COLLECTIVE AGREEMENT BETWEEN ST.JOSEPH' S LIFECARE CENTRE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 772

Transcription

1 .. COLLECTIVE AGREEMENT BETWEEN ST.JOSEPH' S LIFECARE CENTRE AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 772 Effective: January 1, December 31, 2016

2 INTERNATION UNION OPERATING ENGINEERS- LOCAL 772 ARTICLE 1 Scope.3 ARTICLE 2 Compliance with Act...3 ARTICLE 3 Management Functions.3 ARTICLE 4 No Lock Out and No Strikes.3 ARTICLE 5 Union Relationship..4 ARTICLE 6 Union Security..4 ARTICLE 7 Wages. 4 ARTICLE 8 Hours of Work.5 ARTICLE 9 Statutory Holidays...6 ARTICLE 10 Annual Vacations...6, 7 ARTICLE 11 Seniority 8 ARTICLE 12 Grievance Procedure.9 ARTICLE 13 Arbitration 10 ARTICLE 14 Sick Leave 10, 11 ARTICLE 15 Insurance, Health, Hospital, Life, Dental.12 ARTICLE 16 Pension.12 ARTICLE 17 Bereavement.13 ARTICLE 18 Uniforms...13 ARTICLE 19 Jury Duty...13, 14 ARTICLE 20 Call in Pay.14 ARTICLE 21 Technological Change ARTICLE 22 Bargaining Unit Work...14 ARTICLE 23 Contracting Out.14 ARTICLE 24 Duration and Termination 14 ARTICLE 25 Contract.15 LETTER OF UNDERSTANDING (Night Shift).16 PART-TIME ADDENDUM...17 ARTICLE 1 Recognition ARTICLE 2 Wages.17 ARTICLE 3 In Lieu of Benefits..17 ARTICLE 4 Hours of Work 18 ARTICLE 5 Statutory Holidays..18 ARTICLE 6 Vacations 18 ARTICLE 7 Seniority..18 ARTICLE 8 Uniforms.19 2

3 THIS AGREEMENT entered into at Brantford, Ontario as of the first day of January, 2015 to December 31, BY AND BETWEEN: ST. JOSEPH'S LIFECARE CENTRE (Hereafter referred to as the "EMPLOYER") AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS CONTRACTING BY ITS LOCAL 772 (Hereafter referred to as the "UNION") OF THE SECOND PART Whereas the Union has been certified by the Ontario Labour Relations Board, the employer therefore recognizes the Union as the sole exclusive Collective Bargaining agent of the Employees in the Boiler Room, the Maintenance Department of St. Joseph's Lifecare Centre. The purpose of this agreement is to establish hours of work, working conditions, disposition of the grievances with a view to promotion of good employee and employer relations. With this intent the hereto have agreed as follows. ARTICLE 1- SCOPE This Agreement shall apply to all Operating Engineers, Facility Maintenance Mechanics, Facility Maintenance Technicians, Trainees and save and except summer students, co-op students who work a maximum of 4 months per season in the employ of the employer. ARTICLE 2- COMPLIANCE WITH ACT The employer, and the Union and the employees concerned agree to comply with the Technical Standards and Safety Act, 2000, and as the Act may be amended. ARTICLE 3- MANAGEMENT FUNCTIONS The Union acknowledges that it is the exclusive function of the employer to: a) Maintain order, discipline and efficiency. b) Hire, discharge, transfer, promote, demote or discipline employees, provided that a claim of discriminatory promotion, demotion or transfer or claim that an employee has been discharge or disciplined without reasonable cause may be subject of a Grievance and dealt with as hereinafter provided. c) Generally to manage the Industrial Enterprise in which the employer is engaged without restricting the generality of the foregoing, to select, install and require the operation of any equipment it decides is necessary. ARTICLE 4- NO LOCK OUT AND NO STRIKES The Union agrees that there will be no strike or other collective action which will stop or interfere with the operations of the said Boiler Room and Maintenance Department. The Employer agrees that there will be no lockout of its employees. 3

4 ARTICLE 5- UNION RELATIONSHIP a) St. Joseph's Lifecare Centre agrees that there will be no discrimination, interferences or coercion exercised or practiced by any of its representatives in respect of an employee because of membership or non-membership in the union. b) The Union agrees that there will be no intimidation. interference, restriction. or coercion exercised or practiced on the employees of any of its members or representatives and there will be no Union activity or meetings on the St. Joseph's Lifecare Centre premises, except other-wise provided inthis agreement. c) An employee who is requested to attend a meeting related to work, and who is not at work, will be paid the regular rate of pay for time inattendance up to a two (2) hour maximum. The Union Steward will be paid regular rate of pay for all time in attendance at grievance and negotiating meetings. ARTICLE 6- UNION SECURITY a) The employer will deduct an initiation fee and union dues monthly for all employees covered under this Collective Agreement for the term of this Agreement according to the following conditions and remit these dues to the Financial Secretary Upper James Street, Suite 401, Hamilton. Ontario L9C 6X6 of I.U.O.E. Local 772. b) New employees after ninety (90) days of service shall have the initiation fee deducted and remitted to the union office. As well, the employee shall sign a form authorizing the employer to deduct Union Dues and these dues shall be submitted to the Union monthly by the Employer. ARTICLE 7- WAGES The wage rate to be paid employees shall be as follows: Facility Maintenance Technician- (Facilities System Technician. Licensed Trade Certification. Industrial Electrician. Gas Tech. II, Plumber, HVAC). January l, $23.80 January 1, $24.76 January 1, $25.75 January 1, $26.10 January 1, $ January 1, $27.42 Facilities Maintenance Mechanic Level 1- (Licensed Trade Certification. Gas Tech. m. Electrician Apprentice, Carpenter, BES II) January 1, $21.69 January 1, $22.69 January 1, $22.91 January 1, $23.26 January 1, $23.84 January 1, $

5 ARTICLE 7- WAGES cont'd Facilities Maintenance Mechanic- Level II January 1, $19.27 January 1, $19.79 January 1, $20.38 January 1, $ January 1, $21.25 January 1, $21.78 a) A shift differential of $0.60 will be paid on all hours worked between 1600 hours and 0700 hours. b) A weekend premium will be paid on all hours worked from 2400 hours Friday to 2400 hours Sunday at a rate of $1.00 per hour. c) On call pager rate as follows: March 8, $2.85 d) Staffing -three (3) Full time equivalence one with benefits in lieu e) New For the period of January 1, 2015 to December 31, $500 lump sum payment New For the period of January 1, 2016 to December 31, $500 lump sum payment Lump sum payments will be prorated for employees who work part-time or partial years based on the proportion of full-time hours they worked in that year. ARTICLE 8- HOURS OF WORK a) The employer does not guarantee to provide employment of work for normal hours or for any other hours. b) Seven and one-half (7.5) hours at the working place shall constitute a shift's work. Employees on three- shift operations will remain on the job at the end of their shift if required until their relief arrives or until other arrangements are made by the Employer. c) The work week starts with the 0700 hour Monday Morning Shift and shall average thirty-seven and one-half (37.5) hours over one week. d) Overtime at one and one- half times the employee's standard rate of pay shall be paid for all hours worked in excess of regular scheduled hours per day and week, for all hours worked on an employee's regularly scheduled day off and any hours worked in excess of seven and one-half (7.5). e) Interchange of shifts by mutual agreement between employees will be permitted, without any change in rates, when submitted in writing by affected employees and approved by the Manager. Such approval will not arbitrarily be withheld. Time provisions in Clause (d) shall not apply. f) If by virtue of a change in requirements by the employer, an employee is required to work his regularly scheduled weekend off, said employee shall be paid at the rate of double time for all hours worked on the weekend and have his days off re-scheduled. g) Should an employee who is scheduled for work not report to work within one hour of the scheduled starting time, the Employer may call another employee into work in place of the late reporting employee. The Employer may send the late employee home without pay. 5

6 ARTICLE 8- HOURS OF WORK cont'd h) Overtime shall be distributed as equitably as possible among those employees who are available to work such overtime. ARTICLE 9- STATUTORY HOLIDAYS a) The following days will be recognized as Statutory Holidays. New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day b) An employee who is required to work on the above named holidays will receive an alternate day off within a period of forty- five (45) calendar days prior to or following the holiday. Work performed on any of the above Statutory Holidays shall be paid at the rate of one and one-half (1-1/2) time. c) If one of the above named holidays occurs on an employee's regular day off or during his vacation period, the employee will receive an additional day off in lieu thereof within a period of forty-five (45) calendar days prior to or following the holiday at a mutually arranged time. d) In order to qualify for payment for the above named holidays under the provision in paragraph (a) above, an employee must work his regular scheduled working shift immediately prior to and his regularly scheduled working shift immediately following the holiday or the day granted in lieu thereof. In the event an employee is prevented from working the said holiday, by reason of illness, and supplies a medical certificate as requested by the employer, such employee shall be paid for the holiday. No employee shall receive holiday pay by this means for more than one paid holiday during any one illness. ARTICLE 10- ANNUAL VACATIONS Effective January 1 st and every January 1 st thereafter, all employees will receive full vacation credits for the fiscal year. a) Vacation entitlement will be calculated on the anniversary date of hire, and entitlement will be pro-rated in the first year of graduation to an enhanced entitlement. b) Employees on the active payroll with one (1) full year continuous service shall be entitled to two weeks vacation with pay. c) Employees on the active payroll with three (3) full years continuous service, and thereafter, shall be entitled to three (3) weeks vacation with pay. 6

7 d) Employees on the active payroll with five (5) full years continuous service, and thereafter shall be entitled to four (4) weeks vacation with pay. e) Employees on the active payroll with twelve (12) years continuous service, and thereafter, shall be entitled to five (5) weeks vacation with pay. f) Employee on the active payroll with twenty-two (22) years continuous service, and thereafter, shall be entitled to six (6) weeks vacation with pay. g) Employees on the active payroll with twenty-eight {28) years of continuous service, and thereafter, shall be entitled to seven (7) weeks vacation with pay. h) An employee who has completed thirty (30) years of continuous service shall be entitled to an additional five (5) days vacation with pay as a one time occurrence. i) Vacation shall be scheduled with preference given to senior employees provided that all employees with two (2) weeks or more entitlement shall be entitled to two weeks continuous vacation between June 15 and August 31. j) For the purpose of calculating vacation credits, employees on the short-term disability plan, or workplace safety and insurance board, will continue to accumulate vacation credits for absences up to, and including, a seventeen (17) week period. Employees on long term disability benefits will not accumulate vacation credits during their absence. Employees may request unpaid vacation to which they are entitled if short of vacation credits. If any employee leaves their employment at the St. Joseph's Lifecare Centre, and has already taken paid vacation without earning adequate credits, the employer would then have the option to proceed to have the unearned vacation credits refunded to the St. Joseph's Lifecare Centre. k) Vacation may be taken anytime between January 1 st and December 31 st in any vacation year. Vacations are not cumulative and cannot be carried over into the next vacation year. Selection of vacation periods will be in accordance with seniority and subject to the employer's requirements as to the sufficient availability of staff. Any unused vacation credits, as of December in any vacation year, will be paid out in accordance with the Employment Standards Act. I) Vacation preference for vacation during peak summer months, will be submitted to the Staffing Clerk, in writing, no later than April 15th and the employer will endeavor to return approved change of schedule forms no later than May Requests for Christmas vacation will be submitted to the Staffing Clerks, no later than September 15th and the employer will endeavor to return approved change of schedule forms no later than October 1 st m) Requests for vacation during other non peak period times of the year must be submitted to the Staffing Clerks, in writing at least two (2) weeks in advance of the requested vacation period, and will be considered based on the employer's requirements as to the sufficient availability of staff. n) When an employee has accumulated vacation with pay credits of four (4), five (5), six (6) or seven (7) weeks, the employee may be required to split vacation into two (2) periods, either one of which may not exceed three (3) weeks in length, to be taken 7

8 at different times in order that the desirable vacation time of the year may be more equitable distributed. o) During the time period between December 15t1t and January 5t1t, one (1) employee per department will be granted vacation entitlement. p) Vacation must be taken in the vacation year. q) Employees may take up to four (4) individual statutory holidays, or vacation days on weekends. Such requests will not be unreasonably denied provided coverage is available. ARTICLE 11- SENIORITY a) Employees shall be probationary employees until they have been continuously employed by the Employer for ninety (90) days. If at the option of the Employer, an employee is retained for the aforementioned period, the employee shall be placed on the Seniority List and seniority shall be based on the date he last commenced work for this Employer in the bargaining unit. The dismissal of a probationary employee will not be the subject of a grievance. b) In the event of promotions, transfers and layoffs within this bargaining unit, consideration will be on the basis of necessary qualifications, experience, sufficient skills, competence and efficiency to perform the job in question. Provided the senior employee is relatively equal in the opinion of the employer, which shall not be exercised in an arbitrary or discriminatory manner, seniority shall be the deciding factor. c) An employee shall lose his seniority standing, and his name shall be removed from the seniority list and his employment shall be deemed terminated for any of the following reasons: Such absences do not include any emergency leave as defined by the Employment Standards Act. i. If the employee is discharged for just cause. ii. If the employee voluntarily resigns or quits the employment of the Employer. iii. If the employee is absent without permission of the Employer or overstays a leave of absence, and fails in either event to furnish the Employer with an acceptable reason for such absence. iv. If the employee has been laid off continuously for a period in excess of one (1) year with less than ten (10) years of service or five (5) years with (10) years or more of service. v. If the employee accepts other gainful employment while on leave of absence from the Employer due to illness or injury. Employment for the purpose of rehabilitation or retaining is acceptable and encouraged. vi. If the employee is absent for thirty (30) months due to illness or accident or in receipt of Workplace Safety Insurance Board payments. 8

9 ARTICLE 12 -GRIEVANCE PROCEDURE a) Parties to this agreement believe that it is important to adjust complaints and grievances as quickly as possible. b) At any step in the complaint or grievance procedure, an employee may be accompanied and/or represented by his Steward or any other Union Official. c) Any matter involved in the application and/or interpretation of this Agreement or any complaint of an employee which is subject to this Agreement shall be handled as herein set forth. d) If any employee has a complaint or question which he wishes to discuss with the Employer, he shall take this to his Manager within two (2) days. No grievance exits until the Manager has opportunity to adjust the circumstances surrounding the complaint. e) STEP ONE -An employee having a grievance not settled as a complaint may within five (5) working days after the circumstances giving rise to the grievance having originated or occurred. present the grievance to his Manger in writing. The Manager will give a written response to the grievance within five (5) working days. f) STEP TWO - If the decision of the Administrator is not acceptable to the grievor, a meeting will be held with the administrator, or designate, within five (5) working days of receipt of the response. The Administrator will reply in writing five (5) working days after receiving the grievance. g) STEP THREE - If the decision of the Administrator is not acceptable to the grievor, a meeting will be held with the Administrator or designate, within five (5) working days and this meeting shall include the grievor and his Union Representative. The Administrator will issue a decision in writing within five (5) working days of the grievance meeting. h) If the final settlement is not reached then the grievance may be referred to arbitration. i) If no written request for arbitration is received by the Employer within ten (10) working days after the decision of the Administrator, the grievance shall be deemed to have been abandoned. j) The time limits provided under the Grievance Procedure may be extended by written mutual agreement of the parties. k) Any grievance will be considered withdrawn by the Union and the grievor if not processed within the stated time frames. l) Any grievance shall proceed to the next step of the grievance procedure should the Employer fail to respond within the stated time frames. m) For the purpose of clarity it is understood that Saturday, Sunday and Statutory Holidays will not be included as work days for the purpose of the grievance procedure. 9

10 n) A claim by an employee, who has completed his probationary period, that he has been unjustly discharged from his employment, shall be treated as a grievance at Step Two if a written statement of such grievance is lodged with the Administrator within five (5) days after the employee ceased to work for the Employer. o) Disciplinary records shall be removed from an employee s personnel file after twelve (12) months from date of incident. ARTICLE 13- ARBITRATION a) When either party requests that nay difference be submitted to arbitration, it shall notify the other party in writing and at the same time nominate an arbitrator. Within five (5) working days thereafter the other party shall nominate an arbitrator. The two arbitrators so nominated shall attempt to select by agreement a Chairman of the Arbitration Board. b) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. c) No matter may be submitted to arbitration which has not been properly carried through the applicable steps of the Grievance Procedure. d) The Arbitration Board shall not be authorized to make a decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. e) The proceedings of the Arbitration Board will be expedited by the parties thereto, and the decision of the majority of such Board will be final and blinding upon the parties thereto and the employees concerned. f) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expense of the Chairman of the Arbitration Board. g) The parties may also agree to have any difference resolved by a sole arbitrator. They shall have ten (10) working days from the notification of intent to proceed to arbitration to agree to the person to be selected as sole arbitrator. ARTICLE 14 -SICK LEAVE (Full -Time Employees) a) In order to qualify for Sick Leave an employee must notify St. Joseph's Lifecare Centre at least one hour prior to the beginning of the employee's scheduled shift. b) Seniority, vacation entitlement and job security shall continue for disabled employees qualifying for Short Term and Long Term Benefits, subject to the following restrictions: Vacation Entitlement would continue when the employee qualifies and is receiving Short Term Benefits only; and A position will be held available for an employee for a period of up to thirty (30) months from the initial date of disability which necessitates continuous absence from employment. JO

11 ARTICLE 14 -SICK LEAVE (Full -Time Employees) CONT'D c) The Plan is a non-accumulative, non-gratuity sick leave benefit, with a calendar year allotment of nine (9) days per year per employee credited to each employee on January 1 11 of each year. At the end of each calendar year, a maximum of one (1) unused day may be added to the next year's entitlement of nine (9) days per year. The total entitlement per calendar year shall not exceed ten (10) days. New employees beginning employment on/after February 1 st will receive a pro-rated allotment of credits for that year. d) The plan would provide an employee with seventy-five percent (75%) of weekly earnings for up to seventeen (17) weeks per period of disability, benefits, would commence on the earlier of the: First day of disability due to an accident, First day of hospitalization, Fourth working day of disability due to illness Benefits for those days of disability prior to the coverage commencing under the A.S.0. Plan would be payable under the aforementioned sick leave benefit. e) Exclusions Re: The Above Short Term Disability Plan The Short Term Disability Plan would not cover disabilities of claims resulting from: Any period of disability during a specified period of maternity leave of absence. The maternity leave of absence of which benefits are not payable would be: Any period of formal maternity leave taken by an employee pursuant to mutual agreement between the employee and St. Joseph's Lifecare Centre, or Any period for which any employee is eligible, or would have been eligible upon proper application, to collect unemployment maternity benefits. Any period of disability that commenced while an employee was not insured under the Plan Intentionally self-inflicted injuries War, or service in the Armed Forces Work related accident or sicknesses that are covered by Worker's Safety Insurance Board. f) Long Term Disability Benefit In conjunction with the Short Term Disability Benefit, St. Joseph's Lifecare Centre provides a 24-hour Long Term Disability Benefit for all employees currently on the Short Term Sick Leave Plan. One hundred percent (100%) of the required premium would be paid by St. Joseph's Lifecare Centre. A benefit level of sixty-six and two-thirds (66 2/3%) of monthly earnings to a non-medical monthly maximum $3, would be payable to the earlier of retirement or age sixty-five (65). Benefits would commence after a waiting period of seventeen (17) weeks. (When Short Term Disability Benefits Terminate.) The employer will provide each employee with a copy of the current information booklet for those benefits provided under this article. The Union shall receive a copy of the Master Contract. g) Continuation of Other Benefits While Disabled i. The employer shall keep in force and pay the Employer's share of the premium for Semi-Private Hospital, Extended Health and Dental Care Benefits for the first two years of Long Term Disability payments. 11

12 ii. The benefits recited in g (i) shall remain in effect when an employee is a recipient of Short Term Benefits pursuant to the plan. ARTICLE 15-INSURANCE, HEALTH, HOSPITAL, LIFE, DENTAL Any new employee will have benefits begin three (3) months following the date of employment. a) The Employer agrees to pay one-hundred percent (100%) of the Group Insurance Plan in the amount of two times the annual regular salary for each employee. b) The Employer agrees to contribute one-hundred percent (100%) of the billed premium for an Extended Health Plan, subject to a 10/20 deductible with the following exceptions: Pharmacy Dispensing Cap Fee of $10.00, Annual Physiotherapy coverage to a maximum of $ per family per year.no marriage/therapy coverage. c) The Employer agrees to contribute one-hundred percent (100%) of the billed premium to provide a basic Dental Care Plan to include denture repair and denture relining. Surgical/restorative dental services to a maximum of $ per family per year. Recall dental schedule every nine (9) months per person. The current ODA schedule rates will apply. d) Vision Care -One hundred percent (100%) employer paid; two hundred ($250.00) dollars each, every two (2) years per employee and family members covered. e) Upon recommendation of the Medical Officer of Health, all employees shall be required on an annual basis to be vaccinated and/or take an antiviral medication for influenza. If the cost of such medication is not covered by some other means, the Employer will pay for the cost of the medication. If the employee refuses to take the required medication, he/she may be placed on an unpaid leave of absence during any influenza outbreak at St. Joseph s Lifecare Centre until such time as the employee has been cleared by the Medical Officer of Health, or the employer to return to the work environment. The only exception to this would be employees for whom taking the medication will result in the employee being physically ill to the extent that the employee cannot attend work. Upon written direction from the employee's physician of such medical condition not allowing him/her to be vaccinated and/or take an antiviral medication for influenza, the employee will be placed on a paid leave of absence from St. Joseph's Lifecare Centre until such time as the Medical Officer has declared the outbreak over. ARTICLE 16 -PENSION All Full-time employees, upon completion of the time specified in the Plan must join the Pension Plan in force for St. Joseph's Lifecare Centre, (HOOPP). Payment will be made jointly by the Employer and employees on an equal basis. Employees retiring early, and who qualifies at the age of 55 years for retirement under HOOPP (Hospitals of Ontario Pension Plan), may remain in the benefit package until age 65 with the employer paying one-hundred percent (100%) of the premium. 12

13 ARTICLE 17-BEREAVEMENT a) The employer shall grant the employee a leave of absence up to five (5) consecutive working days without loss of pay for the purpose of mourning the death of the employee's current spouse/significant other, child or step-child. b) The employer shall grant a leave of absence up to three (3) consecutive working days without loss of pay for the date of death up to and including the date of the funeral for parents, stepparents, brother, sister, step-brother, step-sister, grandparent, grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, of record at the time of death. Significant other is a person living in the same household, who has been identified as a significant other at the time the living arrangement occurs, and prior to the death. Should the funeral be held at a date later than the three consecutive working days, the employee will be granted, without loss of pay, an additional day off to attend the funeral. c) The employer shall grant a one day leave of absence without a loss of pay to attend the Funeral of employee's aunt, uncle, niece, nephew and aunt, uncle of current spouse and Grandparent of current spouse. d) Unpaid travel time may be granted at the discretion of the employer upon request of the employee. ARTICLE 18-UNIFORMS a) Laundering of employee's work clothes to be done by Employer. b) Safety Shoes -Reimbursement up to one hundred and fifty dollars ($150.00) each year for purchase of approved Safety Shoes or Boots will be paid out in the first pay in January of each year. c) The employer shall supply to each employee four (4) pairs of pants and four (4) shirts per year, on an as needed basis. d) One (1) pair of coveralls to be supplied by the employer to each employee. ARTICLE 19 -JURY DUTY a) If an employee is required to serve as a juror in any court of law, or is required to attend as 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 from the employee's duties at St. Joseph's Lifecare Centre, the employee shall not lose regular pay because of such attendance provided the employee: i. Notifies St. Joseph's Lifecare Centre within a reasonable time that he will be required to attend at court; ii. Presents proof of notice requiring the employee's attendance; iii. Deposits with St. Joseph's Lifecare Centre the full amount of compensation received including mileage, travel and meal allowances and an official receipt thereof. 13

14 ARTICLE 19-JURY DUTY CONT'D b) In addition to the foregoing, where an employee is required by subpoena to attend a Court of law or Coroner's inquest in connection with a case arising from the employee s duties at St. Joseph's Lifecare Centre on his regularly scheduled day off. St. Joseph's Lifecare Centre will attempt to reschedule the employee's regular day off, it being understood that any rescheduling shall not result in the payment of any premium pay. Where St. Joseph's Lifecare Centre is unable to reschedule the employee and as a result, he is required to attend on a regular day off, he shall be paid for the hours actually spent at such hearing at the rate of time and one-half his straight time hourly rate subject to (i), (ii), and (iii) above. ARTICLE 20 -CALL IN PAY An employee called in to work in an emergency shall receive a minimum of four (4) hours pay at time and one-half the normal straight time rate. Any additional calls that occur during the minimum guarantee period will be covered by the minimum guarantee. This article shall not apply in the case of an employee called-in within the two (2) hours prior to the commencement of their regular shift, in which case overtime shall apply. ARTICLE 21-TECHNOLOGICAL CHANGE In the case of major changes in organization or system due to automation, mechanization or revised general operating procedures which affect employees under the jurisdiction of the Union, St. Joseph's Lifecare Centre agrees to advise the local Union Representative as soon as planned changes are finalized, and in any case not less than sixty (60) days before the introduction thereof. Before recruiting additional personnel on the labour market, St. Joseph's Lifecare Centre agrees to consider present employees for any new employment created by these changes. The Employer agrees to provide proper instructions on all major equipment as well as training and familiarization over a period of at least seven (7) working days to current employees. ARTICLE 22 -BARGAINING UNIT WORK Persons outside the bargaining unit shall only perform work of persons within bargaining unit when persons within bargaining unit are not available or those available have refused the opportunity to work overtime. ARTICLE 23 -CONTRACTING OUT No bargaining unit employee shall be laid off or suffer a reduction to their regular hours of work while the Employer simultaneously contracts out work which they are qualified to perform. ARTICLE 24- DURATION AND TERMINATION This agreement shall be effective from January 1, 2015 and including December 31, 2016, and shall continue thereafter from year-to-year unless either party gives to the other notice of termination or desire to negotiate a new Agreement During the discussion or negotiations upon any proposed renewal or revision of this Agreement, the Agreement in the form in which it is at the commencement of negotiations shall remain in full force and effect until a satisfactory settlement of such negotiations has been reached. Such notice shall be given within ninety (90) days to the termination date of this contract. 14

15 ARTICLE 25 -CONTRACT Each employee shall be supplied by the employer with a copy of the contract within 60 days of ratification. Each employee shall be supplied by the employer with a copy of the benefit booklet once printed by the employer's supplier. IN WITNESS WHEREOF the parties hereto have caused this Memorandum of Settlement to be executed this 8 th day of March, 2016 in the City of Brantford, ON DATED: day of 2016 FOR: ST. JOSEPH'S LIFECARE CENTRE: THE INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 772: l S

16 LETTER OF UNDERSTANDING Between ST. JOSEPH'S LIFECARE CENTRE And INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 772 NIGHT SHIFT In the event that the Employer wishes to introduce a night shift, it shall provide the Union with thirty (30) days written notice of its intent prior to any such introduction. The Employer shall meet with the Union to discuss its concerns and consider any Union submissions as to the manner in wh ich scheduling might occur and financial issues associated with the introduction of such night shift. For greater certainty, the Employer shall not decrease the compensation to the bargaining unit through the reduction of on-call premium as a result of the introduction of a night shift (whether on a trial or permanent basis). DATED THIS DAY OF,2016. ST. JOSEPH'S LIFECARE CENTRE: THE INTERNATIONAL UNION OF OPERATING ENGINEERS- LOCAL 772: 16

17 I.U.O.E. Part-Time Addendum Collective Agreement All items and conditions as set forth in the Collective Agreement for part-time employees will be covered in an addendum to become part of the full-time agreement and any other conditions not listed below shall apply to part-time employees. ARTICLE 1- RECOGNITION 1.01 The Employer recognizes the Union as the sole and exclusive Bargaining Agent for all employees regularly employed for not more than twenty-four (24)hours per week. ARTICLE 2 -WAGES 2.01 The wage rate to be paid employees shall be as follows: Facility Maintenance Technician- (Facilities System Technician, Licensed Trade Certification, Industrial Electrician, Gas Tech. II, Plumber, HVAC}. January l, $23.80 January 1, $24.76 January l, $25.75 January l, $26.10 January 1, $26.75 January 1, $27.42 Facilities Maintenance Mechanic Level 1- (Licensed Trade Certification, Gas Tech. III, Electrician Apprentice, Carpenter, BES II January 1, $21.69 January l, $22.69 January 1, 2011-$22.91 January 1, $23.26 January 1, $23.84 January l, $24.44 Facilities Maintenance Mechanic- Level II January 1, $19.27 January l, $19.79 January l, 2011-$20.38 January 1, $20.73 January 1, $21.25 January 1, $21.78 ARTICLE 3 - IN LIEU OF BENEFITS 3.01 Part-time employees shall receive fourteen percent (14%) in lieu of benefits for all straight time hours paid. Where a part-time employee elects to participate in H.O.O.P.P. (Hospitals of Ontario Pension Plan) then the percentage in lieu of benefits shall be reduced to seven percent (7%). 17

18 ARTICLE 4 -HOURS OF WORK 4.1 The Employer does not guarantee to provide employment of work for normal hours or for any other hours 4.2 Seven and one-half (7.5) hours at the working place shall constitute a shift's work. No more than twenty-four (24) hours per week will be scheduled on a regular basis. 4.3 Overtime at one and one-half times the employee's standard rate of pay shall be paid for all hours worked in excess of regular scheduled hours per day, provided that full time employees are not available to work the overtime or have refused the opportunity in writing to work the overtime. ARTICLE 5-STATUTORY HOLIDAYS 5.01 (a) The following days will be recognized as Statutory Holidays: New Years Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day Any employee required to work on any of the above mentioned holidays will be paid at the rate of time and one-half for all hours worked The entitlement to statutory holiday pay on any aforementioned recognized paid holidays shall be subject to the qualifying conditions: the employee must work regularly scheduled day before and after the holiday: and the employee must work on the public holiday if he previously agreed to do so ARTICLE 6-VACATIONS 6.01 Employee shall be entitled to vacation pay in accordance with the following schedule and will be paid bi-weekly based on seniority (hours worked). a. Employees with less than 1950 hours shall be entitled to 4% of their earnings. b. Employees with 5350 hours or more shall be entitled to 6% of their earnings. c. Employees with 7800 hours or more shall be entitled to 8% of their earnings. d. Employees with 9750 hours or more shall be entitled to 10% of their earnings. e. Employees with 11,700 hours or more shall be entitled to 12% of their earnings. f. Employees with 13,650 hours or more shall be entitled to 14% of their earnings. ARTICLE 7 -SENIORITY 7.01 Employees shall be probationary employees until they have been continuously employed by the Employer for three hundred and forty-seven (347) hours worked 18

19 shifts. Ifat the option of the Employer an employee is retained for the aforementioned period, the employee shall be placed on the Seniority List, and seniority shall be based on the date he last commenced work for the Employer in the bargaining unit. The dismissal of a probationary employee will not be the subject of a grievance. ARTICLE 8-UNIFORMS 8.01 (a) Part-time employees who have worked eight hundred (800) hours in the preceding year will receive sixty ($60.00) dollars a year for a uniform allowance payable the first pay period in January (b) Safety Shoes -Reimbursement of a seventy-five ($75.00) dollars each year for the purchase of approved Safety Shoes or Boots will be paid out inthe first pay in January of each year. 19