EFFECTIVE APRIL 1, MARCH 31, 2018

Transcription

1 FILE NO. 533 COLLECTIVE AGREEMENT BETWEEN CHESHIRE HOMES (HASTINGS-PRINCE EDWARD) INC. - and - SERVICE EMPLOYEES UNION, LOCAL 1 CANADA EFFECTIVE APRIL 1, MARCH 31, 2018 FULL AND PART TIME WORKERS

2 IND EX ARTICLE PAGE NO. ARTICLE 1 - SCOPE AND RECOGNITION:... 1 ARTICLE 2 - UNION MEMBERSHIP: ARTICLE 3 - INTERPRETATION: ARTICLE 4 - NO STRIKES OR LOCK-OUTS:... 2 ARTICLE 5 - BULLETIN BOARDS:... 3 ARTICLE 6 - MANAGEMENT'S RIGHTS: ARTICLE 7 - STEWARDS:... 4 ARTICLE 8 - QUESTIONS, COMPLAINTS AND GRIEVANCES:... 4 ARTICLE 9 - DISCIPLINE CASES: ARTICLE 10- MEDIATION/ARBITRATION:... 6 ARTICLE 11 - SENIORITY:... 7 ARTICLE 12 - JOB POSTING: ARTICLE 13 - WAGES: ARTICLE 14 - PAY DAYS: ARTICLE 15 - CONTRACT PRINTING: ARTICLE 16 - HOURS OF WORK: ARTICLE 17 - STATUTORY HOLIDAYS: ARTICLE 18 - VACATIONS: ARTICLE 19 - LEAVES OF ABSENCE: ARTICLE 20 - HEALTH AND WELFARE: ARTICLE 21 - RENEWAL, AMENDMENT AND TERMINATION: SCHEDULE "A" - WAGES AND JOB CLASSIFICATIONS IN HOURLY RATES LETTER OF UNDERSTANDING PARTICIPATION AGREEMENT

3 COLLECTIVE AGREEMENT BETWEEN CHESHIRE HOMES (HASTINGS-PRINCE EDWARD) INC. (hereinafter called the "Employer") PARTY OF THE FIRST PART - and - SERVICE EMPLOYEES UNION, LOCAL 1 CANADA (hereinafter called the "Union") PARTY OF THE SECOND PART

4 ARTICLE 1 - SCOPE AND RECOGNITION: 1.01 The Employer recognizes the Union as the exclusive bargaining agent for all its employees at Belleville save and except Co-ordinators, persons above the rank of Co-ordinator, and students employed during the school vacation period The parties agree that there will be no discrimination, interference, restraint or coercion exercised or practised upon any employee because of membership or non-membership in the Union The Union agrees that there will be no Union activities on the premises of the Employer without consent of the Employer. ARTICLE 2 - UNION MEMBERSHIP: 2.01 The parties agree that all employees in the bargaining unit shall be required to pay Union dues as set down by the Local Union. All new employees shall pay Union dues as set down by the Local Union after completion of thirty (30) calendar days of employment. All employees who are in the employ of the Employer at the signing date of this agreement and all new employees who enter the employ of the Employer after the agreement has been signed, shall as a condition of employment, be subject to a onetime union dues administrative assessment for newly hired employees and regular monthly dues to be deducted from their wages and remitted to the Union. It is understood that dues shall be deducted from all employees beginning in their first month of hire The Union dues shall be deducted from the first pay during each calendar month and the Employer shall remit the total sum deducted with the names and amounts deducted to the Secretary Treasurer of the Local Union before the 25th day of the same month The Employer agrees to furnish the Union, each month, with an up-to-date list of names, addresses, telephone numbers and social insurance numbers of all employees hired in the classifications under this Agreement in January of each year, and thereafter the Employer shall notify the Union of any changes to the list. The Employer agrees to forward a list of dues deductions in an electronic format designed by the Union showing the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made When a new employee is hired, the Chief Steward shall be notified and a fifteen (15) minute appointment shall be mutually arranged to introduce the Union to the employee and a copy of the Collective Agreement shall be given to the new employee.

5 2.05 The Union shall hold the Employer harmless with respect to all dues so deducted and remitted and with respect to any liability, which the Employer might incur as a result of such deduction and remittance The Employer will add Union dues deductions to the employee's T4 slip at the end of the year for the purpose of tax deduction. ARTICLE 3 - INTERPRETATION: 3.01 The term "employee" and/or "employees" as and wherever used in this Agreement shall be interpreted as he and/or she Supervisors and Union Representatives In order to facilitate the operations of this Agreement, the Employer shall supply to the Union a list of employees acting in a supervisory capacity. The Union will supply the Employer with a list of its Representatives and Stewards. Both parties agree that these lists will be promptly revised from time to time whenever changes become necessary Supervisors, foremen, volunteers and persons excluded from the bargaining unit will not take the place of any existing employee, except in the case of an emergency, such to cause an existing employee to suffer a loss of hours of work or pay. Furthermore, no existing employee shall suffer layoff as a result of the contracting out of work by the Employer regularly done by existing employees, but it is understood that this will not apply to the engaging of outside firms to carry out the maintenance of the Home, nor to the utilization by clients of external agencies to provide attendant care Full-time employees shall be defined for the purposes of this Agreement as those employees who are regularly scheduled to work twenty-four (24) hours or more per week Part-time employees shall be defined for the purposes of this Agreement as employees who are regularly scheduled to work less than twenty-four (24) hours per week. ARTICLE 4 - NO STRIKES OR LOCK-OUTS: 4.01 The Union agrees that there shall be no strikes during the term of this Agreement and the Employer agrees that there shall be no lock-out during the term of this Agreement. 2

6 ARTICLE 5 - BULLETIN BOARDS: 5.01 The Employer will provide a bulletin board forthe convenience of the Union in posting notices of Union meetings, elections or activities. All such notices shall receive the prior approval of the Executive Director before being posted. ARTICLE 6 - MANAGEMENT'S RIGHTS: 6.01 The Union acknowledges that it is the exclusive function of the Employer to manage, and without restricting the generality of the foregoing: a) to direct the operations of the Employer in the best interests of the clients, the community and the employees both within and outside the bargaining unit; b) to formulate rules, regulations, policies and procedures which are not inconsistent with the provisions of this Agreement. Such rules and regulations shall be made available to all employees of the Organization and shall be accessible to work areas to be specified by the Employer. Any amendments to such rules or regulations shall be posted for the information of all employees. The Employer agrees to provide the Union with a copy of new rules and regulations prior to posting ; c) to introduce new practices and/or methods to expand, reduce, eliminate, change or modify present methods and practices and to enter into contracts for buildings, repairs, equipment, supplies and materials; d) to determine where, by whom, in what manner, at what time, under what conditions employees in the bargaining unit shall perform their duties; e) to determine in the interests of efficient operation and highest standard of service, job rating and classification, the hours of work assignments and methods of doing work, the number of personnel required, provided always that reasonable notice shall be given to the employee or employees involved of any change to be made; f) to maintain order and discipline, to hire, assign, retire, classify, promote, transfer, demote, suspend or discharge or otherwise discipline employees, provided that a claim by an employee, who has completed the probationary period, that the employee has been discharged or disciplined without just cause may be the subject of a grievance as hereinafter provided; g) to instruct and direct employees in their duties, responsibilities, conduct and attitudes towards clients, visitors, Supervisors and other employees both within and outside the bargaining unit; 3

7 h) to control the use of buildings, equipment, utensils, machinery, tools, materials, instruments, drugs, medicines, clothing, uniforms and all other articles or things belonging to the Employer. ARTICLE 7 - STEWARDS: 7.01 The Employer acknowledges the right of the Union to appoint or to otherwise select two (2) stewards to assist in presenting grievances to the Employer in accordance with the grievance procedure of this Agreement It is mutually agreed that an employee shall not be eligible to serve as a Steward until the employee has completed the probationary period and has been placed on the seniority list. The Union acknowledges that the Steward has regular duties to perform on behalf of the Employer and that such employee will not leave the employee's regular duties without obtaining the permission of the employee's immediate Supervisor (which permission shall not be unreasonably withheld) and, when resuming regular duties, the employee will report to the employee's immediate Supervisor so that the length of absence from regular duties will be under reasonable control Provided that the Steward complies with the reporting requirements of paragraph 7.02 above, such employee will not incur loss of regular pay for time lost Steward's Identification Badges The Union Steward shall be allowed to wear the identification badge supplied by the Union The Employer acknowledges the right of the Union to appoint or otherwise select a Negotiation Committee of not more than two (2) employees and will recognize and deal with the said Committee with respect to the negotiations for the renewal of this Agreement. An Officer of the Union will participate in such negotiations. The said Committee will co-operate with the Employer in the administration of this Agreement Employees on the Negotiating Committee shall be paid as scheduled shifts during negotiations for the renewal of this Agreement up to but not including conciliation and proceedings thereafter. ARTICLE 8 - QUESTIONS, COMPLAINTS AND GRIEVANCES: 8.01 It is the mutual desire of the parties that questions, complaints and grievances will be adjusted as quickly as possible. A grievance under this Agreement shall be defined as a difference of opinion between the Employer and the Union or an employee as to the interpretation, application, administration or alleged violation of this Agreement. 4

8 8.02 Step 1 - An employee having any question or complaint shall refer it to his/her Supervisor within five (5) days of the actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee giving the answer to the complaint or question within five (5) days from date of submission or any longer period which may be mutually agreed upon at the time Step 2 - If the Supervisor's reply is not satisfactory, the question or complaint shall then become a grievance. The employee submitting the grievance should endeavour to seek the assistance of the employee's Union Steward in the preparation of the written grievance. The Steward in submitting the written grievance to the Supervisor, may, if the employee so desires, accompany the employee but the grievance must be submitted within five (5) days from the date of the Supervisor's reply to the complaint. The nature of the grievance, the remedy sought and where applicable, the section or sections of the Agreement, which are alleged, to have been violated shall be set out in the grievance The Supervisor will state the reply, in writing, within five (5) working days of receipt of the written grievance and return a copy of it to the employee Step 3 - If further action is to be taken, the grievance shall be submitted to the Executive Director within five (5) days of receipt of the Supervisor's reply and the Executive Director shall have seven (7) days to study the matter and make its reply. If either party so requests, a meeting with the Executive Director, the Steward, the employee involved and the Union Representative shall be held to discuss the grievance If the reply of the Executive Director is not satisfactory to the employee, the matter may then be submitted to arbitration in accordance with Article 11 - Arbitration in this Agreement Suspension/Discharge -A claim by an employee that the employee has been unjustly suspended or discharged, shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the employee's Supervisor within five (5) days after the employee has been suspended or ceases to work for the Employer. When an employee has been dismissed without notice, the Steward shall be notified and the Steward shall have the right to interview the employee for a reasonable period of time before the employee must leave the premises Notwithstanding s.48(16) of the Ontario Labour Relations Act, 1995, as may be amended from time to time, any complaint, grievance as outlined in Article 8, which is not made known within the time specified in this Agreement or which is not processed through to the next step of the grievance procedure or carried through to arbitration in the time specified in this Agreement, shall be deemed to be withdrawn. However, the 5

9 time limits fixed in both the Grievance and Arbitration Procedure may be extended by mutual written agreement of both parties to this Agreement. NOTE: 8.09 For the purposes of the Grievance and Arbitration Procedures "days" shall be interrupted as normal days of work of the employees concerned, exclusive of Saturdays, Sundays and holidays recognized in the Agreement. Policy Grievance - A complaint or grievance arising directly between the parties concerning the interpretation, application or alleged violation of this Agreement, shall be referred to the appropriate Representative of either party within five (5) days of the occurrence of the event, and the party receiving the grievance shall have seven (7) days to reply. Failing settlement, the matter may be referred to arbitration within ten (10) days of the reply. However, it is expressly understood that the provisions of this paragraph may not be used by the Union to a complaint or grievance directly affecting an employee whom such employee could institute and the regular grievance procedure shall not be thereby by-passed. ARTICLE 9 - DISCIPLINE CASES: 9.01 A written warning is to be used on an employee's fi le, the employee wi ll be given two (2) copies of that warning, with instructions that one (1) copy shall be given to the Union A written warning to an employee will be removed from the employee's fi le if no other disciplinary action is taken against the employee for a period of eighteen (18) months from the date of the written warning Access to Personnel Files Each employee may examine any evaluation or formal disciplinary notations contained in the employee's personnel file in the presence of the Employer at a time mutually agreed to by the Employer and the employee As a condition of employment, all employees must enter into a confidentiality agreement. Violation of the confidentiality agreement by an employee may constitute just cause for discipline. ARTICLE 10 - MEDIATION/ARBITRATION: After the grievance procedure as set out in Article 8 has been exhausted, and before an Arbitrator is contacted under this Article, either party may seek the services of a Grievance Mediation Officer to assist in resolving the parties differences. It is agreed that the services of a Grievance Mediation Officer will only be retained on the written consent of both parties. In the event a Grievance Mediation Officer is appointed, a referral to arbitration shall be delayed until after the Grievance Mediation Officer has 6

10 conducted a meeting of the parties. The parties shall jointly share the expense of the Grievance Mediation Officer Failing settlement under the grievance procedure of any grievances between the parties arising from a dispute concerning the interpretation, application, administration or violation of this Agreement, including any question as to whether a matter is arbitrable, either party may, within seven (7) calendar days following the reply in the final step of the grievance procedure, submit such grievance to arbitration and the matter shall be dealt with by a sole Arbitrator. The party submitting the grievances to arbitration shall advise as to three (3) alternate choices as to a sole Arbitrator. The recipient of the notice shall reply as to its three (3) alternate choices to a sole Arbitrator. If the parties cannot agree as to a sole Arbitrator within twenty (20) calendar days of the notice referring the matter to arbitration, application may be made to the Office of Arbitration, Ministry of Labour, which shall appoint a sole Arbitrator The decision of a sole Arbitrator under shall be final and binding Each of the parties shall be responsible for the fees and expenses of its own witnesses. The parties to this Agreement as the case may be, shall share the fees and expenses of the Arbitrator, equally The sole Arbitrator shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement. ARTICLE 11 - SENIORITY: a) An employee will be on probation until they have completed three hundred and fifty (350) hours of employment or four (4) months, whichever comes first. Upon completion of such probationary period, the employee's name shall be placed on the respective seniority list and credited with four (4) continuous months seniority. A revised seniority list shall be posted on the bulletin board. The Employer shall provide the Union electronic copies of the Seniority List sorted by full-time, part-time, classification and seniority within the classification. The list shall be provided on a tri-annual basis, in January, May and September of each year. b) Seniority shall be defined as continuous service of an employee with the Employer since last date of hire. c) The termination of a probationary employee shall be at the discretion of the Employer. 7

11 11.02 An employee shall lose all seniority and be deemed terminated if the employee: a) resigns or retires; b) is discharged for just cause and is not reinstated through the grievance procedure; c) is laid off in excess of eighteen (18) months; d) is absent from work without permission for three (3) consecutive working days unless an explanation satisfactory to the Employer is given by the employee; e) fails to return to work upon termination of an authorized leave of absence for purposes other than those for which the leave of absence may be granted; f) fails to return to work within seven (7) calendar days after being recalled from lay-off by notice sent by registered mail, unless excused by the Employer; g) is absent due to an illness or disability or because of a WSIB injury for more than twenty-four (24) months, (this clause shall be interpreted consistent with the Ontario Human Rights Code) a) Employees will be laid off in inverse order of seniority, subject to the Employer's right to retain sufficient employees who have greater skill and ability to do the available work. b) Laid off employees will be recalled in order of their seniority provided they have the skill and ability to do the available work. c) At the time that employees receive notice of lay-off, the Employer shall forward notice of lay-off to the Union office Temporary employees shall not acquire seniority nor shall they be covered by any of the terms or conditions of this Agreement a) Employees of the Outreach program who have completed their probationary period shall acquire seniority rights within their classification for the purposes of scheduling hours of work, lay-off, job postings or job promotions and transfers as outlined in this Agreement subject to the employee's availability, the work location, ability and willingness to perform the work available and the specific needs and wants of the client(s). Notwithstanding any other provision of this Agreement, in the event that an Outreach employee's position is eliminated, such employee shall have the first opportunity to secure any job, which becomes available at the Supportive Housing John Street location in the six (6) months from the date that the Outreach employee last worked in the Outreach 8

12 program. Thereafter, such Outreach employee shall be entitled to apply for any job vacancy, which occurs at the Supportive Housing John Street location using their seniority only from the Outreach Program to secure the position, however such seniority shall not be carried forward into the Supportive Housing John Street location seniority for any purpose in the agreement. Due consideration will be given to their previous most recent work with the Employer. b) In the event that an Outreach employee transfers to Supportive Housing, John Street, such employee shall have a trial period of thirty (30) shifts as per Article c) An Outreach employee who transfers to Supportive Housing, John Street location, shall retain his/her rights arising from his/her total service with the Employer except as provided in this Article ARTICLE 12 - JOB POSTING: In the event the Employer intends to create a new job or fill a vacancy in an existing job in the bargaining unit, the Employer will post all new jobs or vacancies for a period of five (5) days and shall stipulate the qualifications, classification, rate of pay concerned before new employees are hired in order to allow employees with seniority to apply. Copies of all job postings will be sent to the Union office and given to the Chief Steward. The Employer undertakes to notify the Union if it does not intend to fill a vacancy. Failure to comply with the above notices to the Union does not invalidate the posting or obligate the Employer to post a job, which it does not intend to fill. All job postings shall be ed to all employees who have supplied their addresses to the employer. In filling any posted vacancy under this Article, the Employer will consider the qualifications, experience, skill and ability of the individual to perform the required work and where these are relatively equal, seniority shall be the determining factor. If there are no successful applicants, the Employer reserves the right to hire. When a position is filled by means of a job posting procedure, the name of the successful applicant will be posted and given to the Union office. Temporary vacancies of less than 30-8 hour shifts shall not be required to be posted in accordance with the provisions of this Article. A temporary vacancy is one in which an employee who regularly holds the position is expected to return to work. Should the successful applicant for the vacancy be unsatisfactory or should the successful applicant not find the vacancy suitable, he shall, within thirty (30) shifts of being assigned to the posted job, be returned to his/her former position and the vacancy may be filled without further job posting. Unsuccessful applicants to the original posting will be given further consideration prior to filling the job. 9

13 ARTICLE 13 - WAGES: During the lifetime of this Agreement, the Employer agrees to pay and the Union agrees to accept the scale of wages as set out in Schedule "A" Employees shall be paid a lump sum of eleven ($11.00) dollars per day plus the appropriate km's reimbursement for travelling from their first client to their last client of the day. ARTICLE 14 - PAY DAYS: All employees will be paid by direct deposit every second Friday. In the event Friday is a holiday, the deposit will be made on the last previous working day before the Friday. The Employer shall supply all Employees with a T2200 filled out at the time of the issuance of the T4s. It shall include cell phone and vehicle required. ARTICLE 15 - CONTRACT PRINTING: The Employer and the Union will share equally in any cost of the printing of the Collective Agreement. ARTICLE 16 - HOURS OF WORK: The Employer does not guarantee work for the following hours or any other hours The regular hours of work for employees shall be eighty-eight (88) hours (inclusive of meal times) in a bi-weekly pay period a) Seniority shall govern scheduling of hours of work for all employees, subject to 11.05(a). b) The Employer shall endeavour to post full time schedules four (4) weeks in advance The Employer shall endeavour to schedule hours of work so that full time employees will be required to work no more than two (2) consecutive weekends without having the third weekend off. a) The Employer shall pay Employees in outreach the allotted time required to completed quizzes on matters essential to the workplace and required of all employees. A reasonable allotted time for such quiz(s) shall be determined in the discretion of the Employer, within minimum 15 minutes increments. 10

14 16.05 Overtime b) In outreach if a visit is canceled within an employee's shift and is communicated to the employee with at least three hours notice, the Employee will not be paid for the cancelled booking. a) Approved overtime shall be paid for all hours worked over eighty-eight (88) in a bi-weekly pay period at the rate of time and one-half (1 %) the employee's regular rate of pay. In no event shall an employee be scheduled for more than six (6) consecutive days in any one (1) week. b) Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked, but may take time off equivalent to overtime by mutual agreement. c) A full-time employee who is regularly scheduled to work seventy-two (72) hours or more in a two (2) week pay period shall receive time and one-half (1 % ) the employee's regular rate for all hours of work performed on an employee's scheduled day off. d) The Employer may allow an exchange of shifts at the request of two (2) employees provided that its approval is obtained in advance and that no additional cost to the Employer results from such exchange of shifts. The Employer shall not ask for a reason relating to the Employee's request. e) Notwithstanding Article (a) or (c), employees who are required by the Employer to stay past their regular scheduled hours shall be paid for such extra hours worked at the rate of time and one-half (1 1/z) their regular rate Minimum Reporting Allowance If an employee reports for work at the regularly scheduled time for their shift and no work is available, such employee will be entitled to a minimum of four (4) hours pay at the employee's regular rate Employees who are required to attend staff meetings shall be paid their regular wage rate or overtime rate as per Article 16.05, for all time in attendance at such meetings a) Call-In - Employees shall be called in to work on the basis of their seniority provided they have less than seventy-two (72) hours in a two (2) week pay period and until they reach the seventy-two (72) hour pay period. 11

15 b) In supportive housing, for shifts that become available with less than 24 hours notice the shift shall be given by seniority first to full-time and then to part-time and then to casual and to the first person that is contacted by management that is available to accept the shift provided that no overtime is payable. Such calls will be completed by the Employer. 16:09 Rest Periods Language: Supportive Housing: Employees will be allowed breaks within the shift without reduction in pay and without increasing the regular hours as follows: Shift Length -Up to and including 5.5 Hours Breaks 1-15 minute break - More than 5.5 Hours 2-15 minute breaks - 12 Hour Shifts 3-15 minute breaks In addition to the above, any shift over five (5) hours will also have a one-half (1/2) hour paid lunch within the shift. Twelve (12) hour shifts shall have 1 hour of paid lunch. ARTICLE 17 - STATUTORY HOLIDAYS: The following paid holidays will be granted to employees (subject to the qualifications therefore set out hereinafter): New Year's Day Good Friday Victoria Day Christmas Day Boxing Day Canada Day Civic Holiday Labour Day Thanksgiving Day plus seven (7) float holidays to be taken at a time mutually agreed between the Employer and the employee. It is acknowledged that one (1) of the float days is in lieu of the designated Family Day The eligibility for paid holidays, and the payment for the paid holiday as it relates to part-time employees shall be in accordance with the Employment Standards Act. 12

16 If the Employer requires an employee to work on one of the paid holidays set out in Article 17.01, the employee shall receive time and one-half (1 1/2) their regularly hourly rate for hours actually worked by the employee in addition to receiving the employee's holiday pay In the event that a paid holiday fa lls on a day in which an employee is assigned to work, in addition to the premium pay as set out in Article 17.03, the employee will receive, at the employee's option: a) the employee's holiday pay; or b) a day off with pay at the employee's regular hourly rate at a time mutually agreed to by the Employer and the employee If any of the paid holidays provided in Article occur during an employee's vacation period, the employee will receive an additional day off which shall be added to the period of vacation of the employee unless otherwise agreed to by the Employer In the event that a paid holiday occurs on a day when employees are not scheduled to work, the employees will be given another day off with pay. This will normally be the preceding Friday or following Monday. ARTICLE 18 - VACATIONS: Effective January 1, 2016 for the purpose of calculating eligibility, the vacation year will be the period from January 1st to December 31st of the following year with the applicable changes to 18.03, and The periods at which employees shall take vacations will be based on the selection by the employee according to seniority. Selection of vacations wi ll be done by mutual consent and with due regard to the operation. Written vacation requests will be accepted from April 1st to May 1st and will be given in accordance with seniority. Any vacation request received after May 1st will be approved in accordance on a first come first serve basis and staff availability. After May 1st vacation requests shall be responded to within seven (7) days Employees who have less than one (1) year's service as of December 31 of any given year will receive vacation pay in the amount of four percent ( 4 % ) of their total earnings accrued up to and including December 31 of any given year. Full-time employees shall be granted the following vacation leave: a) more than one (1) year of service as of December 31 of any given year - two (2) weeks. 13

17 b) more than three (3) years' of service but less than seven (7) years of service as of December 31 in any given year - three (3) weeks. c) more than seven (7) years' of service as of December 31 in any given year - four (4) weeks. d) more than fifteen (15) years of service as of December 31 in any given year - five (5) weeks. e) vacation entitlement after sixteen (16) years of service increased by one (1) day per year to a maximum of five (5) days with vacation pay being twelve (12) percent after reaching an additional (5) days Full-time employees with nine (9) months or less active fu ll-time service in each vacation year shall be paid vacation pay as follows: a) employees covered by (a) - four (4) percent of gross earnings; b) employees covered by (b) - six (6) percent of gross earnings; c) employees covered by (c) - eight (8) percent of gross earnings. d) employees covered by (d) - ten (10) percent of gross earnings. e) employees covered by e) twelve (12%) percent of gross earnings. All part-time employees shall receive vacation pay based on the percentage of gross earnings set out above in this Article Full-time employees with nine (9) months or more of active full-time service in each vacation year shall be paid either the percentage of gross earnings referred to in Article or the employee's regular weekly pay, whichever is greater The differential, if any, for each full-time employee will be calculated as of December 31st each year and will be paid to the employees by no later than January 31st of each year. The existing vacation pay arrangements for employees shall continue until June 30, 1993, at which time the arrangements described in Articles 18.04, 18.05, and will come into effect. ARTICLE 19 - LEAVES OF ABSENCE: The Employer may grant a request for a leave of absence, without pay and without loss of seniority, for reasonable personal reasons providing the Employer receives notice, in writing. 14

18 19.02 Union Leave Leave of absence, without pay, to attend Union conventions and conferences may be granted to not more than one (1) employee at any one (1) time, to a maximum of seven (7) working days per year. Application for such leave of absence shall be made by the Union in writing at least two (2) weeks prior to the requested leave Full Time Union Leave Upon application by the Union, in writing, the Employer will grant leave of absence, without pay, to an employee elected or appointed to a full time Union position. It is understood that not more than one (1 ) employee in the bargaining unit may be on such leave at the same time and that such leave will be for a maximum of two (2) years. Seniority and service shall accumulate during the fu ll term of such leave Bereavement Leave a) In the event of a death of an employee's spouse, current same sex partner, current common law partner or child, mother, father, step-parents, brother and sister, employees shall be granted a leave of absence with pay for five (5) consecutive working days coinciding with the funeral. b) The Employer will grant a leave of absence, with pay, for up to three (3) days in the event of death of an employee's mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent or grandchild, niece, or nephew. Such leave shall be for the purpose of making arrangements for and attending the funeral. Pay shall be at the employee's regular rate and only the regular working time missed shall be paid for. c) The current same sex partner and current common law partner above shall refer to such relationships of at least one (1) year's duration. d) In the event of a spring internment, with notice in advance, an employee may defer one (1) of the above noted paid bereavement leave days forthe purpose of attending such internment. e) The Employer shall grant one (1 ) day for an aunt and an uncle Pregnancy/Parental Leave The Employer shall grant pregnancy and parental leave, without pay but with benefits, in accordance with the Employment Standards Act. 15

19 19.06 Adoption Leave Jury Duty The Employer shall grant adoption leave to an employee, without pay but with benefits, of up to fifty-two (52) weeks upon receipt of supportive documentation from the employee and provided the leave qualifies in all respects in accordance with the Employment Standards Act, An employee required to serve on a jury or subpoenaed as a Crown witness during a period when he would otherwise be scheduled to work for the Employer, shall be paid the wages he would have received during this period computed on the basis of his regular number of straight time hours and then current rate of pay. Such employee will notify the Employer of the requirement to attend the Court and shall furnish adequate proof of the amount of pay (exclusive of expense allowances) received, which shall be deducted from his next pay cheque. The Employer will not require the employee to work any other than his regularly scheduled hours while on jury duty, or Crown witness, but may require an employee excused from jury duty or Crown witness to complete the balance of his regular shift, where reasonable Education Leave a) The Employer may grant an education leave, without pay, to an employee for the purposes of education related to the Employer's work. The Employer shall endeavour where possible to arrange shifts of employees attending seminars or classes to permit such attendance. b) Employer to pay the full course costs and time taken for course the employer directs as mandatory. ARTICLE 20 - HEAL TH AND WELFARE: The Employer agrees to pay one hundred percent (100%) of the premiums necessary to enrol each employee, (who has completed their probationary period), in a Group Life and Accident Insurance Policy providing benefits equal to two (2) times an employee's annual salary. Short Term Disabilty Plan: The Employer shall pay (100%) one hundred percent of the premium for a Short Term Disability (STD) plan providing a benefit level of 75% of gross weekly earnings with a maximum weekly benefit of $ to be integrated with the E.I. sick benefits payments for a maximum benefit of thirty-four (34) weeks including the El period. The waiting benefit for the benefit shall be 3 days for illness and 0 16

20 days for accident I hospitalization and terminating at age 70. Any disputes with respect to the applicability of the STD Plan or qualification or entitlement to benefits shall be strictly determined in accordance with the policy of insurance and shall not be the subject of a grievance under this Collective Agreement. 20: The Employees agree to pay one hundred percent (100%) of the premiums necessary to enrol in a Long Term Disability Insurance programme providing benefits equal to sixty-six and two-thirds (66 2/3%) percent of monthly salary effective seventeen (17) weeks after commencement of illness or disability. a) The Employer agrees to pay one hundred (100%) percent of the premiums necessary to enrol each employee (who has completed their probationary period) in an Extended Health Care Benefit Plan (coverage to be listed as per present plan). b) The Employer agrees to pay one hundred (100%) percent of the premiums necessary to enrol each employee (who has completed their probationary period) in a vision care plan to cover eye glasses or contact lenses up to a maximum of two hundred and fifty ($250.00) dollars every twenty-four (24) months - family or single. Upon the presentation of a receipt acceptable to the Employer, routine eye examinations will be covered once every twenty-four (24) months to the previous O.H.l.P. maximum of $50.00 per visit a) The Employer's obligations under Article 20 are limited to the payment of the premiums necessary to enrol employees in the plans set out above. Eligibility for benefits is subject to the terms and conditions of the policies of insurance or plans providing the coverage. b) In the event an employee is deemed not eligible for benefits by the Insurance Company, such employee will be paid the premium cost of benefits in cash once per month :07 The Employer agrees to pay one hundred percent (100%) of the premium cost of a Dental Plan having the same benefits and features as Blue Cross #9, or its equivalent based on the current ODA fee schedule. a) Employees shall commence each year as of January 1st with eighty (80) hours of sick credits, to be used for sick leave payment. The sick leave credit shall be pro-rated. The Employer shall pay to each employee an amount equivalent to fifty percent (50%) of his or her unused sick credits, calculated as of December 31st of each year (such payment to be made no later than January 31st of the following year). All employees shall receive regular pay or pay for the hours that the employee would have worked for each day lost due to sickness or personal injury to a maximum of eighty (80) per year or as pro-rated. b) There shall be no accumulation from year to year of sick leave credits. 17

21 20.08 a) Chiropractic coverage to a maximum of five hundred dollars ($500.00) per year. b) A drug card with a one dollar ($1.00) per use charge will start as of September 1s 1, c) Massage therapy to a maximum of five hundred ($500.00) dollars per year In Lieu of Benefits Part-time employees shall receive five (5) percent in lieu of benefits noted in this Article 20 - Health and Welfare unless eligible for those benefits in 20.01, 20.02, 20.03, 20.04, 20.05, However, this excludes the provision in Article and MULTI SECTOR PENSION PLAN: The Employer shall implement the MSPP for all employees with contributions at four percent (4%) Employer and four percent (4%) employee. In this Article, the terms used shall have the meanings as described:.01 (a) " Plan" means the Multi-Sector Pension Plan (b) "Applicable Wages" means the basic straight time wages for all hours worked and in addition: i) the straight time component of hours worked on a holiday; and ii) iii) iv) holiday pay, for the hours not worked; and vacation pay; and sick pay paid directly by the Employer (but not short term indemnity payments paid by an insurer) which results in the employee receiving full payment for the hours missed due to illness. Applicable wages includes any sick pay which an employee is permitted to receive in cash despite not having been absent from the workplace; and v) All other payments, premiums, allowances and similar payments are excluded. (c) " Eligible Employee" means all employees in the bargaining unit. 18

22 .02 Each Eligible Employee shall contribute for each pay period an amount equal to 4% of Applicable Wages to the Plan. The Employer shall contribute on behalf of each eligible employee for each pay period, an amount equal to 4% of Applicable Wages to the Plan.. 03 The employee and Employer contributions shall be remitted to the Plan by the Employer within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions are attributable. The Employer shall remit all contributions in the manner directed by the Administrator of the Plan.. 04 The Employer agrees to provide to the Administrator of the Plan, on a timely basis, all information required pursuant to the Pension Benefits Act, R.S.O. Ch. P-8, as amended, and Income Tax Act (Canada) which the Administrator may reasonably require in order to properly record and process pension contributions and pension benefits. If maintained by the Employer in electronically readable form it shall be provided in such form to the Plan if the Administrator so requests. For further specificity, the terms required for each eligible employee by Article.04 of the agreement include: i) To be Provided Once Only At Plan Commencement - Date of Hire - Date of Birth - Date of First Contribution - Seniority List to include hours from date of hire to Employer's fund entry date (for the purpose of calculating past service Credit) - Gender ii) To Be Provided With Each Remittance - Name - Social Insurance Number - Monthly Remittance - Pensionable Earnings - Year to Date Contributions - Employer portion of arrears owing due to error, or late enrolment by the Employer iii) To Be Provided Initially And As Status Changes - Full Address - Termination Date Where Applicable (MM/DD/YY) - Marital Status 19

23 iv) To Be Provided Annually But No Later Than December 1 - Current complete address listing.05 The Employer agrees to be bound by the terms of the Agreement and Declaration of Trust and the rules and regulations of the Plan adopted by the Trustees of the Plan, both as may be amended from time to time. In addition, the Employer agrees to enter into a Participation Agreement with the Trustees of the Plan in the form attached hereto as Schedule " A". ARTICLE 21 - RENEWAL, AMENDMENT AND TERMINATION: This Agreement shall be effective from April 1, 2015, and shall continue in effect until March 31, 2018 and shall continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other in writing, within ninety (90) days prior to the expiration date, that it desires to amend or terminate this Agreement. In the event of such notification being given as to amendment of this Agreement, negotiations between the parties shall begin within fifteen (15) days following such notification or a time mutually agreed to by the parties. In any event, either of the parties wishing to amend the Agreement must submit to the other party their proposed amendments within ten (10) days prior to the first meeting so that the other party may have the opportunity to prepare necessary information to discuss such amendments. Dated alh ' J/e k //e this.:12/ ST day of _Tc_a.--"'rL._i.l -=--a_r_c..~f.j _ FOR THE UNION FOR THE EMPLOYER 20

24 1. Retroactivity Retroactivity will be paid for all hours paid by the Employer to all employees on the payroll as of April 1, 2015, and to all new employees hired since that date on the basis of the above wage rates. Retroactivity will be paid by separate cheque two (2) months following ratification of the memorandum. The Employer will endeavour to pay the retroactivity prior to the two (2) months. If an employee shall have terminated his employment since the date of ratification, the Employer shall advise the employee by notice, in writing, to the last known address on the records of the Employer and the employee shall have thirty (30) days from the posting of such notice within which to claim any payment. 2. During the term of this Collective Agreement, it is agreed that in the event the Employer receives extra base allocations for staff salaries that is provided through the South East Local Health Integration Network from the Ministry of Health-Long Term Care (over and above the existing funding levels), employees shall be granted increases in wage rates equal to the relative increase of the extra budget allocation, subject to the guidelines for distribution of such funds. 2 1

25 SCHEDULE "A" WAGES AND JOB CLASSIFICATIONS IN HOURLY RATES Personal Support Worker 1 (P.S.W. 1) 01-Apr Apr Apr-17 Start $20.12 $20.12 $ % 6months $20.32 $20.32 $ % 1 year I $20.52 $20.52 $ % Personal Support Worker 2 (P.S.W. 2) 01-Apr Apr Apr-17 Start $21.21 $21.21 $ % 6 months $21.64 $21.64 $ % 1 year $22.51 $22.51 $ % Note: It is agreed by both parties that the rate per kilometre for travel compensation is $0.43 per kilometre Note: The parties agree that the required pay equity adjustments have been incorporated in the above wage scale and that the Employer has met its obligations to achieve pay equity under the Pay Equity Act. DATED AT ~ K \\e "'' \\.c THIS _;lj\1 DAY OF... TG1rtu.CLf" j FOR THE EMPLOYER -~ '\ ). 01"\ DC} ~J M2)0z_ ) 22

26 LETTER OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES UNION, LOCAL 1 CANADA AND CHESHIRE HOMES RE: - Scheduling of Twelve (12) Hour Shifts The parties agree that the scheduling to extended shifts of twelve (12) hours in duration, or combination of shift durations in a two (2) week period, it is understood that the following shall apply: a) The normal daily extended hours of work shall be 12 hours in a twenty-four (24) hour period, inclusive of one sixty (60) minute or two thirty (30) minutes of paid meal time. b) During the 12 hour shift, Employees shall be entitled to three (3) - fifteen (15) minute paid rest periods. c) Payments for bereavement leave shall be based on 12 hours. d) Payment for vacation shall be based on the equivalent to the normal number of hours for the day requested as vacation. e) Payment for holidays for stat worked shall be based on the 12 hours. Payment for the stat not worked shall be based on the calculation required by the Employment Standards Act, 2000, as amended. f) Overtime shall be paid for all hours in excess of 12 hours on a scheduled shift or 88 hours in a bi-weekly pay period. g) Where necessary the Employer and the Union agree to amend the provisions of the collective agreement being affected by the changes in daily hours to reflect the above understanding. h) Sick leave shall be based on 80 hours of paid sick time as per Article

27 DATED at _b=--,_.= "--...;;... : ----'--this,j I \ T day of Xu1.. L< a./'!j FOR THE UNION --, J / {~,cijd~. \,'\vv.ckjcl.8#1-np J<~ djr FOR THE EMPLOYER ta I iy f;e_ l:..1,,f /I...;:) 24

28 2012 PARTICIPATION AGREEMENT The Agreement made this..j.ji!:. day of.&_' ~rlf m... b... r 201J_ BETWEEN: -and- MULTI-SECTOR PENSION PLAN BY ITS TRUSTEES (the "Tnateesi In consideration of the Employer becoming a participating employer, commencing '-.Jgcuar'J I llt/i In the Multl-Sector Pension Plan (the p1an"), by making conb1butions to the Plari In acoordanc:e with the collective agreement ("Collective Agreement") between the Employer and local 1 c 9 "" c\q. of the SE 1 u (the 0 Union ), and In consideration of the Trustees making benefi1s available to the employees of the Employer on whose behalf cx:mbibutions are being made, the parties agee as follows: 1. The Employer shal make contributions to the fltan in acx:otdance with the tenns of the Collective Agreement, failng Mlic:h the Trustees or Union may take action to collect suc:ti amounts owing pursuant to the grieva~ and arbitration procedures under the Collecllve Agreement or In any other fonm having jurisdlction to enforce this Participation Agreemenl If the Employer is delinquent In its conbibution payments, the Employer shall pay the Trustees for any related losses or costs. lncludlng Interest. liquidated damages and costs In accordance with the pro-asloos of this Partldpalion Agreement and the Agreement and Decla,.tlon of Trust dated Januacy 1, 2002, as amended ("Oedandion of Trust") -Mlich established the Plan. 2. The Employer acknowledges the right and obligation of the Trustees to administer the Fund and provide benefits In accordance with the Declaration of Trust. 3. Notwflhstanding the pr<mslons of paragraph 2 of this Participation Agreement, the financial obugalions c:a the Employer shal in no event exceed the obligation to make cooolbuuons as set out In the Cdlectiws Agreement, togeth«v.4th 25