whenever possible, being advised in advance of the meeting and the nature of the meeting and of the right to have a Steward present Disciplinary warnings or disciplinary suspensions shall be removed from an Employee's record as soon as they are twelve (12) months old An Employee, upon request, shall have the right to review his personal file and grieve any errors in such file As soon as possible, the Union shall be notified of the discharge of any bargaining unit member The Arbitrator, or Board of Arbitrators, shall have full power to deal with the grievance in a just and proper manner Any letters of disciplinary warnings, disciplinary suspension or discharge shall be given to the Employee with a copy of the letter given to the local Union Chairperson if the Employee so requests. ARTICLE 11 - ARBITRATION When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request in writing addressed to the other party to this Agreement The Arbitration procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, unless either party proposes the use of an Arbitration Board Each of the parties hereto will bear its own expense with respect to any Arbitration proceedings. The parties hereto will bear jointly the expenses of the Arbitrator or Board Chairman on an equal basis. - 7-

10 11.04 The Arbitrator or Board shall not be authorized, nor shall it assume authority to alter, modify, or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement The decision of the Arbitrator or Board shall be final and binding on the parties When either party submits a grievance to Arbitration they shall list five (5) choices as Arbitrator or Board Chairman. If the party receiving the notice accepts one (1) of the proposed Arbitrators, they shall contact the Arbitrator or Chairman for dates. If they disagree with all of the five (5) names submitted, they shall submit five (5) choices for Arbitrator or Chairman, The parties shall continue to submit lists until an Arbitrator or Chairman has been agreed upon or either party may apply to the Minister of Labour to appoint an Arbitrator any time after his second list of prospective appointees has been rejected. Such lists must be delivered to the other party within five (5) days of receipt of such party's list. ARTICLE 12 - TEMPORARY EMPLOYEES Employees may be hired for a specific term not to exceed six (6) months, to perform a short-term bargaining unit task. This term may be extended a further six (6) months on mutual agreement of the Union, Employee and the Employer. The release or discharge of such persons shall not be the subject of a grievance or arbitration, Other provisions of the Collective Agreement shall not apply except Schedule The Employer will outline to Employees selected to fill such temporary vacancies and the Union, the circumstances giving rise to the vacancy and the special conditions relating to such employment ARTICLE 13 - SENIORITY (a) An Employee shall not have any seniority, and shall be considered as a probationary Employee, until he has worked sixty (60) working days during any six (6) month period, Employer and Union may agree on extension of probationary period if necessary, (b) Until a probationary Employee attains seniority status, his name shall not appear on any seniority list Upon completion of the probationary period, the Employee's name shall be added to the seniority list, and seniority shall date from the Employee's last date of hire. (c) The purpose of the probationary period is to allow both the Employee and the Employer a period to determine whether the relationship will work properly, - 8-

11 Accordingly, the Employer may terminate a probationary Employee so long as the decision is not arbitrary, discriminatory or made in bad faith (a) The parties recognize that job opportunity and security generally increase in proportion to length of service. (b) In all cases of layoff and recall from layoff, senior Employees shall be given preference so long as the Employee has the skill and ability to do the work within a thirty (30) working daytrainingperio~d; but must exercise their right to bump instead of taking the layoff within five (5) days Seniority shall be maintained and accumulated during: (1) absence due to layoff, sickness or accident (2) authorized leave of absence (3) absence due to pregnancy, adoption, or parental leave This clause does not entitle Employees to such absences An Employee shall lose his seniority standing and shall be considered terminated for anyone (1) of the following reasons: (1) If the Employee voluntarily quits. (2) If an Employee is laid off for a period of more than two (2) years. (3) If the Employee is discharged for just cause and is not reinstated in accordance with the provisions of this Agreement. (4) If the Employee is laid off and fails to notify the Employer of their intention to return to work within two (2) weeks after notification of recall is sent by the Employer by registered mail to his last known address (a copy of such notice shall be sent to the Union). The actual date of return must be within a month of the date recall notification is sent Seniority shall be applied on a bargaining unit basis and shall mean total length of service with the Employer engaged in the business of Local 1 Canada The Employer will post up-to-date seniority lists on or about June 30 and December 31 of each year, and will mail a copy to the Toronto area office of the Union and the Unit Chair. The copy sent to the Union shall contain the Employee's job classification, current rate of pay and the Employee's latest address on file with the Employer. -9-

12 13.07 (a) Whenever it becomes necessary to reduce the work force, the Employee affected shall be given two (2) months' notice in advance of the date of layoff or pay in lieu thereof. (b) An Employee notified of an upcoming layoff shall be allowed reasonable time off work with pay to look for and attend job interviews. (c) The Local Union President or Unit Chairperson shall be notified of the names of any Employees slated for layoff and the expected duration of same (a) Announcements of opportunities for all job vacancies in new or existing jobs, within the bargaining unit will be ed to all bargaining unit staff and will be posted on the bulletin boards in all offices for a period of five (5) working days prior to the filling of the job vacancy. Employees desiring consideration in the filling of the job vacancy shall apply in writing as set out on the notice. The Employer shall limit consideration to bargaining unit members. If none are selected they may consider outside applicants. (b) In filling any vacancy the senior Employee shall be given preference so long as the Employee has the skill and ability to do the work. (c) Jobs shall not be considered vacant when Employees are not at work because of sickness, accident, or authorized leave of absence. However, temporary transfers and temporary hiring is permissible in such situations. This clause does not entitle Employees to such absences. (d) Employees accepted by the Employer on a posted job who fail to qualify or demonstrate their ability to learn the new job (or feel dissatisfied with the job) within a reasonable discretionary trial period shall be returned to their former job. The duration of such period shall be specified at its commencement. The availability of this trial period need not be considered in the selection of applicants. The trial period shall not be longer than the probationary period for new Employees set out herein. (e) When an Employee accepts a job posting in a higher classification they shall be placed in the next higher step from their present position in the wage grid. (f) At the Employer's discretion, if an Employee has demonstrated the experience, skill and ability required to perform the duties of the higher paying classification, the Employer may give credit for the seniority earned in the lower paying classification. (g) A clerical Employee who transfers to the field staff (the denial of such transfer shall not be grievable) shall carry with them the amount of vacation entitlement and shall be deemed to have completed the probationary period for benefits and maternity - 10-

13 and adoption leave. Employees who transfer to the field staff and are not satisfied or fail to qualify or demonstrate their ability to learn the new job may be returned to their former job during their probationary period. (h) The parties will meet to negotiate reasonable relocation expenses in the event that an Employee is required to relocate. (i) If an Employee of SEIU or any of its affiliated locals in Canada transfers and becomes an Employee of SEIU in this bargaining unit, they shall carry with them full seniority and service rights. This shall include recognition for the appropriate placement on the wage grid if the Employee is being employed in the same classification. In the event an Employee of this bargaining unit should obtain employment with another SEIU Employer in Canada, this Employer will, at the request of the Employee, submit a written request to the new Employer that the Employee's full seniority and service be recognized as above. A copy of such letter will be given to the Employee. This clause to be retroactive to July 1, ARTICLE 14 - LEAVE OF ABSENCE (a) The Employer may grant unpaid leave of absence in its discretion for a period not to exceed six (6) months, which shall not be unreasonably withheld. (b) The Union shall be notified of leaves granted pursuant to (a) (a) Employees who have been elected or appointed by the Union to attend Union conventions or conferences or other Union business shall be granted a leave of absence without pay by the Employer as long as it does not unduly interfere with the normal operations of the Employer. The Union will notify the Employer in writing as early as possible prior to the start of the leave of the names of the members requiring leave. No more than two (2) Employees shall be absent on such leave at any time. The Employer agrees to maintain the wages and benefits of Employees during such leave and to bill the Union. The Union agrees to compensate the Employer for such authorized payments by the 15th day of the month following the receipt of the Employer's statement. (b) Employees elected or appointed to full time Union positions or if elected as a Member of Parliament or the Ontario legislature, will be granted a leave of absence without payor benefits for up to two (2) years. At the discretion of the Employer such leave may be extended each two (2) years. -11-

14 Employees who accept employment for a political party may be granted a leave of absence without payor benefits for up to one (1) year Pregnancy Leave (a) Pregnancy Leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision. The service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks of continuous service. (b) The Employee shall give written notification at least two (2) weeks in advance of the date of commencement of such leave and the expected date of return. At such time, she shall also furnish the Employer with the certificate of a legally qualified medical practitioner stating the expected birth date. (c) The Employee shall reconfirm her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Employer at least two (2) weeks in advance thereof. (d) An Employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance Pregnancy Benefits pursuant to Section 22 of the Employment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between ninety-five percent (95%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period and receipt by the Employer of the Employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance Pregnancy Benefits, and shall continue while the Employee is in receipt of such benefits for a maximum period of fifteen (15) weeks. The Employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase or salary increment that she would be entitled to if she were not on pregnancy leave. The Employer will pay the Employee one hundred percent (100%) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits. The Employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

15 (e) Credits for service and seniority shall accumulate for a period of up to seventeen (17) weeks while an Employee is on pregnancy leave. (f) The Employer will continue to pay its share of the contributions of the subsidized Employee benefits, including pension plan, in which the Employee is participating for a period of up to seventeen (17) weeks while the Employee is on pregnancy leave. (g) Subject to any changes to the Employee's status which would have occurred had she not been on pregnancy leave, the Employee shall be reinstated to her former duties, on the same shift in the same department, and at the same rate of pay Parental Leave (a) Parental Leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision. The service requirement for eligibility for parental leave shall be thirteen (13) weeks of continuous service. (b) An Employee, who qualifies for parental leave, other than an adoptive parent, shall give written notification at least two (2) weeks in advance of the date of commencement of such leave and the expected date of return. (c) An Employee who is an adoptive parent shall advise the Employer as far in advance as possible of having qualified to adopt a child and shall request the leave of absence, in writing, upon receipt of confirmation pending adoption. If, because of late receipt of confirmation of the pending adoption, the Employee finds it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified in writing. (d) An Employee shall reconfirm his or her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Employer at least two (2) weeks in advance thereof. (e) An Employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance Parental Benefits pursuant to Section 23 of the Employment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period and receipt by the Employer of the Employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance Parental Benefits, and shall continue while the Employee is in receipt of such -13 -

16 benefits for a maximum period of thirty-five (35) weeks. The Employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase or salary increment that she would be entitled to if she were not on parental leave. The Employer will pay the Employee one hundred percent (100%) of her normal weekly earnings during the first two (2) week period of the leave while waiting to receive Employment Insurance Benefits. The Employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan. (f) Credits for service and seniority shall accumulate for a period of up to thirty-five (35) weeks after the parental leave began if the Employee also took pregnancy leave, and thirty-seven (37) weeks after the parental leave began otherwise, while an Employee is on parental leave on the basis of what the Employee's normal regular hours of work would have been. (g) The Employer will continue to pay its share of the premiums of the subsidized Employee benefits, inciuding pension, in which the Employee is participating, for a period of up to thirty-five (35) weeks after the parental leave began if the Employee also took pregnancy leave, and thirty-seven (37) weeks after the parental leave began otherwise, while the Employee is on parental leave. (h) Subject to any changes to the Employee's status which would have occurred had he or she not been on parental leave, the Employee shall be reinstated to his or her former duties, on the same shift, in the same department, and at the same rate of pay (a) An Employee will be allowed up to forty (40) days sick leave with pay per calendar year (January 1 - December 31). The Employer will provide a Supplemental Unemployment Benefits Plan to top up E.I.C. sick pay as with maternity leave to 95% of wages subject to E.!'C. rules. (b) This provision does not derogate from the Employer's right to expect reasonable attendance. (c) The Employee must notify their respective Director or if unavailable, the Director of Administration, within the first hour of the normal starting time if they are not coming in, giving a general reason for such absence

17 (d) A doctor's certificate may be requested after three (3) days of continuous illness. Reimbursement for an Employer requested medical certificate will be paid up to a maximum of thirty dollars ($30.00) upon receiving a receipt Employees shall be allowed up to a total of nine (9) days paid leaves of absence for personal reasons including family illness and paternity leave. In the case of paternity leave, three (3) additional days can be used for a total of twelve (12). The Employee will submit a request with a general reason and adequate notice. For clarification, the parties agree that paid personal days are not intended to supplement regular vacation entitlement or statutory holidays. Accordingly, the parties agree that personal days may be scheduled continuous with such entitlement only by mutual agreement with the Employer. Further, the parties agree that personal days cannot be used for gainful employment elsewhere, or for the purpose of extra paid holidays The Employer agrees to provide a leave of absence with pay to Employees required to serve jury duty or as a crown witness. The pay provided will be less any jury duty or witness fee (a) In the event of the death of an Employee's spouse, common law spouse, child, parent, brother, sister, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchildren, step-parent or step-child, the Employee shall be allowed a one (1) week leave of absence with pay. Three (3) days should be allowed in the event of death of Employee's niece or nephew. (b) Spouse and common law spouse in Article (a) shall include a same sex relationship. In the case of common law spouse and same sex relationships the Employee shall advise the Employer of the name of the person to be considered as a spouse in such circumstances and the relationship will be considered to be effective for (a) purposes: (i) For new hires - immediately upon being hired and the notification being given. (ii) For all other Employees - Employer. six (6) months after the notice is given to the -15 -

18 ARTICLE 15 - HOLIDAYS 15,01 (a) The Employer will observe the following paid holidays: Nevv' Year's Day Family Day Good Friday Easter Monday Victoria Day Local 1 Canada (third Monday in June) Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day and December 24th if scheduled to work. (b) The Employer shall add such extra days as required to the holiday list to ensure that each Employee has time off between December 25 th and January 2 nd of each year. (c) Should one of the holidays set out in (a) fal! on a Saturday or Sunday, the Employer shall designate a Friday or Monday as the holiday. (d) Should a holiday listed in (a) occur during an Employee's vacation, the vacation shall be extended by one day unless another day is agreed to by the Employer and the Employee To be eligible for holiday pay an Employee must have actually worked seven (7) days in the thirty calendar days preceding the holiday. ARTICLE 16 - VACATIONS (a) An Employee with less than one (1) year seniority as of June 30 shall be entitled to two (2) weeks' vacation with pay. Vacation pay shall be four percent (4%) of earnings for the year ending June 30. (b) An Employee with one (1) or more year's seniority but less than three (3) years seniority shall be entitled to three (3) weeks' vacation with pay. Vacation pay shall be six percent (6%) of earnings for the year ending June 30, subject to (c) An Employee with three (3) years or more seniority as of June 30, shall be entitled to four (4) weeks' vacation with pay

19 Vacation pay shall be eight percent (8%) of earnings for the year ending June 30, subject to (d) An Employee with eight (8) years or more seniority as of June 30 shall be entitled to five (5) weeks' vacation with pay. Vacation pay shall be ten percent (10%) of earnings for the year ending June 30, subject to (e) An Employee with fourteen (14) years or more seniority as of June 30, shall be entitled to six (6) weeks vacation with pay. Vacation pay shall be twelve percent (12%) of earnings for the year ending June 30, subject to (f) An Employee with twenty (20) years or more seniority as of June 30, shall be entitled to seven (7) weeks vacation with pay. Vacation pay shall be fourteen percent (14%) of earnings for the year ending June 30, subject to (g) An Employee with twenty-five (25) years or more seniority as of June 30 shall be entitled to eight (8) weeks vacation with pay. Vacation pay shall be sixteen percent (16%) of earnings for the year ending June 30, subject to (h) Earnings means compensation paid to Employees for work performed including premiums and holiday pay (a) Vacation entitlement may not be accumulated but must be taken during the calendar year in which the entitlement arises except as provided below. (b) Vacations may be tacked on to Christmas holidays providing however, that the granting of such vacation is subject to sufficient staff being available to carry out the operations of the Employer. The decision as to the number of sufficient staff required shall be at the sole discretion of the Employer. In the case of one (1) or more Employees applying, the senior Employee or Employees will be given preference provided the request for this vacation was submitted by the vacation deadline of March 30. This option can only be exercised every four (4) years. (c) No more than three (3) weeks' vacation may be taken at anyone (1) time. Four (4) weeks' vacation may be taken at one (1) time for an extended vacation, once in a three (3) year period. The granting of such extension to four (4) weeks is -17-

20 subject to sufficient staff being available to carry out the operations of the Employer. The decision as to the number of sufficient staff required shall be at the sole discretion of the Employer. In the case of one (1) or more Employees applying, the senior Employee or Employees will be given preference provided the request for this vacation was submitted by the vacation deadline of March 30th. (d) Employees may request a carry over of vacation in writing. Such requests may be approved at the Employer's sole discretion. (e) The immediate year's previous vacation being held over will be paid at the rate of the year in which it was supposed to be taken. (f) The extended vacation shall not be subject to the seniority rights in the following year Employees who notify the Employer of their vacation requests by March 30 th shall have such requests considered in order of seniority. Requests made after March 30th must be submitted a minimum of two (2) weeks prior to the requested date(s) and shall be subject to requests already granted. It is understood that vacation requests submitted on short notice for extenuating circumstances shall not be unreasonably denied Employees shall receive one (1) weeks regular pay per week of entitlement, or the appropriate percentage of wages since the last calculation, whichever is greater, for vacation pay provided that as of the June 30 calculation the Employee has one (1) year seniority; and (a) An Employee with one (1) or more year's seniority as of June 30 shall receive one (1) or more week's regular pay at the time of taking of their vacation. (b) In February of each year, the percentage of earnings for the year ending June 30 will be compared with the amounts paid as in (a) and where necessary any adjustments will be paid. (c) Employees taking vacation days for less than a period of one (1) week shall have their comparison made on the basis of the regular pay at the time of taking the fifth day of vacation. (d) If any Employee has an unpaid leave of absence or layoff in excess of thirty (30) consecutive working days then a deduction will be made from vacation pay entitlement in the appropriate amount based on regular salary for the period multiplied by the appropriate percentage for the Employee. For purposes of this Article, E.I.C., Sick Leave, W.S.I.B. and L.T.D., pregnancy and parental leave shall be considered paid time

21 16.05 Where an Employee's scheduled vacation is interrupted due to serious illness or Bereavement Leave which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave. Where an Employee's scheduled vacation is interrupted due to serious illness requiring the Employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave. The portion of the Employee's vacation which is deemed to be sick leave under the above provision will not be counted against the Employee's vacation credits. ARTICLE 17 - WAGES Wages shall be paid in accordance with Schedule 2, attached to this Agreement When an Employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying position in the bargaining unit for a period in excess of one-half of a shift he shall be paid the rate immediately above his current rate in the higher classification to which he was assigned from the commencement of the shift on which he was assigned the job. At the Employer's discretion, if an Employee has demonstrated the experience, skills and ability required to perform the duties of the higher paying classification, the Employer may give credit for the seniority earned in the lower paying classification Responsibility Outside the Bargaining Unit When the Employer temporarily assigns an Employee to carry out the responsibility of a higher paying classification which is not normally performed by the Employee from commencement of shift, the Employee shall receive an allowance of $20.00 for each shift from the time of assignment. ARTICLE 18 - SEVERANCE PAY Employees hired on or before February 18, 2010, each Employee will be entitled severance pay for more than ten (10) years of continuous service, one (1) week's pay for each year for resignation or retirement. It is understood that this provision applies only to those Employees in the active employ at the time of resignation or retirement and would not apply to those Employees on leave of absence for any reason. Employees hired on or before February 18, 2010, in the event of the death of an Employee, their severance will be paid to the Employee's estate/beneficiary

22 Employees hired on or before February 18, 2010, an Employee with nineteen (19) years or more of continuous employment with SEIU, Local 1 Canada only, will receive severance pay of one (1) week's pay for each year for resignation or retirement. An Employee will receive an additional one (1) week's pay for each year exceeding nineteen (19). ARTICLE 19 - HOURS OF WORK The regular work week shall consist of five (5) working days, Monday to Friday The regular work day shall consist of seven and one-half (7 Y:z) hours including one (1) hour unpaid lunch and two (2) fifteen (15) minute paid coffee breaks (a) Any Employee required to work overtime either after normal working hours or on Saturday shall receive one and one-half (1 Y:z) times regular pay for all hours worked. (b) Any Employee required to work overtime on a Sunday or holiday shall receive two (2) times regular pay for all hours worked. (c) Overtime must be properly authorized. (d) Individual Employees may approach the Employer from time to time for amendments to their hours of work depending on their personal circumstances for a specific time period. These amendments will be at the sole discretion of the Employer. The Employer shall not act in a discriminatory manner Nothing in this Article constitutes a guarantee of work days or hours An Employee required to work more than two (2) hours overtime after normal working hours shall be given a forty dollar ($40.00) meal allowance or a meal will be provided by the Employer The Employer will endeavour to distribute overtime as equitably as possible among Employees within their classification and who are able to do the work. ARTICLE 20 - BENEFITS The Employer shall pay the premiums for insurance policies providing the following benefits subject to the terms of such policies: (a) Life Insurance: (three times salary until age 65, reduced after 65)

23 (b) A. D. & D. (c) Major Medical, including drugs (d) Smoking Cessation Aids (e) Vision Care: $350.00/24 months for glasses or contacts and $350.00Ilifetime contact lens (following cataract surgery or if visual acuity falls below a certain level) (one time fitting is all that is required). (f) Dental Care with current D.D.A. fee schedule (g) Long Term Disability: Cap will be 60% of salary. It is understood the Employees eligible for pension will not be entitled to payments under this plan but will be eligible for benefits pursuant to Article (h) Hearing aids: $ every five years, maximum (i) D.H.I.P. U) The Employer is to continue WSIB coverage for all staff. The details of the current plans have been supplied to all Employees and the Employer undertakes to maintain comparable plans The Employer will pay benefit premiums for an Employee retiring after the age of fiftyfive (55) provided they have a minimum of five (5) years full-time service. This shall date back to the certification date of the bargaining unit. Effective the month following September 19, 2003, in addition to the forgoing the Employer will pay benefits for an Employee retiring after age fifty (50) providing they have at least ten (10) years in the active employ of SEIU, Local 1 Canada only. The aforementioned premiums shall be paid for the Group Insurance Benefits Plan for SEIU Local 1 Canada Retirees, as described in the plan text, and shall also apply for active Employees aged sixty-five (65) and older The Insurance Premium payable under Article will be paid by the Employer during any illness or disability independent of the question of employment status The Employer will contribute the equivalent of fourteen percent (14%) of regular salary or such amount as required by the Pension Trustees to its Staff Pension Plan. Payments pursuant to the Plan are subject to the terms thereof. All future improvements in the Plan will be applied to bargaining unit staff

24 20.05 The Employer will pay tuition fees for any educational courses it requires Employees to take. ARTICLE 21 - TECHNOLOGICAL CHANGE (a) Technological change means the introduction of equipment different in nature, type or quantity from that previously utilized or a change related to the introduction of this equipment. (b) Notification shall be given to the Union at least three (3) months in advance of a technological change. (c) A technological change shall be introduced only after the Union and Employer have reached agreement on the appropriate new classifications and rates if necessary and regarding measures to be taken to protect the Employees from any adverse effects. If the Union and the Employer fail to agree upon such measures, the matter may be referred by either party to arbitration for the purpose of determining such matters. (d) No Employee is to be dismissed, laid off or have normal earnings or working hours reduced as a result of technological change. (e) Where new or greater skills are required than already possessed by the affected Employees, such Employees shall, at the expense of the Employer, be given a reasonable period of time without reduction of hours of work or rates of pay during which they may acquire the necessary skills required by such change. In addition, such Employee may request in writing reimbursement for any tuition fees and related costs. Such approval shall be at the sole discretion of the Employer. ARTICLE 22 - MISCELLANEOUS Whenever the masculine or feminine gender has been used herein, it shall, as appropriate, include the other gender Whenever the singular number has been used herein, it shall, as appropriate, include the plural and the plural shall include the singular All letters of understanding or letters of intent attached to this Agreement are a part of this Agreement Upon receipt of proper authorization from an Employee, the Employer agrees to deduct on a weekly basis the amount of forty (40) cents from the wages of that Employee, and - 22-