Collective. Agreement. Huron University College OPSEU SEFPO. between. Ontario Public Service Employees Union. on behalf of its Local 144

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 144 and Huron University College DURATION: May 1, April 30, 2017 OPSEU SEFPO Sector Uncontrolled copy of CA

2 i Table of Contents ARTICLE 1 - RECOGNITION... 1 ARTICLE 2 - MANAGEMENT RIGHTS... 2 ARTICLE 3 - UNION SECURITY... 3 ARTICLE 4 - REPRESENTATION... 3 ARTICLE 5 - DUES CHECK OFF... 4 ARTICLE 6 - NO STRIKES - NO LOCKOUTS... 5 ARTICLE 7 - GRIEVANCE PROCEDURE... 5 ARTICLE 8 - ARBITRATION...7 ARTICLE9 - SENIORITY...8 ARTICLE 10 - PREGNANCY/PARENTAL LEAVE ARTICLE 11 - LEAVE OF ABSENCE...11 ARTICLE 12 - JURY DUTY ARTICLE 13 - LEAVE FOR UNION ACTIVITIES ARTICLE 14 - BEREAVEMENT LEAVE ARTICLE 15 - FAMILY MEDICAL LEAVE AND PERSONAL EMERGENCY LEAVE ARTICLE 16 - BENEFITS ARTICLE 17 - WAGES AND JOINT JOB EVALUATION ARTICLE 18 - SICK LEAVE ARTICLE 19 - VACATIONS...18 ARTICLE 20 - PUBLIC AND PAID HOLIDAYS ARTICLE 21 - HOURS OF WORK AND OVERTIME...20 ARTICLE 22 - PERSONNEL FILE ARTICLE 23 - HEALTH AND SAFETY...21 ARTICLE 24 - PROMOTIONS AND VACANCIES ARTICLE 25 - TECHNOLOGICAL CHANGE ARTICLE 26 - AUTHORIZED EXPENSES ARTICLE 27 - ORIENTATION ARTICLE 28 - CHRISTMAS SHUTDOWN ARTICLE 29 - TUITION REIMBURSEMENT...24 ARTICLE 30 - HARASSMENT AND DISCRIMINATION ARTICLE 31 - EMPLOYER-EMPLOYEE RELATIONS COMMITTEE...26 ARTICLE 32 - JOB SHARING ARTICLE 33 - PARKING ARTICLE 34 - RENEWAL, AMENDMENT AND TERMINATION...29 SCHEDULE "A" - SALARY SCALES SCHEDULE " B" - SUMMARY OF BENEFITS SCHEDULE "C" - MINIMUM GUARANTEE SCHEDULE " D"- UWO PENSION PLAN FOR MEMBERS OF THE ADMINISTRATIVE STAFF LETTER OF UNDERSTANDING LETTER OF UNDERSTANDING... 39

3 1 PREAMBLE The purpose of this Agreement is to establish and maintain satisfactory collective bargaining relations between the Employer and the Union, to provide machinery for the prompt and equitable disposition of grievances without work stoppages, and to establish and maintain mutually satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement. ARTICLE 1 RECOGNITION The Employer recognizes the Union as the sole bargaining agent for all office, clerical and technical employees of Huron University College in London, Ontario, save and except supervisors, persons above the rank of supervisor, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period. For the purposes of clarity, the parties agree that the following positions are not covered by this Collective Agreement: Executive Assistant to the Principal and Secretary to the Executive Board Associate Librarian Administrative Assistant to the Chief Administrative Officer Executive Assistant to the Dean of the Faculty of Arts and Social Science Manager of Career Development and Co -Curricular Learning Coordinator of Library Access Services Assistant Director for Residence Life and Student Engagement The Employer agrees to notify the Unit Steward of the name and address of any new employee who falls within the scope of this Agreement For the purposes of clarity, the parties agree that a temporary or contract employee who is replacing a bargaining unit member who is absent for Pregnancy/ Parental/Adoption Leave, or for Long- term Disability, or who is replacing a bargaining unit member who has been temporarily reassigned to a position outside the bargaining unit, is covered by this agreement. Temporary or contract employees who are replacing a bargaining unit member shall have full rights under this agreement, except that: a) they shall have no right to grieve termination at the end of the contract period; b) they shall have no seniority rights.

4 V Prior to hiring a Temporary or Contract employee, who is replacing a bargaining unit member, it is agreed that all opportunities shall first be posted in accordance with Article 25 of the Collective Agreement. Temporary or contract employees may apply for vacancies in the bargaining unit at the end of their contract and if successful will be credited with seniority in accordance with Article 9 for the length of time worked as a temporary or contract employee. i` The Employer undertakes that it will not, so long as the Union continues to be entitled to represent the bargaining unit, enter into any other agreement or contract with the employees, individually, or collectively, without the consent of the representative of the bargaining agent. ARTICLE 2 MANAGEMENT RIGHTS The Union recognizes and acknowledges that the management of the operations and the direction of the working forces are fixed exclusively in the Employer unless specifically restricted by the terms of this Agreement, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: a) maintain order, discipline and efficiency and in connection therewith, to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; to discipline or discharge for just cause employees who have completed their probationary period; and to discipline or discharge for any reason and at its sole discretion employees who have not successfully completed their probationary period, provided that a claim of discharge without just cause by an employee who has completed their probationary period may be the subject of a grievance and dealt with as hereinafter provided; b) select, hire, transfer, assign to shifts, departments, classifications, promote, demote, classify, re-classify, lay- off, recall or retire employees at retirement age and select employees for positions excluded from the bargaining unit; c) establish and administer tests for the purpose of assisting the Employer in determining an employee's qualifications, require post offer medical examinations and require medical examinations, by a mutually agreed upon physician, to determine an employee's fitness to perform her assigned job duties;

5 3 d) determine the nature and kind of operations conducted by the Employer, the existence and location of its operations and their expansion, alteration or curtailment; the establishment, addition, alteration or curtailment of work, shifts, departments, classifications, job descriptions, assignments, job content, quality or quantity standards; the transfer of employees between operations, jobs, shifts, departments, classifications and assignments; determine the qualifications of an employee to perform any particular work or job; the nature of methods, processes, tools and machinery; implementation, alteration and use of new or improved methods, processes, tools, machinery and equipment as well as changes or discontinuance therein; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times and when overtime shall be worked. ARTICLE 3 UNION SECURITY Copies of the Agreement The Employer and the Union desire each employee to be familiar with the provisions of this Agreement and their rights and obligations thereunder. For this reason, the parties will share equally any cost of creating and posting a PDF document to the Employer's Intranet site and distributing by e- mail a copy of the PDF file to members. Ten printed copies will also be made available Bulletin Board The Employer will provide a bulletin board for the posting of Union notices. Notices shall be submitted to the Chief Administrative Officer or their designate for approval before being posted. be unreasonably withheld. Such approval shall not ARTICLE 4 REPRESENTATION Grievance and Bargaining Committee The Employer agrees to recognize a committee of not more than three ( 3) employees, with no more than one ( 1) employee from each of the following work areas: academic services accounting library

6 registrar alumni and development who shall be the Grievance and Bargaining Committee (the " Committee"). Such Committee may also include a full-time Union Staff Representative. The Committee shall meet with two ( 2) members of the senior administration at mutually agreeable times during working hours, to discuss matters of common concern Members of the Committee will be permitted to leave their work stations without loss of pay or benefits to attend Union business, provided: a) that their absence does not unduly interfere with the Employer's operation; b) that they obtain permission from their supervisor before doing so. Such permission shall not be unreasonably withheld Employees serving on the Committee will be paid at their normal straight time rate of pay, for lost time resulting from their actual attendance at scheduled negotiating meetings with the Employer Members of the Bargaining Unit will be permitted to leave their work stations without loss of pay or benefits twice each year at 3: 00 pm to attend a Union meeting, provided: a) that their absence does not unduly interfere with the Employer's operation; b) that permission is obtained from their supervisor before doing so. Such permission shall not be unreasonably withheld. A request can be made to the Employer identifying a further meeting if determined. ARTICLE 5 DUES CHECK OFF The Employer agrees that it will deduct from the pay, including any retroactive pay increases for whatever reason, of each employee from the first day of employment who is covered by this Agreement a sum equal to regular Union dues and fees as directed in writing by the Union to the Employer. The Employer agrees that it will remit the total amount of such deductions to the Accounting Department of the Union, 100 Lesmill Road, North York, Ontario, M3B 3P8, not later than the fifteenth ( 15th) day of each month following the month that such deductions were made. The

7 5 remittances will be accompanied by a list of the names and social insurance numbers of those employees for whom deductions have been made To the extent permissible by Revenue Canada, the Employer agrees to include the annual total of dues deducted and remitted in accordance with this article on each employee' s T-4 slip The Union shall indemnify and save the Employer harmless from any claims, demands, suits, judgments, attachments and from any other form of liability as a result of the Employer making any deduction and/ or remittance of union dues and/ or fees. ARTICLE 6 NO STIKES NO LOCKOUTS There shall be no lockout of employees by the Employer or strike by the Union during the term of this Agreement. ARTICLE 7 GRIEVANCE PROCEDURE Any dispute involving the application, interpretation, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be made the subject of a grievance and an earnest effort shall be made to settle such a grievance as quickly as possible An employee who believes they have a complaint must first discuss the complaint with their supervisor within five (5) working days of the circumstances giving rise to the complaint. The employee may be accompanied by a Committee member if they so desire If the Complaint is not settled by the supervisor to the satisfaction of the employee, then the complaint must be reduced to writing and processed in the following manner: Stage One - within ten ( 10) working days following the discussion referred to in Article above, the employee must file a grievance in writing with the Chief Administrative Officer or their designate. The written grievance, signed by the employee, shall state the nature of the grievance, and the redress sought. The Chief Administrative Officer or their designate shall give the grievor their decision in writing within five (5) days of the submission of the grievance Stage Two - if the grievor is dissatisfied with the decision of the Chief Administrative Officer or their designate, the written grievance must be

8 M presented to the Principal or their designate, by the grievor within ten ( 10) working days following receipt by the grievor or the Union of the decision of the Chief Administrative Officer or their designate, in accordance with Stage One above Within five ( 5) working days of receipt of the grievance, the Principal or their designate will, if necessary, arrange a meeting with the grievor and a Committee member, to discuss the grievance Within three ( 3) working days of this meeting, the Principal or designate will render their decision in writing If final settlement of the grievance is not reached at Article 7. 07, if the grievance is one which concerns the application, interpretation, administration or alleged violation of the Agreement, and if the aggrieved employee wants to have the grievance arbitrated, then the grievance must be referred, in writing, by the aggrieved employee to a single Arbitrator as provided in Article 8, within five (5) working days following receipt by the grievor or the Union of the decision of the Principal or their designate made in accordance with Article above Discipline or Discharge of Employee Who Has Completed Probationary Period In the case of discipline or discharge of an employee who has completed their probationary period, a grievance may be filed by such an employee who feels unjustly dealt with. Such a grievance must be filed within five 5) working days from the date of discipline or discharge and must commence at Stage Two of the grievance procedure Union Policy and Employer Grievance Where a dispute involving a question of general application or interpretation of this Agreement occurs, or where the Union or Employer has a complaint concerning the application, interpretation, administration or alleged violation of this Agreement, it may be submitted at Stage Two of the grievance procedure. Such grievances must be filed within ten ( 10) working days following the circumstances giving rise to the grievance Time Periods The time periods provided in this Article and in Article 8 can only be extended by mutual agreement between the parties in writing. If any time period(s) or any extension( s) thereof, is not observed by the grieving party, the grievance shall be considered abandoned and Section 44( 6) of the Labour Relations Act, R. S. O. 1995, c. 228 shall not apply. If any time

9 period( s), or extension( s) thereof, is not observed by the party against whom it is alleged has violated the Agreement, the grievance will be considered to be advanced to the next stage of the grievance and/ or arbitration procedure The grievor, at their option, may be accompanied and represented by a Union representative at all stages of the grievance procedure For the purposes of Articles 7 and 8, " working day" shall mean a day on which: the employee concerned is scheduled to work; and supervisory staff is available to discuss the employee' s complaint or grievance, as the case may be. ARTICLE 8 ARBITRATION Both parties to this Agreement agree that any grievance which has been properly carried through all of the steps of the grievance procedure specified in Article 7, and which has not been settled, may be referred to Arbitration. Should either party wish to refer a grievance to Arbitration, a written request must be filed with the other party within the time period set forth in Article The party requesting Arbitration shall indicate in its written request, the name of the individual whom it wishes to act as an Arbitrator Within seven ( 7) working days following the receipt of the request for Arbitration by the party against whom it is alleged has violated the Agreement, the parties shall discuss and attempt to agree upon a single Arbitrator Should the parties fail to agree on a single Arbitrator within fifteen ( 15) working days following receipt of the request for Arbitration by the party against whom it is alleged has violated the Agreement, the aggrieved party must request the Office of Arbitration of the Province of Ontario to appoint an individual to act as Arbitrator The decision of the Arbitrator shall be binding on both parties The Arbitrator shall not have the power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, or to give any decision inconsistent with the terms and provisions of this Agreement.

10 M The parties to this Agreement will share the fees and expenses of the Arbitrator equally Expedited Arbitration Either party, prior to applying for Expedited Arbitration under Section 45 of the Labour Relations Act R. S , c.228, shall first discuss and attempt to agree upon an Arbitrator. Should the parties fail to agree upon an Arbitrator within fifteen ( 15) days of the notification by either party that Expedited Arbitration is being sought, the aggrieved party must apply to the Office of Arbitration of the Province of Ontario for the appointment of an Arbitrator. ARTICLE 9 SENIORITY An employee will be considered on probation, will not have any seniority, and will not be placed on the seniority list until after the employee has worked for three (3) consecutive calendar months. If the employee is retained after the probationary period, the employee's name shall be placed on the seniority list and seniority shall date from the date of employment, or in the case of an employee re- employed following a loss of seniority in accordance with Article below, from the date of re- employment An employee' s seniority shall be on a departmental basis for the purposes of the assignment of work on Public and Paid Holidays A seniority list shall be posted on the Union bulletin board as soon as possible after the signing of this Agreement. A copy of the seniority list shall be e- mailed to the Union Staff Representative. The seniority list shall be revised, where necessary, every six (6) months. If an employee( s) or the Union does not challenge the seniority standings contained in the seniority list within ten ( 10) working days after the list is posted, then the employee( s) and the Union shall be deemed to have accepted such standings Should it become necessary for the Employer to eliminate a position or reduce staff, the Employer will first lay off probationary employees. Should further reductions in staff be necessary, the Employer will then solicit voluntary resignations from existing employees who have completed their probationary period. Senior Staff who are eligible for early retirement will be offered an incentive package of two ( 2) weeks per year up to twenty-six (26) weeks for an enhanced exit An Employee who has received a notice of layoff shall first be assigned to

11 I a vacant position at the date of notice of layoff, provided that the employee has the necessary skill and ability as determined by the Employer to perform the requirements of the job. Should further reductions in staff be necessary, lay-offs shall occur according to the seniority of employees, with the most junior employee being laid off first, and the most senior employee being laid off last, provided however, that senior employees retained have the necessary skill and ability as determined by the Employer, to perform the requirements of the job. The Employer shall provide employees with notice of lay off or termination pay, and severance in accordance with the Employment Standards Act, Seniority shall apply in the case of recall of employees after lay-off. Employees shall be recalled by Notice of Recall as set forth in Clause below, according to seniority within the affected department, with the most senior employee being recalled first, and the least senior employee being recalled last, provided however, that senior employees recalled have the necessary skill and ability to perform the requirements of the job Notice of Recall shall be provided either by way of Express Post registered letter mailed to the address of the employee last filed with the Employer or by way of personal contact with the employee by the employer. The Union shall receive a copy of each letter of recall or notification of each recall made by way of personal contact. For the purpose of this Article, an employee shall be deemed to have been properly provided with a Notice of Recall in accordance with this Article 9, where the Notice of Recall is provided by way of Express Post registered letter mailed to the address of the employee last filed with the employer, within three (3) working days after the date of mailing thereof by Express Post registered mail Employees who are subject to recall shall be provided with a Notice of Recall in accordance with Clause at least five (5) working days in advance of the scheduled date of recall Where an employee has been provided or is deemed to have been provided with a Notice of Recall in accordance with clauses and above and where the employee fails to return to work on their scheduled date of recall, except where the employee satisfies the Employer that they were unable to return to work on their scheduled date or recall because of accident, illness or other sufficient cause, they shall lose all seniority, their name shall be removed from the seniority list and their employment shall be terminated pursuant to clause 9. 10( e) of this Agreement An employee shall lose all seniority, their name shall be removed from the

12 10 seniority list and their employment shall be automatically terminated under any of the following circumstances; a) the employee voluntarily resigns; b) in the case of an employee who has successfully completed their probationary period, the employee is discharged and is not reinstated through the grievance and/ or arbitration procedures; c) the employee is on lay-off for more than twelve ( 12) months; d) the employee fails to report for work for three ( 3) consecutive working days without giving a reason satisfactory to the employer; e) the employee fails to return to work on their scheduled date of recall after being provided with a Notice of Recall in accordance with this Article 9; f) the employee fails to report for work following an authorized leave of absence; g) when an employee utilizes a leave of absence for a purpose other than that for which it was authorized; h) when an employee is unable to attend full time at work for a period in excess of two ( 2) years An employee transferred to a position not covered by this Agreement may be returned by the Employer to the bargaining unit, in which case the seniority accumulated to the date of their transfer out of the bargaining unit shall be reinstated without further accrual It shall be the duty of all employees to immediately notify the Employer of any change of address. ARTICLE 10 PREGNANCY/ PARENTAL LEAVE The parties agree to be bound by the provisions of the Employment Standards Act R.S.O., 2000, c.41 and any amendments thereto a) Staff/faculty who have worked at Huron University College for at least one year as of probable date of delivery will be entitled to receive 95% of salary for the initial two week waiting period and 95% of salary less the Employment Insurance maternity benefit for 15 weeks. Definition of Parent/ Child in accordance with the

13 11 Ontario Family Law Act. b) To qualify for this benefit the employee must make application and qualify for Employment Insurance maternity benefits. ARTICLE 11 LEAVE OF ABSENCE This article does not refer to the following which are covered separately: a) Article 10 Pregnancy/ Parental Leave b) Article 15 Family Medical Leave and Personal Emergency Leave c) Article 18 Sick Leave, provided the total of consecutive sick days is 60 or less Upon written application, with more than four weeks notice where possible, the Employer may, in its sole discretion, grant a leave of absence to a maximum of one ( 1) year without pay to employees for legitimate reasons During such leaves of absence, seniority shall only continue to accrue for a period of thirty (30) working days An employee will be granted one day's leave at their regular non -overtime rate of pay on the occasions of the marriage or birth of their child Extended health and dental coverage may be maintained by the Employer and where available through the benefit provider, for any Employee who takes an approved Leave of Absence under this article, provided the employee pays 100% of the premium current during the Leave, and by giving notice of this intent to the Employer no later than four weeks, where possible, prior to the initiation of the leave While on an approved leave of absence of over 30 days, an employee will not accrue earned vacation time with pay. ARTICLE 12 JURY DUTY Subject to Article , employees who actually attend at a court for the purposes of serving on a jury or are subpoenaed to appear before a court as a witness and actually attend at court for that purpose, during working hours, shall be reimbursed for any loss of regular, non -overtime pay resulting from such jury duty service or appearance in Court As the intention of Article 12 is to reimburse employees for lost pay resulting from jury duty or appearances before a court as a witness under

14 12 the authority of a subpoena, during working hours, any monies paid to an employee for participation in such activities shall be remitted by the employee to the Employer. ARTICLE 13 LEAVE FOR UNION ACTIVITIES An employee selected to represent the Union as a delegate to any Union convention, seminar or meeting shall, subject to the further provisions of this clause; be entitled to a leave of absence of not more than fifteen ( 15) working days, without pay and without loss of seniority accrued as of the commencement of the leave of absence, provided that the following conditions are met: such leave of absence will not unduly interfere with the efficient operation of the College; no more than one ( 1) employee may take such a leave of absence at any one time, the cumulative total of all such leaves of absence for all employees in the bargaining unit for any calendar year shall not exceed fifteen ( 15) working days; and the Union shall notify the Employer of a request for such a leave of absence not less than fifteen ( 15) working days prior to the effective date of such leave of absence Upon request by the Union, leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as an Executive Board Member or an Executive Officer of the Provincial Union for the purpose of conducting the internal affairs of the Provincial Union. The Provincial Union will reimburse the Employer for salary and benefits including vacation, sick entitlement and payroll deductions for the member elected to the Provincial Executive Board or as a Provincial Executive Officer to the Ontario Public Service Employees Union. ARTICLE 14 BEREAVEMENT LEAVE Spouse The employer and the Union agree that "spouse" means the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage or as defined by the Ontario Family Law Act. Only one person at a time can be covered as an employee's spouse under the contract Where an employee is absent from work due to a death in their immediate family, they will be granted up to five ( 5) consecutive working days leave at their regular, non -overtime rate of pay. Immediate family is deemed to mean the employee's: spouse/ partner parent or step parent child, step child, or foster child

15 13 brother or sister or step brother or step sister parent of their spouse/ partner brother or sister of spouse/ partner Where an employee is absent from work due to a death in the family, they will be granted up to two (2) consecutive working days leave at their regular, non -overtime rate of pay. Family shall mean the employee's: grandparent aunt or uncle step parents grandchild foster child Where an employee is absent from work due to a death in the family of the employee' s spouse, they will be granted up to two (2) consecutive working days leave at their regular, non -overtime rate of pay. Family of the employee's spouse shall mean: grandparent step parents grandchild foster child, as per the Ontario Human Rights In addition to the leaves in , , and , an employee may be granted leave with pay up to two (2) calendar days for the purpose of travel where the site of bereavement is over four hundred ( 400) kilometers away. ARTICLE 15 FAMILY MEDICAL LEAVE AND PERSONAL EMERGENCY LEAVE Family medical leave is unpaid, job -protected leave of up to eight weeks in a 26 -week period. Family medical leave may be taken to provide care or support to certain family members and people who consider the employee to be like a family member in respect of whom a qualified health practitioner has issued a certificate indicating that he or she has a serious medical condition with a significant risk of death occurring within a period of 26 weeks. The medical condition and risk of death must be confirmed in a certificate issued by a qualified health practitioner. Family Medical Leave will be granted in accordance with the Employment Standards Act R. S. O ESA Family Medical Leave a) Benefit coverage shall be maintained by the Employer for any employee who takes Family Medical Leave at no cost to the employee.

16 14 b) Under the Employment Standards Act, the employer is entitled to ask an employee for a copy of the certificate of the qualified health practitioner to provide proof that he or she is eligible for a family medical leave. The employee is required to provide that certificate as soon as possible after the employer's request. The certificate must state that the family member has a serious medical condition with a significant risk of death occurring within a specified 26 -week period. The employee is responsible for obtaining the certificate. The Employer will reimburse the Employee for any costs for obtaining the certificate Personal Emergencv Leave Employees who have worked at Huron University College for at least one year will be entitled to up to three days paid leave in a calendar year to deal with family emergencies as listed in the Emplo rvment Standards Act of Ontario. This is in addition to the 10 days of unpaid personal emergency leave permitted under the Act to all employees regardless of length of employment. Under the Employment Standards Act, the employer is allowed to ask an employee to provide evidence of eligibility for a personal emergency leave of absence. The Employee is required to provide evidence that is reasonable in the circumstances. ARTICLE 16 BENEFITS Spouse The employer and the Union agree that "spouse" means the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage or as defined by the Ontario Family Law Act. Only one person at a time can be covered as an employee's spouse under the contract The Employer agrees that during the term of this Agreement, it will continue to pay the premiums for the group plan benefits recommended by the Benefits Committee and approved by the Huron University College Executive Board at a rate of 60% Employer and 40% Employee for eligible employees who are covered under this Agreement. A summary of this plan is attached hereto for information purposes. Schedule B It is agreed by the parties that the Employer's obligations under this Article are limited to the payment of the premiums referred to in Clause above. Any dispute or disagreement whatsoever related to benefit coverage shall be between the employee concerned and the insurer.

17 15 However, in the event of such a dispute or disagreement, the Employer will use its best efforts to assist the employee in its resolution The Union agrees that the Employer may change the Insurer retained to provide the benefits referred to in Clause above. Benefit levels will remain as currently provided by this Collective Agreement, or may be amended subject to mutual agreement between the parties Notwithstanding the above, the parties agree that the Union may appoint two (2) representatives to the Huron University College Benefits Committee which shall explore alternate benefit options and improvements. Any improvements in benefits which arise out of the Committee' s recommendations shall be automatically included in this Agreement provided however that if the Benefits are less favorable than those provided by the Collective Agreement, the existing benefits shall continue in force The parties agree that the employees of the Huron University College covered by this agreement are participants in the University of Western Ontario ( UWO) Pension Plan for Members of the Administrative Staff effective January 1, 2001, and the UWO Staff/Management under the Participating Employer" agreement clauses to its pension plan, shall form part of this Collective Agreement (see Schedule D). For the purposes of eligibility and vesting, the UWO plan shall recognize the Huron members' pre -January 2, 2001" service with Huron and/ or membership in the Huron plan, as the case may be. The Union shall have the right to appoint one 1) member to the Group Benefits Committee ( which will discuss/ recommend pension issues). Any improvements to the pension plan under the " Participating Employer" agreement with UWO, shall be considered part of this agreement. In addition, all members who qualify remain part of the Huron University College defined benefit minimum guarantee as per Schedule C Salary Continuance a) In the event that employees exhaust the sick leave benefits referred to in paragraphs ( b), ( c), ( d) or (e) below and having completed probation, they will be entitled to receive salary continuance equal to 66-2/ 3% of their salary per week for any absence due to illness up to and including one hundred and twenty 120) working days from the commencement of the absence; b) Where an employee returns to work part time after exhausting sick

18 16 leave benefits referred to in Article paragraphs ( b), ( c), ( d), or! e) the time worked will be paid at 100% of the employee' s regular rate of pay, and the time away from work will be paid at 66-2/ 3% of their salary per week up to and including 120 working days from the commencement of the absence. c) Salary paid at 66-2/ 3% of the Employee' s regular rate of pay pursuant to clauses a and b shall be included in the computation of earned vacation time with pay at a rate of 66-2/ 3% of the Employee' s rate as included in Article Long Term Disability a) Employees absent due to any illness or injury which exceeds 120 working days will be eligible for payments under the Employer' s long term disability plan in accordance with the terms and conditions of the master contract of said plan. b) An Employee absent due to any illness or injury which exceeds 120 days will cease accruing earned vacation time with pay While an Employee is receiving benefits under Article or , the Employer and the Employee will continue to pay their respective shares of the non -salary benefits While an Employee is receiving Long Term Disability benefits, Huron shall credit each month to the Regular Pension account of each Huron Member an amount equal to fourteen percent ( 14%) of the Huron Member's Pensionable Earnings at the beginning of the period of illness or disability. ARTICLE 17 WAGES AND JOINT JOB EVALUATION The Employer agrees to pay and the Union agrees to accept during the term of this Agreement, the minimum wages as set out in Schedule "A" attached hereto and forming a part of this Agreement. The Employer may hire employees at the grid level consistent with the individual' s past experience, with the agreement of the Union. The Union' s Staff Representative will be notified in writing of any new hire and the employee' s grid level placement The Union and the Employer agree to meet at least annually to review substantially changed classifications that are provided to the Chief Administrative Officer. Such classifications will be reviewed using the Gender Neutral Job Evaluation System agreed to by the parties. Any change in the rate of pay agreed to resulting from such evaluation shall be

19 1 l retroactive to the date of the submission of the classification to the CAO Notwithstanding , the Committee will meet within three months of hiring to review any newly created classifications. Such classifications will be reviewed using the Gender Neutral Job Evaluation System agreed to by the parties. The rate of pay agreed to resulting from such evaluation shall be the date of first hire to the position. ARTICLE 18 SICK LEAVE Pay for sick leave is for the sole and only purpose of protecting employees with seniority in the active employment of the employer against loss of income when they are legitimately ill and will be granted on the following basis: a) absence for injury compensable under the provisions of the Workplace Safety and Insurance Act shall not be applicable to this Article; b) in the first year of employment after completing probation, an employee accrues paid sick time at days per month. This becomes effective with employees hired after the date of ratification of this agreement. c) employees who have completed one year continuous service, shall be granted up to twenty (20) working days of paid sick leave per year; d) employees who have completed three ( 3) years continuous service shall be granted up to forty (40) working days of sick leave per year; e) employees who have completed five ( 5) years or more of continuous service in any year shall be granted up to sixty (60) working days of sick leave per year; f) the sick leave benefits referred to herein will not accumulate from year to year but will be reinstated as of May 1st in each year and for employees hired after the ratification of this agreement, on the anniversary of the employee's start date; g) The Employer reserves the right to require medical certification completed by the employee' s licensed health care practitioner of the illness or injury, and requires such certification in each case of absence anticipated to be, or which turns out to be, in

20 excess of four working days. Certification required under this provision shall be forwarded to the employer no later than four working days from the commencement of the absence. The certification must be provided on forms provided by the employer, and contain the information the employer may require to a) adjudicate entitlement for the claimed sick benefit, b) have reasonable certainty with respect to prognosis/ return to work date so that proper arrangements to have the work performed in the employee' s absence can be made, and c) determine whether accommodated or alternative work will be offered to the employee. The employer shall reimburse employees for the cost which practitioners may charge for such certification, up to the maximum charges as recommended from time to time by the OMA. The Employer further reserves the right to require a medical examination by a Health Care Professional satisfactory to the Employer, after discussion with the staff member. h) the parties agree that if, as a result of the amendment of the Employment Insurance Act, 1996, and the regulations thereto applicable to employees incapable of work by reason of illness, injury or quarantine, any savings, rebates or premium reductions of any sort are payable or granted to either the Employer or its employees, or both, the full amount of such savings, rebates or premium reductions shall accrue solely to the benefit of the Employer, notwithstanding anything to the contrary contained in any Government legislation; i) personal medical and dental appointments within reason will be requested and recorded as sick leave. ARTICLE 19 VACATIONS For the purpose of computing earned vacation time with pay, beginning on May 1, 2008, vacation will be earned each month as a percentage of the total vacation entitlement shown in Employees will earn vacation time with pay based upon the following: a) in the first year of employment, at the rate of days per month 15 days). Paid vacation may only be taken upon successful completion of the employee' s probationary period. b) in the second year to the completion of ten ( 10) years of employment, at the rate of days per month ( 20 days)

21 19 c) from the eleventh ( 11th) year of employment, at the rate of days per month ( 25 days) Vacation time will not be deducted for a holiday listed in Article 20 that occurs during a vacation A vacation schedule will be created in each work area as defined in Staff will sign up for vacation based on seniority in the area Employees shall be permitted to carry a vacation balance a maximum of 2 times their annual entitlement at any time. Employees may also carry a negative balance of no more than 5 days or the equivalent if part time. ARTICLE 20 PUBLIC AND PAID HOLIDAYS Ontario has 9 public holidays every year (New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day). Employees will receive paid time off The August Civic Holiday is designated a Paid holiday Employees will receive a paid Floating Holiday. Time may be taken at a mutually agreeable time. Such agreement shall not be unreasonably withheld Where an employee is required to work on a Public or Paid holiday, they shall be paid one and one- half ( 1 Y2) times the regular rate of pay and in addition, shall be granted a day off with pay. Such days off shall be taken at a mutually agreeable time. Such agreement shall not be unreasonably withheld Work on a Public or Paid Holiday shall be assigned on the basis of departmental seniority, on a rotating basis. To qualify for each Public and Paid holiday, or day off with pay under , an employee must work their full scheduled shift immediately preceding and immediately following the Public or Paid Holiday or the day off with pay under , unless absent for a reason acceptable to the Employer; If the Public or Paid Holiday falls during an Employee' s scheduled vacation period, the Employee will be paid for the Public/ Paid Holiday and

22 20 the day will not be deducted from their vacation balance Where Christmas Day, Boxing Day and/ or New Year's Day fall on Saturday or Sunday, the employer shall designate alternate day(s) as the holiday(s). If Canada Day (July 1) falls on a Saturday or Sunday, the Employer shall designate an alternate day as the holiday. ARTICLE 21 HOURS OF WORK AND OVERTIME Mention in this Article or elsewhere in this Agreement, of hours of work per day or week or of days of work or work schedules or shifts, shall not in any case constitute a guarantee of work, or of any particular number of hours of work per day or week or days of work per week or of any particular or other work schedule or shift In the defined grid classifications, the normal hours of work shall be thirtyfive ( 35) hours per week, Monday to Friday, consisting of seven ( 7) hours per day, from 8: 30 am to 4:00 p. m., plus half an hour unpaid lunch break. If an employee wishes to work reduced hours from May 1 through August 15 in a given year, in agreement with the departmental supervisor, a leave of absence provision can be applied with a relevant salary reduction for hours not worked during that period. Employees may, as per past practice, with the Supervisor's approval, combine their two ( 2) fifteen ( 15) minute breaks to arrange a one ( 1) hour lunch break The Union recognizes that in order for the Employer to meet its scheduling obligations, it may be necessary for the Employer to schedule hours of work outside those hours set forth above in this Article. In scheduling such hours of work, the Employer will reasonably attempt to accommodate the employees' scheduling preferences. In scheduling such hours of work, employees will not be required to work more than fourteen ( 14) days without having two ( 2) consecutive days off Work in excess of 35 hours per week pre -approved by the Supervisor will be compensated by time off at a rate of one and one half hours of paid time. The scheduling of such time off opportunities shall be at the discretion of the Supervisor, approval of which will not be unreasonably withheld. Employees will identify to the Employer, their request for pay, at time and a half or to utilize their banked lieu time. Time off will be taken within six months of the work week in which the time was earned, otherwise, pay in lieu of time off at a rate of one and one-half times the

23 21 employee's regular rate of pay will be paid. Where an Employee has accumulated time in lieu of overtime, and has requested time off under Article 19 -Vacation, time in lieu will be used first. If the Employee's employment ends before the Employee has taken time in lieu of pay, the Employer shall provide the Employee with paid time at a rate of one and one-half times the Employee' s regular rate of pay. This provision applies to all existing and future overtime "banks." Employees shall be entitled to one ( 1) fifteen ( 15) minute paid rest period, to be scheduled by the Employer, in each half of a normal shift. ARTICLE 22 PERSONNEL FILE An employee shall have the right to have access to and review their personnel file, on reasonable notice to, and in the presence of the Employer. The employee shall be given the opportunity to initial documents contained in the personnel file to indicate that they have reviewed the contents thereof. Initialing such documents shall not be construed as agreement by the employee with the contents of such documents Any letter of reprimand, suspension or other sanction shall be removed from the record of an employee thirty-six (36) months following receipt of such letter, suspension or other sanction if there has been no repeat of the problem that gave rise to the issuance of the original letter. ARTICLE 23 HEALTH AND SAFETY It is the responsibility of the Employer, and the Union, on behalf of its members, to make all reasonable efforts to provide a safe and healthful working environment for all employees covered under this Agreement, and it is incumbent on the Employer and the employees to make all reasonable efforts to ensure that such an environment is maintained at all times. In order to help facilitate this aim, the Employer and the Union shall maintain a joint Health & Safety Committee in accordance with the provisions of the Occupational Health & Safety Act, R. S. O., 1990, amendments thereto or successors thereof ( a) In the event that a pregnant employee is assigned to a shift or a location requiring the performance of duties which may be hazardous: i) The Employer will attempt to accommodate the employee in her performance of duties to ensure that the work environment is safe and healthful;

24 22 ii) The Employer may transfer the employee to an alternate shift or location within her classification for the duration of her pregnancy which is a safe and healthful working environment provided that the employee has the necessary skills and training to perform that alternative work. If such work is rated at a lower salary rate, the employee will receive her regular salary rate she received prior to the change in shift or location; iii) if ( i) or (ii) above are not available for the employee, the Employer can transfer the employee to a position outside the bargaining unit but the employee will continue to be covered by this Agreement. b) The Employer and the Union will ensure that all decisions with respect to the pregnant employee will be considered within the provisions of and meet the requirements as set out in the Employment Standards Act and Ontario Human Rights Code. ARTICLE 24 PROMOTIONS AND VACANCIES The filling of vacancies and promotions shall be based on the following factors: a) seniority within the bargaining unit; b) Skill, ability, qualifications and suitability of the employee to perform the required work. Where all of the factors in Clause ( b) above are equal, then seniority shall govern Where a vacancy occurs or a new position is created inside the bargaining unit which the Employer intends to fill, the Employer shall notify the Union in writing and post a notice of the vacancy on the bulletin board, and distribute via internal to the Union representatives, within twenty 20) days of the position becoming vacant The notice shall be posted for a period of not less than seven ( 7) working days. All employees who are otherwise entitled to apply to fill a vacancy must so apply in writing during the said seven ( 7) working days over which the notice is posted Such notice shall contain the following information: present nature of the position, present requirements of the position, present shift, present wage

25 23 or present salary rate or range Where the same work has been performed by an employee in a contract position for a period of at least eighteen ( 18) consecutive months, except for situations where the contract employee is replacing a regular employee on a leave of absence authorized by the Employer or any other leave recognized in this Collective Agreement, and where the Employer has determined that there is a continuing need for that work to be performed on a full- time basis, the Employer shall establish a position to perform that work. Where the Employer has determined that it will convert a position in accordance with this article, the status of the incumbent in the position will be converted to full- time, provided the incumbent has been in the position in question for at least eighteen ( 18) months. The Employer reserves the option to exclude certain work in projects including, but not limited to, Capital Campaigns and externally funded positions Contract employees shall be notified thirty ( 30) days prior to the termination or renewal of the contract. ARTICLE 25 TECHNOLOGICAL CHANGE For the purpose of this Agreement, the term " Technological Change" shall be defined as, and restricted to, the introduction by the Employer onto its premises of equipment of a completely different nature than that currently used by the employees covered under this Agreement, the direct consequence of which results in the lay off of employees in the classification( s) affected The Employer agrees to provide the Union with not less than two ( 2) months' advance written notice of its decision to introduce a Technological Change. ARTICLE 26 AUTHORIZED EXPENSES An employee shall be reimbursed for any authorized out-of-pocket expenses or any authorized additional insurance costs incurred in the services of the Employer If an employee is required to use their car in the service of the Employer they shall be reimbursed at the rate of: