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COLLECTI\IE BARGA\~~~? iNFORMATiON SERV\QJ;§

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~a'&'- /;;2j d.. RLE No.

CERT. FiLE~:(--R - qqJ CERT. DATEJ.b/U ~ {qqJ

TOTAL EMPS L,:J. / EFF. DATE 0 I- 0 G(- 05

EXP.DATE '00 -S f'P-0~

CODING CONTROL . DATE

COLLECTIVE AGREEMENT IDENTCO EO,

. RECEI'J€b O'P

between :~oo I . . I EMPLOYER

OTHER

C.A.W. COMMl.iNITY CHILD CARE

AND DEVELOPMENTAL SERVICES INC.

(herein after referred to as the "EMPLOYER")

and

THE CANADIAN UNION OF PUBLIC EMPLOYEES

AND ITS LOCAL 3677

(herein after referred to as the "UNION")

Term: October 2005 to September 2008

CODER

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THIS AGREEMENT

made this dayof · 20

BETWEEN

C.A.W. COMMUNITY CHILD CARE AND DEVELOPMENTAL

SERVICES INC. (hereinafter called the EMPLOYER)

OF THE FIRST PART

-and-

CANADIAN UNION OF PUBLIC EMPLOYEES & ITS

LOCAL 3677 (Full-time and Part-time)

(hereinafter called the "UNION'')

OF THE SECOND PART

TABLE OF CONTENTS

ARTICL~ 1 -PURPOSE OF AGREEMENT ••••. ~ ................ ." .•.••. !' ........... ~ ••••••• ~ ........... ~····················· .. ••• 1

4\,RTICLE 2 .. MANAGEI\1ENT RIGHTS ........................................... _ .. u ............ _ .................... ., .... .; ......... ~ .................................. ~ •••• 1

ARTICLE 3- RECOGNITION AN1> REPRESENTATION· ................. -. .•.•••.• ~ •.••••.•.•.••.•..••••••.• ~ .......... ·2

ARTICLE 4- UN'ION l\1E~E~lllP Ri!:.QUIREI\'IENT •••.••..••..•.••.••••..••.•••.••.••••..••••••.•••.•••.•..... ~ ..•.• 4

ARTI<;::LE 5 - CHECK-OFF OF UNION DUES ...... -.............................................................................. S

ARTICLE 6 ~UNION. oR:iENTATION ............ ~::~-~:~ . ." ... ~ .. -~ .................................................................... S

ARTICLE 7- CO~SPONDENCE ..................................................................................................... 6

ARTICLE 8- LABOUR MANAGEJ.\.1ENT COl\11\DTTEE .......................................... ~ •••• ~ ................. -6

.... TICLE 9- UNION OFFICERS AN1> COl\11\DTTEES .......... : ............ ;•·············~············ 7

ARTICLE 10- GRIEVANCES AN1> ARBITRATION PROCEDURE······················•·····-················ 8

ARTICLE 11·- ARBITRA.TION ••••..••.•• ~ .................................. .; ..................................... ~ ...................... 11

ARTICLE 12 -DISCHARGE, SUSPENSION AND DISCIPLINE .............. ; ••• _. •••••••••• - ••••.•••••••••••• 12

ARTicLE 13 -SENIORITY ................................................................. ~ ................................................ 14

ARTICLE 14- PROMOTIONS" AND STAFF CHANGES ···············································~·······.··· ...... 17

ARTICLE ·1s - LAY-oFFs •••• ~ ................ ~ ........................................................................... ~ •••••••••• .-....... t9

ARTICLE .6 -:BOURS OF WORK ...................... ~ ................................... ~················· ...... ~ .................. 21

ARTICL~ 17 - O"VERTI1\1E ••••. ~ ••.•••. -................................................................... ~········ .. •••••••••••••••••••·• .. 24

. . .

ARTICLE 18 ~PAID HOLIDAYS ...................................... ~ ................................................................. 25

ARTICLE_ 19- VACATIONS .•••••• " .... ~ ......................................................................... -.......................... 26

VTICLE 20 -SICK LEAVE PROVISION ••••••••....•.••••••...•••••••••••••.••.•••..•.•••••••••••••••••••••••••••••••••.••••.•. 30

TABLE OF CONTENTS

ARTICLE 21 -LEAVE OF ABSENCE ......................................................................... ··········~············· 32

ARTICLE 22 -PAYMENT OF WAGES AND ALLOWANCES ..................................... ~ •••••••••••..••• 36

ARTICLE 23- JOB CLASSIFICATION AND REPRESENTATION ••••••••.•••••••••••••••••••• ; •••• 36

ARTICLE 24- EMPLOYEE BENEFIT PLANS ••••••••••••••• ." ................................................................ 37

ARTICLE 25- PROFESSIONAL DEVELOPMENT AND TRAINING ......................................... .41

ARTICLE 26 -HEAL m AND SAFETY ·:~_ ••••.•••.•..••.• ., ••.••• "··•···r•··.············;; ..................................... 42

ARTICLE 27- GENERAL CONDITIONS ......................................................................................... -42

ARTICLE 28 .- COPffiS OF AGREEJ\.fE.NT ..................................................................... · .••• ~ •••••••••• ~ •• 43 .

~TICLE 29- TERM OF AGREEMENT .......................................................... ~·······.-····· ... -...... _ ....••... 43 .

SCHEDULE "A"- Classifications & Salaries-Windsor.--.•• -. ...... ·-· •••••••..••.•. ~ ..••. 45 • LETTER OF UNDERSTANDING re: Use of Centre •••••••••••••••.•••.•••••••••••••• ~ •••••• ~46

LETTER OF UNDERSTANDING re: Return to Work after Extended Absence ••••••••••••••• 47

LETTER OF UNDERSTANDING re: Health Benefits ••••••••••••••••••••••••••••••••••••••• 411 . .

LETTER OF UNDERSTANDING re: Mary• Beth Sfalcin •••••••••••••••.•••••.•••••••••••••• 49

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ARTICLE 1 -PURPOSE OF AGREEMENT

1.01

1)

2)

3)

4)

5)

It is the purpose of both parties to this Agreement:

To improve relations between the Employer and the Union

and provide settled and just conditions of employment.

To recognize the mutual value of joint discussions and

negotiations in all matters pertaining to working conditions,

employment, etc.

To encourage efficiency hJ, operation. - . --

To promote the morale, well-being and security of all employees in the

bargaining unit of the Union.

To promote and maintain harmonious relations between the Employer

and the members of the Union.

ARTICLE 2- MANAGEMENT RlGHTS

2.01

2.02 a)

b)

The Union recognizes that itis the right of the Employer to exercise

the regular and customary function of the Employer and to direct the

working forces in a fair and reasonable manner, subject to the terms of

this·Agreement. The question of whether any of these rights is limited

by this Agreement shall be decided through the grievance and

arbitration procedure.

The Employer agrees that no employee shall in any marmer, be

discriminated against, nor shall he be coerced, restrained or influenced

on account of membership or non-membership in any labour

organization, or by reason of any activity or lack of activity in any

labour organization, or any other reason.

The Employer shall ensure a workplace free from harassment.

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ARTICLE 2 -MANAGEMENT RIGHTS

2.03 The Employer has the right to make reasonable rules and regulations for the purpose of efficiency and discipline subject to the terms of this Agreement and any appropriate statutes~

The Employer shall supply each member of the Bargaining Unit with an up-to-date copy of such rules and regulations.

ARTICLE 3- RECOGNITION AND REPRESENTATION

3.01 The Employer recognizes the Canadian Union of Public Employees as the sole and exclusive bargai..'ling ag~nt for all emplcyees of C.A. W. C:om.munity Child Care and Developmental Services Inc. in the City of Windsor save and except supervisors and persons above the rank of supervisors and persons for whom any trade union held bargaining rights as of December 2, 1994.

3.02 A) Definitions ofEmployees

(i) Full-time: An Employee who regularly works more than twenty five (25) hours per week.

(ii) Part-time An employee who works up to twenty five (25) hours per weekin a posted part-time position.

(iii) Supply An employee who works up to twenty five (25) hours per week.

B) Classifications

Both Parties recognize the following job classifications within the

Bargaining Unit:

i) ii)

Full Time ECE Part Time ECE

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iii) Supply ECE

b) Dietary i) Full Time Cook

ii) Dietary Assistant iii) Supply Dietary Assistant iv) Student Cook

c) Office/Clerical i) · · Office Secretary ii) Operational Secretary Level II ·

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iii) Supply Office Secretary

3.02 C) Shift Assignments

Both Parties recognize the following shift assignments:

Full Time ECE . Full Time ECE Full Time ECE Part Time ECE- A.M. Part Time ECE- P.M. Part Time ECE- P.M. Full Time Cook Full Time Cook Office Secretary Operational Secretary Level II Dietary Assistant Supply Dietary Assistant Student Cook ·

Days Mid~ Day Evening Mornings~25 hrs. per week Afternoons. -20 hrs. per week Aftemoons-25 hrs. per week Early Morning Days. Days Days Days-20 hrs. per week As needed

Both parties recognize that the above hours are quaranteed for Full and

Part Time staff. Part time staff shall not be entitled to additional hours

beyond their guaranteed shift.

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When available, full time hours will be offered to the pa,rt time staff in

the assigned program: First- Part-Time PM (20 hr.) Second- Part Time AM (25 hr.)

Both parties recognize that the hours of work shall be expanded for the

regular Part Time ECE School Age- 25 hours per week (P.M.) for the

summer school break program and will be compensated at the Full Time ECE wage.

-~~3.93- When t.;.e Employer hires students und:: t.~e Co-operative Student ~ '~" ~"- -

Employment Program or provides work experience for Field Placement

Students. Contact and evaluations for such students shall be performed during

working hours.

3.04 Where the Employer has received approval for funding for Temporary Career

Placement Students, it is agreed that the student will be hired and monitored by •

Administration, therefore, contact time to meet with the student and any

member of the bargaining unit will not be required. The parties agree that such

student will be exempt from the bargaining unit (naniely Article 3.01) and shall

not replace regular employees.

ARTICLE 4 - UNION MEMBERSHIP REQUIREMENT

4.01 Within one month of the signing of this Agreement, all employees of

the Employer shall, as a condition of employment, become and remain

members in good standing of the Union, according to the constitution

and by-laws of the Union. As a condition of employment, all new

employees shall become and remain members in good standing of the

Union within thirty (30) days of employment.

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ARTICLE 5 -CHECK-OFF OF UNION DUES

5.01 As a condition of employment or continued employment, the Employer will deduct from each employee in the bargaining unit an

amount equivalent to the union dues currently in effect in accordance ·

with the Constitution and the By-laws of the Union. The amount so

deducted shall be remitted by the Employer to the National Secretary

Treasurer of the Union on or before the twentieth (20th) day of the

month following the month in which such deductions were made unless otherwise required by law. Such remittance shall be . accompanied by a list of employees on whose be _half the deductions

·were ;nade indicating whetb.exJhf! employees are _fu11-time.or part-time

and a copy shall be' forwarded to the LocalTreasurer.

The Union shall further advise the Employer by the fifth (5th) day of the month in which dues are to be paid of any changes in the amount ·

of dues to be deducted from each employee in the Bargaining Unit

5.02 The Union shall indemnify the employer and save it harmless from any or all claims, demands, actions or causes of action, which may arise. either from deduction of dues as aforesaid or any action taken against

an employee at the request of the Union.

5.03 The Employer agrees to include upon the Income Tax (T-4) slips

which are made available to employees the amount of union dues remitted on behalf of the employee to the Union in the tax year for

which the T-4 slip is issued.

5.04 The Employer agrees to acquaint potential employees with the fact that

a union agreement is in effect and with the conditions of employment

set out in this Article dealing with the deduction of union dues.

ARTICLE 6- UNION ORIENTATION

6.01 On commencing employment, the employee's immediate supervisor

shall introduce the new employee to his/her Union Steward or

Representative. An Officer of the Union shall be given an opportunity

to interview each new employee within regular working hours, without

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ARTICLE 6- UNION ORIENTATION·

loss of pay, for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting the new employee with the benefits and duties of union membership and his/her responsibilities and obligations to the Employer and the Union.

ARTICLE 7- CORRESPONDENCE

7.01 Unless otherwise specified in this Agreement all correspondence between the parties, arising out of this Agreement or incidental thereto, ·

· shall pass to and from the Employer and the Recording Secretary of the Union, with a-copy-to_ the President of the Unio11 and the Union· Steward.

7.02 A copy of any correspondence between the Employer, and his/her designate and any employee in the bargaining unit, pertaining to the interpretation, administration, or application of any part of this· Agreement shall be forwarded to the Secretary of the Union or his/her designate.

ARTICLE 8 -LABOUR MANAGEMENT COMMI'fTEE

8.01 a) The Employer and the Union recognize the need and importance of maintaining communication between employees and management. To this end, the parties agree that at the request of either Party, a meeting be scheduled not more than once every two (2) months to discuss matters or issues relating to the workplace. Such meetings are not intended to replace or interfere with the established Bargaining Procedures or the Grievance and Arbitration Procedures of this agreement.

b) The Labour Management Committee shall be comprised of: i) The President and Steward representing the Union ii) The Centre Administrator and Centre Co-Ordinator for

the Employer. ,

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ARTICLE 8 -LABOUR MANAGEMENT COMMITTEE

Any changes or additions to the composite of the committee shall be

by ri:mtual agreement between the parties. Agreement shall not be

unreasonably withheld. ·

c) Any time spent in Labour Management Meetings beyond the regularly

scheduled shift shall be recognized as straight lieu time.

d) The President of the Local or her designate shall be entitled to twelve

( 12) hotirs per month of straight lieu time to conduct union-related

business .. Any;;se of lieu time shall be at a time to be mutually agreed

upon in order to minimize disruJ>tion to the program.

ARTICLE 9 -UNION OFFICERS AND COMMI1TEES

9.01

9.02

9.03

9.04

Union Bargaining Committee:

A Bargaining Committee of the Union shall be elected, to consist of

not more than three (3) members, one (1) of which shall be a part-time

or supply employee. The Union will advise the Employer of its

appointees and all other members of its Executive. The Employer will

advise the Union of its appointees to act on its behalf.

The Employer shall not bargain with or enter into any agreement with

an employee or group of employees except as provided by this

Collective Agreement.

The Union shall have the right at any time to have the assistance of

representative of the Canadian Union of Public Employees or any

other advisors when dealing or negotiating with the Employer. Such

representative( s) shall have access to the Employer's premises at a

mutually convenient time with prior arrangement with the Employer in

order to investigate and assist in the settlement of a grievance.

The Union acknowledges that committee members have regular duties

to perform on behalf of the Employer and that such employees shall

not leave their regular duties without first obtaining permission to do

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ARTICLE 9- UNION OFFICERS AND CO:MMIITEES

so from their Immediate Supervisor. Permission to leave regular duties shall not be unreasonably withheld by the supervisor it being understood, that meetings shall normally be scheduled to take place outside of regular working hours. Notwithstanding the foregoing, contract negotiations will primarily be conducted during regular . working hours and members of the bargaining committee shall not lose pay for the time spent in negotiations when such meetings occur during their regularly scheduled hours of work.

For a part-time or supply employee, the regular hours of work shall be caloulat.ed-based on the average hours worked in th~pre~eding thirteen (13) weeks. Notwithstanding the foregoing, a part time or supply employee occupying a temporary full time vacancy will be paid the . appropriate full time rate.

ARTICLE 10 - GRIEVANCES AND ARBITRATION PROCEDURE

10.01 A grievance shall be defmed as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement or a case where the Employer has acted unjustly, improperly, or unreasonably.

10.02 The Union may elect or otherwise select one (1) steward and/or alternate to investigate disputes and present grievances as provided for in this article. The Union recognizes that the steward is employed on a regular basis by the Employer and that she will not leave her work during regular working hours except with the prior permission of the Employer. Under normal circumstances, the steward is expected to have any meeting with management or to investigate grievances after regular working hours, unless such meeting or investigation can be done without disruption of care to the children.

Time spent attending meetings with the Employer beyond the regular working day shall be compensated as straight lieu time.

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ARTICLE 10- GRIEVANCES AND ARBITRATION PROCEDURE

10.03

10.04

10.05

The Employer will not recognize any employee as a steward or

alternate until it has received written notice from the union to this

effect. The Union will inform the Employer, in writing of any changes

in the names of the Steward/ Alternate.

An employee who has a complaint shall first discuss it with their

immediate Supervisor. The employee may be accompanied by her

steward if she so desires it. Such complaints shall be brought to the

attention of the Supervisor within five (5) working days of the incident

• .. becoming k_nown to the employee. The Supervisor's decision shall be given verbally within three(3) working days. - . Co·O""~- ~~·

Settling Of Grievances:

An earnest effort shall be made to settle grievances fairly and promptly

in the following manner:

STEP 1:

The aggrieved employee(s) will submit the grievance to her Steward.

If the employees Steward is absent, she may submit her grievance to

the Alternate.

If the Steward and/or Alternate consider the grievance to be justified,

she will first seek to settle the dispute with the employees immediate

Supervisor.

STEP2:

Failing satisfactory settlement within five ( 5) working days after the

dispute was submitted under Step 1, the Union will submit to the

Centre Administrator a written statement of the particulars of the

grievance and the redress sought. The Centre Administrator shall call

a meeting with the Union and the griever within five (5) working days

after receipt of such grievance. The Centre Administrator shall render

his/her decision within five ( 5) working days after the called meeting. ·

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ARTICLE 10 - GRIEVANCES AND ARBITRATION PROCEDURE

10.06

STEP 3:

Failing settlement being reached in Step 2, the Union will submit the written grievance to the Executive Director, who shall call a meeting with the Union and the griever within five (5) working days after receipt of the grievance. The Executive Director shall render her decision in writing within five (5) working days after the called meeting.

STEP 4:

Failing a satisfactory settlement being reached in Step 3, the Union may refer the dispute to Arbitration within thirty (30) days of receipt of the written response from the Executive Director. The days referred to herein do not include Saturday, Sunday or Paid Holidays.

Policy Grievance:·

Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, Steps 1, and 2 of this Article may be by-passed.

10.07 Union May Institute Grievances:

The Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a grievance shaH commence at Step 2.

10.08 Replies in Writing:

Replies to grievances stating reasons shaH be in writing at all stages and directed to the Secretary of the Union with a copy to the President of the Local Union and the Union Steward.

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ARTICLE 10- GRIEVANCES AND ARBITRATION PROCEDURE

10.09 Facilities For Grievances:

The Employer shall supply the necessary facilities for the grievance

meetings.

10.10 Mutually Agreed Changes:

Any mutually agreed changes to this Collective Agreement shall form

part of this Collective Agreement and are subject to the grievance and

arbitration procedure. - -=-- -----~-

10.11 The time limits specified in the Grievance and/or Arbitration

Procedure may be altered upon mutual agreement of the parties to this

Collective Agreement in writing.

ARTICLE 11- ARBITRATION

11.01 Composition of Board of Arbitration:

When either party requests that a grievance be submitted to arbitration,

the request shall be made by registered mail addressed to the other

party ofthe Agreement, indicating the name of its nominee on an

arbitration board. Within fifteen (15) days thereafter, the other party

shall answer by registered mail indicating the name and address of its

appointee to the arbitration board. The two {2) appointees shall select

an impartial chairperson.

11.02 Failure To Appoint:

If the party receiving the notice fails to appoint an arbitrator, or if the

two {2) appointees fail to agree upon a chairperson within thirty {30)

days of their appointment, the appointment shall be made by the

Minister of Labour upon request of either party .

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ARTICLE 11 -ARBITRATION

11.03 Expenses of the Board:

Each party shall pay: 1) The fees and expenses ofthe arbitrator it appoints. 2) One-half(Yl) of the fees and expenses of the Chairperson ..

ARTICLE 12- DISCHARGE. SUSPENSION AND DISCIPLINE

12.01 Discharge and Discipline Procedure:

An empioyc::e may be_ di,missed or disciplined, but-orJy for just-cauBe, -and only upon the authority of the Employer, as defmed in this Agreement. The Employer shall take disciplinary action within five (5) working days of the day the Employer became aware of the incident giving rise to the disciplinary action. Prior to the imposition of discipline or discharge, an employee shall be given the reason in the presence of his/her Steward or Union Representative. Such employee • and the Union, shall be notified in writing within seven (7) calendar

12.02

12.03

12.04

days by the Employer with full disclosure of the reason for such discipline or discharge.

If no agreement is reached in the meeting as outlined in Article 12.01, the discharge or discipline will become effective immediately. The Union may submit a grievance beginning with the Second Step of the grievance procedure. -

The Union may bypass the Second Step of the grievance procedure and such grievance can be referred to the grievance beginning with the Third Step.

Personnel Records:

a) A copy of any completed evaluation which is to be placed in an employees file shall be first reviewed with the employee. The employee shall initial such evaluation as having been read and shall have the opportunity to add his/her views to such

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ARTICLE 12- DISCHARGE. SUSPENSION AND DISCIPLINE

. evaluation prior to it being placed in her file. Evaluations shall

be completed jointly with the employee and their immediate

Supervisor and such evaluatiQns shall not be used or be

considered as part of the disciplinary process by either party.

b) Prior to any document being placed in an employee's personnel

file; the Employer shall make the Employee aware of the

contents of any document. Within five (5) working days, the

Employee shall be entitled to respond to any document and such

:r,sponse shallbe included~in.her file.

c) Upon one (1) day prior written notice, an Employee shall have

the right to have access to and review her personnel file and shall have the right to respond in writing to any documents

contained therein. Such reply shall become part of the

permanent record .

d) Any letter of reprimand, suspension or other sanction will be

removed from the record of an employee after twelve (12)

months of active employment following the receipt of such

letter, suspension or other sanction.

12.05 Crossing Of Picket Lines During Strike:

An employee covered by this Agreement shall have the right to refuse

to cross a picket line or refuse to do the work of striking or locked out

employees. Failure to cross such a picket line or to perform the work

of striking or locked out employees shall not be considered a violation

of this Agreement, nor shall it be grounds for disciplinary action, other

than loss of wages for the period involved. The picket line has to be

from a recognized Labour Union organization. The Union has to be a

member of the Canadian Labour Congress.

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ARTICLE 13 - SENIORITY

13.01 Seniority Dermed:

Seniority is defmed as the date of hire within the bargaining unit. Seniority shall be used in determining preference or priority for promotion, transfer, demotion, lay-off, permanent reduction of the workforce, and recall, and as set out in other provisions ofthis Agreement. Seniority unless otherwise specified shall operate on a bargaining-unit-wide basis. ·

13.02 Seniority List:

The Employer shall maintain a seniority list showing the date upon which each employee's service commenced. Where two (2) or more employees commence work on the same day, preference shall be in accordance with the date of application. An up-to-date seniority list shall be sent to the Union and posted on all bulletin boards in January • of each year.

13.03 Probation For Newly Hired Employees:

13.04

(a) A newly hired full-time employee shall be on probation for a period of six ( 6) months of her employment. After their initial three (3) months of employment, the employee shall be entitled to all rights and benefits of this Agreement. After completion of the probationary period, seriiority shall be effective from the original date ofhire.

(b) A newly hired part-time or supply employee shall be on probation for a period of three hundred and twenty five (325) hours of work. After completion of the probationary period, seniority shall be effective from the original date of hire.

The appointment, selection or promotion of any Employee to a position not subject to the provisions of this agreement is not covered by this Agreement. If a seniority employee is appointed, selected or promoted to a position which is not subject to the provisions of this

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Agreement, for a period of not more than thirty (30) days, she shall retain her seniority accumulated up to the date ofleaving the bargaining unit, but shall not accumulate any further seniority. Such employee shall have the right to return to their former position within twelve (12) months following the appointment, selection or promotion. Following the twelve (12) month period, the employee, if returning to

the Bargaining Unit, will displace the least senior full-time or part-time position provided they have more seniority.

13.05 Seniority-willhe lost a.."ld emplo}'m~nt will be terminated if:

(a) An employee quits or resigns in writing and does not withdraw within tWo (2) days;

(b) An employee is discharged and is not reinstated pursuant to the · grievance procedure and/or arbitration procedure as herein provided;

(c) An employee fails to report for work for three (3) consecutive working days without notifying the Employer and providing a satisfactory reason for such failure

(d) An employee is laid off for a period in excess of twenty-four (24) consecutive months;

(e) An employee who has been laid off fails to return for work within five (5) working days after being recalled without notifying the Employer and providing a satisfactory reason for such failure. Notice of recall which has been sent to the employee by registered mail at her address on the records of the Employer shall conclusively be deemed to have been received by the employee on the third (3rd) day after it was mailed.

(f) An employee accepts other employment while on leave of absence without permission.ofthe Employer;

(g) A supply employee, because of their limited

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ARTICLE 13- SENIORITY

13.06

availability, does not work in any one calendar month where they

otherwise would have had the opportunity to work. The Employer will

maintain a record of all call-ins. Upon request, the Union may review

this documentation.

(h) An employee is off on a WSIB claim and the Employer is informed

that they are able to return to work and fails to do so within three (3)

(i) days without providing a written, satisfactory reason to the Employer.

G) The employee reaches the mandatory retirement age of sixty-five (65).

The last day of employment v.'ill be consid..:red the !:::st rlay afthe

month in which the employee turns sixty-five (65).

As a condition of employment, the Employer will require that all employees be inoculated against the common diseases such as German

measles, polio, small pox, etc. and all diseases that the Ministry of

Community and Social Services and/or Medical Officer of Health may stipulate. Proof of such inoculation must be supplied to the Employer

before any newly hired employee shall be allowed to commence their

probationary period. Similarly, present employees shall be required to

submit proof of inoculations at regular intervals.

In an effort to control the cost of bi-ennial T.B. inoculations, the

Employer agrees to schedule an In-House Clinic annually and provide

staff with adequate notice of the same. Through utilization of a group

provider, the Employer will be offering employees inoculations at a

reduced rate. It is understood that 1 00% of said rate will be borne by

the employee.

In addition, new employees must provide Police clearances as required

by the Ministry of Community, Family and Children's Services and

Children's Aid Society clearance as required by the Employer as per

the personnel policy dated March 1, 1995. New employees must also

provide a current First Aid/CPR Certificate. All proof of documents

must be obtained at no cost to the Employer.

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13.07 As a condition of continued employment, all employees must maintain appropriate First Aid!CPR certification outside the regular working hours, as recognized by the Ministry of Labour. The Employer shall reimburse employees for the pre-approved cost of training upon submission of receipt and original certificate of completion. Each employee shall provide proof of such training annually, by no later than May 30th. Failure to produce the above may result in the cancellation of all hours of work until the appropriate documents are submitted, and may lead to disciplinary action. ·

ARTICLE 14- PROMOTIONS AND STAFF CHANGES

14.01 When a vacancy does occur or a new position is created within the bargaining unit, the Employer shall notify the Union in writing and post notice of the position on the bulletin board used for that purpose for a period of five ( 5) working days for the purpose of permitting any member of the bargaining unit to make an application thereto.

Permanent Full Time or Permanent Part Time employees may post to a temporary position only if it results in a change to posted hours, rate of pay, or shift assignment.

14.02 Information in Postings:

Such notice shall contain the following information: Nature of. position, qualifications, required knowledge and education, skills, shift, hours of work, wage or salary rate or range. In addition to the foregoing, all permanent vacancies and the first (1st) temporary vacancy shall include the work location and classroom assignment for the posting. Such qualifications and requirements shall be those necessary to perform the job function and may not be established in an arbitrary or discriminatory manner .

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14.03 No Outside Advertising:

14.04

14.05

14.06

14.07

14.08 a)

No outside advertisement for any vacancy shall be placed until the applications of present union members have been fully processed.

All appointments and promotions shall be made on the basis of seniority provided the employee has the required qualifications for the position. ·Appointments from within the bargaining unit will be made within three (3) working days after the closure of the posting and the name of the successful candidate will be posted on a bulletin board.

The successful applicant shall be placed on a trial period of up to twelve (12) weeks. Conditional on satisfactory service, the employee shall be confirmed in the position after the period of three (3) months. In the event the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, she shall be returned to her former position, wage, salary rate, without loss of seniority. Any other employee temporarily promoted or transferred because ofthe rearrangement of positions, shall also be returned to her former position, wage and salary rate, without loss of seniority.

The Union shall be notified in writing on a monthly basis of all promotions, demotions, hirings, lay-offs, transfers, recalls, resignations, retirements, deaths or other terminations of employment.

In the event of a leave of absence exceeding twenty {20) working days the Employer shall post such temporary vacant position in accordance to Article 14.01.

"Temporary position" is a position that has been vacated by a permanent employee by virtue of sick leave, maternity leave, leave of absence, etc., exceeding twenty (20) working days.

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i) All temporary positions shall be filled in accordance with Article 14.04. In the event of a known absence (i.e. maternity leave, scheduled sick leave, etc.) the temporary position shall commence on the first (1st) work day following the commencement of the leave. An employee hired to fill a temporary full~ time position shall be paid the full-time rate in accordance to Schedule "A" and shall be entitled to all fringe benefits after the first (1st) day of the next month provided they have completed four hundred and eighty seven ( 487) hours of employment. Such full-time benefits shall be maintained until the last day of the month in which the temporary assignment is comp!eted.

ii) At the expiration of the temporary assignment, the employee shall be entitled to bump into any other temporary which is a minimum of six (6) months in duration provided she has greater seniority. If no· such position exists, the employee shall return to their former position.

iii) In the event of an absence of a full-time employee for any period not exceeding twenty (20) consecutive working days, the available hours of work shall first be offered on the basis of seniority to the part-time employee(s) regularly scheduled in the specific program where the absence occurred and will be paid the full time rate of pay. Any resultllig available hours will be filled in accordance to Article 16.04.

ARTICLE 15- LAY-OFFS

15.01 Definition ofLay-Off: A lay-off shall be defmed as a reduction in the workforce or a reduction in the regular hours of work as defmed in this Agreement.

15.02 Role of Seniority in Lay-Off: Both parties recognize that job security shall increase in proportion to length of service. Therefore in the event of a lay-off, employees shall be laid off in the following order:

1) Probationary employees 2) Supply Employees in reverse order of seniority

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ARTICLE 15 -LAY-OFFS

3) Part-time employees in reverse order of seniority 4) Full-time employees in reverse order of seniority

Recalls shall be in reverse order of the above.

15.D3 A full-time employee who is laid off shall have the right to bump a part-time or supply employee within the classification affected by layoff, provided the part time or supply employee has less seniority. Part-time and supply employees shall not be entitled to bump up into a full-time position re~ardless of seniority.

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15.04 No New Employees:

New employees shall not be hired until those laid off have been given an opportunity of recall.

15.05 Benefits on Layoff:

Any employee who is laid off shall maintam existing benefits and the Employer will maintain any existing agreement to provide payment for benefits for a period not exceeding the calendar month in which they were laid off. Such employees shall be entitled to maintain Green Shield benefits for the remainder of the layoff at t..l:!e employees expense provided the employee pre-pays the cost of the benefit premiums one month in advance. Should the employee fail to pre-pay the benefit premiums each month, the Employer may terminate the benefits for the remainder of the layoff.

15.06 Notice ofLay-off:

Unless legislation is more favourable, the Employer will give the Union and the affected full-time and part-time employees notice of lay-off in writing at least thirty (30) calendar days in advance of such lay-off. In the event of unexpected auto industry lay-offs, prior to

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ARTICLE 15- LAY-OFFS

giving notice of lay-off to affected employees, the Employer shall frrst

offer to all employees, in order of seniority:· a) use of banked overtime b) c)

use of vacation time voluntary unpaid leave Lay-offs caused by fire, flood or other emergencies beyond the control of the Employer shall not be subject to the foregoing.

ARTICLE 16- HOURS OF WORK

16.01 (a) Full-time:

The regular working hours shall be thirty-seven and one half (3 7 .5) hours per week. ·Regular working hours for all full-time employees will be between the hours of 5 :3 0 a.m. and 1 :00 a.m., Monday to Friday, inclusive. The regular workday is comprised of an eight (8) hour maximum, which includes a one (1) hour eating period, half of which is paid.

(b) Part-time and Supply:

The regular working hours will be between the hours of 5:30am and

1:00am, Monday to Friday, inclusive. The regularly scheduled hours

of work shall not exceed twenty-five (25) hours per week.

(c) Prep Time:

Paid prep time will be granted to full time and part time Early Childhood Educators on a bi-monthly basis in conjunction with the bi

monthly staff meetings, and will receive up to one (1) hour lieu time as

compensation for the prep time upon submission of prep completed.

16.02 Paid Rest Period:

(a) Full-time employees:

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16.03 A)

An employee shall be permitted a paid rest period of fifteen (15) consecutive minutes in both the first half and the second half of each scheduled work period in an area made available by the. Employer.

(b) Part-time and supply employees:

An employee shall be permitted paid rest period(s) for the following: ·

i) After thr-eeo€3}hours of work- Efteen (15} conse~utive minutes, or;

ii) Five (5) hours of work or more- thirty (30) consecutive minutes, or;

iii) Six ( 6) hours of work or more - One half (Y:z) hour unpaid • lunch break and two (2) fifteen (15) minute breaks, or;

iv) Seven (7) hours of work or more get one{l) hour lunch break, half of which is paid, and scheduled as either one ( 1) full hour or half mid-shift, half at the end of the shift, and two (2) fifteen (15) minute breaks. ·

The Employer shall maintain child/staff ratios in accordance with the Day Nurseries Act as follows:

NUMBER OF STAFF REQUIRED FOR A DAY NURSERY OTHER THAN ADA Y NURSERY FOR HANDICAPPED CHILDREN

Day Nurseries Act--Revised Statutes of Ontario, 1990 chapter D.2 and the following Regulation (as amended): General (R.R.O.,Reg.262) September, 1993 Schedule 3, RL29

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ARTICLE 16 -HOURS OF WORK

Ages of Children Ratio of Employees Maximum Number of In Group To Children Children in Group

Under 18 months of age 3 to 10 10

18 months of age and 1 to 5 IS over up to and including 30 months of age

More than 30 months of 1 to 8 I6 age up to and including 5 - -- - - . . yearsofage -

Over 5 years of age and I to I2 24 less than 6 years of age .

6 years of age and ovei: I to IS 30 up to an including I2 years of age .

16.03 b) The Employer intends to maintain the child/staff ratios in accordance with the Day Nurseries Act (Ont.). Given that there are exceptional circumstances, the Employer will seek to continue current practices and exceptions where permissible by the Ministry of Community and Social Services.

16.04

16.05

Scheduled hours of work and call-in hours of work for Supply employees shall be distributed by seniority, when possible and available, provided continuity of care for the program is maintained. If no one is available to work the Employer maintains the right to schedule the employee with the least seniority.

Part-time employees shall not be scheduled split shifts. The Employer will attempt to avoid split shifts for Supply employees, if possible. If a split shift is necessary, the Employer will offer the hours to the seniority employee(s) in accordance with Article 16.04.

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In the event that no staff are available to work a necessary split shift, the Employer reserves the right to assign such shift in reverse order of seniority.

16.06 Work schedules shall be posted one (1) week in advance on a weekly· basis no later than I :00 pm of every Monday. Once the schedule is posted no changes shall be made causing any reduction in the scheduled hours of work. No work schedule shall be less than three (3) consecutive hours save and except the schedule of the student

c,x ~~~~- .. COOK.

Any staff requests for time off must be submitted to the Centre CoOrdinator no later than noon on Tuesday prior to the schedule being posted.

Supply employees are required to provide written notice to the Centre • Co-Ordinator by no later than noon on the Tuesday prior to the posting of the schedule if they are unable to accept any split shifts.

ARTICLE17-0VERTIME

17.01 Overtime Defrned:

Lieu Time Policy: Lieu time will be granted upon approval by the employee's immediate Supervisor under the following conditions: ARTICLE 17- OVERTIME

i) time and one-half (I Yl) is to be granted for any approved overtime, beyond a thirty-seven and one half(37.5) hours work week.

ii) accumulated lieu time shall be granted at the employees request upon the approval of their immediate Supervisor. Such approval shall not be unreasonably withheld

iii) Employees shall carry over to the following year any accumulated lieu time not used at the end of a calendar year at the discretion of the Centre Administrator.

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ARTICLE 17- OVERTIME

• .17.02

iv) The regular bi-monthly staff meetings and regular monthly team

meetings will be recognized as straight lieu time for staff scheduled

to attend. Straight lieu time will be notated after meeting minutes

have been received and reviewed by Administration.

v) Mandatory parent nights will be recognized as straight lieu time.

vi) Accumulated lieu time shall not exceed thirty-seven and one half

{37.5) hours at auy given time. When an Employee reaches thirty-five

(35) hours• of accumulated lieu time, the Centre Co-Ordittator shall

schedule a meeting with the Employee to plan for the utilization of lieu

time at a mutually agreeable time. In the event that agreement is not

reached, the Employer maintains the right to schedule the use of

accumulated lieu time within a one month period in order to bring the

balance back to the thirty-five (35) hour threshold .

A part-time or supply employee who accumulates lieu time while

working in a temporary full time position shall utilize accumulated lieu

time prior to returning to their part time position. . In the event that no

appropriate time may be scheduled, the employee shall be given the

opportunity to carry over any unused accumulated lieu time, paid at the

rate it was earned, upon their return to their former position.

ARTICLE 18 - PAID HOLIDAYS

18.01 (a) All employees shall be entitled to the following paid

Holidays:

New Years Day Good Friday Easter Monday Victoria Day Canada Day·

Labour Day Thanksgiving Day Christmas Day Boxing Day

In addition to the foregoing, Employees shall be entitled to:

-the Friday preceding Victoria Day (on even numbered years).

-the Friday preceding Labour Day.

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ARTICLE 18- PAID HOLIDAYS

Supply employees shall be entitled to the above-listed paid holidays provided that the employee has worked a minimum often (10) shifts in the preceding thirty (30) calendar days prior to the holiday~

All employees must work their scheduled shift before and after the holiday or submit proof of illness for their absence with a doctors note at no cost to the Employer. ·

(b) "

Scheduled Paid Absences T . d ~·' 0 t th -" ,· 11 ~ t1 ' d 1 art. ,j,' ni-a umon o e 10regomg, "'H ruu-~rme an regu ar p ~.nne·" ~- ·· employees shall be entitled to the followi.':lg Scheduled Paid Absences:

December 28, 29, 30, 2005 December 27, 28, 29, 2006 December 24, 27, 28, 31,2007

In the event there is a demonstrated need for child care services on either the Friday preceding Victoria Day (on even numbered years), or the Friday preceding Labour Day or during Scheduled Paid Absences the Employer shall have the right to schedule employees to work, in reverse order of seniority, at the regular rate of pay. ·

18.02 Any employee whoworks on any ofthe holidays as outlined in 18.01 a) shall receive time· and one-half ( 1 Y:z) the regular rate for all hours worked on such holiday in lieu time addition to the regular pay, or a day off with pay mutually agreed upon between the employee and the Employer.

ARTICLE19-VACATIONS

19.01 Policy- Each employee shall take her vacation at a time agreed upon by the Centre Co-Ordinator or Centre Administrator. Insofar as possible, the vacation

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period shall be scheduled to suit the mutual convenience of the employee and the , C.A.W. Community Child Care and Developmental Services Inc ..

(a) In computing vacations, a working day means a normal business day,

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ARTICLE 19- VACATIONS

Monday to Friday, inclusive. Saturdays, Sundays and holidays are not

considered business days. When a statutory holiday falls within the

vacation period, it will not be included as part of the vacation period.

(b) Vacation time will not be granted for less than three (3) months of

service.

(c) Requested vacation time to commence between the months of January

and June must be submitted to the Centre Co-Ordinator by October

3181 of the preceding year, The Centre Co-Ordinator will submit a

Vacation schedule for recommendation and approval to the Centre

Administrator for fmal approval by December 15th of that year.

Requested vacation time to commence between the months of July and

December must be submitted to the Centre Co-Ordinator by March 3181

of the year in which it falls. The Centre Co-Ordinator will subnrit a

vacation schedule for recommendation and approval to the Centre

Administrator for fmal approval by May 15th. Changes to the

approved schedule must be submitted to the Centre Administrator,

when possible, at least thirty (30) calendar days in advance of the

requested change. The decision of the Centre Administrator shall be

rendered within five (5) days after the request is submitted.

(d) Any requests for time off; including vacation and use of

banked overtime, which are submitted after October 31st, for the first

period, and March 31 81, for the second period, will be considered for

approval based on the date on which it is submitted. ·

19.02 (a) Vacation for permanent full-time employees:

The qualifying period for vacation calculation shall be considered to be the

preceding calendar year.

With at least three (3) months Full time service and less than one (1) year at

January I st, vacation will be granted at the rate of one (I) day for each

month of service up to a maximum of nine (9) working days vacation with

pay. With one (I) year of service and less than three (3) years of service at

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ARTICLE I9- VACATIONS

December 3I st, each employee will be granted eleven (II) working days vacation with pay. With three (3) years of service and less than six (6) years of service at December 3I st, employees will be granted fifteen ( I5) working days vacation with pay.

I year 2 years 3 years 4 years 5 years

·-~ .. ~.-~-"-

II vacation days II vacation days I5 vacation days I5 vacation days I5 vacation days .

For each succeeding year of employment, an additional day of paid vacation will be granted. For example:

6 years 7 years 8 years 9 years 10years 11 years 12 years 13 years 14 years 15 years 16 years

16 vacation days 17 vacation days 18 vacation days 19 vacation days 20 vacation days 21 vacation days 22 vacation days 23 vacation days 24 vacation days 25 vacation days 30 vacation days maximum.

19.02 (b) Vacation for part-time and supply employees:.

. Less than I year of service One year of service Two years of service Three years of service

4% of earnings 4% of earnings + 10 unpaid days 4% of earnings + 10 unpaid days 6% of earnings + 15 unpaid days

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19.02 (c) When a part time employee is successful in obtaining a permanent full · time position vacation pay will be pro-rated as per b) above, at the end of the calendar year.· Unpaid days of vacation entitlement will be based as per (b) above, less vacation days with pay as per the following: ·

With at least three (3) months of permanent full time service and less than one (1) year at January 1st, vacation will be granted at the rate of one (1) day each month of permanent full time service up to a maximum of nine (9) working days vacation with pay. .

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19.03

With one (1) year of service or more at the rate of one (1) day each m~nfu--~ of permanent full time service up tO a maximum of eleven (11) working days vacation with pay.

After the first full calendar year of permanent full time service; such employee will be entitled to vacation as per 19.02 a) with years of service calculated from date of hire.

Vacation qualification will be calculated January 1st of each year. The vacation dates for staff will be arranged as close to the employees request as possible considering the seniority of other employees within the same classification and the needs of the Program. Vacation requests for full weeks will be given priority of consideration over requests for single days. .

19,04 Vacation credits will be calculated for all employees in the bargaining unit from date ofhire.

19.05 All Employees shall be required to take their vacation entitlement in the

qualifying year.

19.06 Approved Leave of Absence During Vacation:

Where an employee qualifies for bereavement during her period of vacation, there shall be no deduction from vacation credits for such absence. The period of vacation so displaced shall either be added to the vacation period or reinstated for use at a later date, at the employees option.

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19.07 Vacation pay will be paid on the last pay preceding the commencement of the vacation upon written request, submitted no later than the Tuesday prior to the pay period.

ARTICLE 20- SICK LEAVE PROVISION

20.01 Sick Leave Policy

(a) Full-time employees will earn sick leave at the rate of one (1) day per month of employment up to a maximum of twelve (12) days per year. Part-time employees will earn sick leaveat the rate of one (I) regular shift per month up to a maximum of twelve (12) regular shifts per year.

(b) Sick leave may accumulate from year to year to a total of ninety (90) days.

(c) Sick leave shall not be taken in advance of being earned, unless otherwise approved by the Centre Co-Ordinator or Centre Administrator.

(d) No pay will be granted at time of termination for any earned and unused sick leave.

(e) Sick leave is taken only for employee illness or illness in the employee's iriunediate family. The "iriunediate" family is defmed here as: spouse (husband or wife); (also common-law relationships) and child (including foster child or legal ward).

Medical appointments shall be scheduled outside of regularly scheduled shifts whenever possible. Iri situations where it is not possible (e.g. specialist appointment), the employee will work in conjunction with Administration to minimize the absence. Employees may be requested in advance to provide a doctor's note to verify approved time off for medical appointments.

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ARTICLE 20- SICK LEAVE PROVISION

(f) Absence due to serious illness extending beyond accumulated sick time may be extended as a leave of absence as per Article 21.01. Employees are required to provide weekly updates regarding their condition to the Centre Administrator unless a doctor's note indicates a specific period of absence.

(g) Employees may be requested to present a doctor's note stating the reason for their absence and that they are fit for work after being ill.

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(h) The Employer will incur fifty {50%) of the cost for any requested doctor's note to a maximiun of fifteen ($15.00) per note.

(i) An employee who uses five (5) or less sick days in a calendar year of twelve (12) months of active employment in a posted position, will be entitled to an "Attendance Bonus" of two hundred dollars ($200.00) payable on the last pay period in January of the following year.

G) Any staff who is absent due to illness the day before or the day after a scheduled absence, will be required to provide a doctor's note at no expense to the Employer.

(k) Payment for sick days will only be provided upon receipt of any requested doctors notes, which must be submitted prior to noon on the first business day of the payroll week.

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ARTICLE 21 -LEAVE OF ABSENCE

21.01 Upon application in writing to the Centre Administrator, the Employer

may in its discretion grant leaves of absence to employees without pay

and without loss of seniority for personal reasons. Such requests for

leave of absence shall not be unreasonably withheld. Requests for a leave of absence for vacation purposes would require employees to use

up their vacation credits. first.

Requests for a leave of absence for any purpose would require employees to use up their vacation and banked overtime credits frrst.

Personal leaves may include, but are not limited to, compassionate leave, extended sick leave, or educational leave (provided course of study is directly related to children's services).

Requests for leave of absence will be considered in order of seniority .

Requests for leave of absence for educational purposes must be submitted at least four ( 4) weeks in advance. Such notice may be waived in cases of emergency. Requests must include the date the leave is to commence, as well as the date the leave is to conclude.

Leave of absence for educational reasons will be limited to not more than one (1) employee per calendar year in duration. Employees on an approved leave of absence for educational reasons will provide proof of acceptance at the educational facility /program, as well as proof of attendance/completion. ·

A leave of absence which extends beyond a one (1) month period shall be without benefits, save and except maternity/parentalleaves and extended sick leaves. Staff on an extended sick leave shall maintain benefits until the one hundred and twentieth (120th)

consecutive day of illness. Vacation credits will be pro" rated for the ·

following calendar year if the leave of absence exceeds one (1) month

save and except maternity/parentalleaves.

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ARTICLE 21 -LEA VB OF ABSENCE

21.02 The Employer shall, when presented with a request in writing from the

Union, at least two (2) weeks in advance of when the leave of absence

is to commence, grant a leave of absence without pay but with benefits

to an employee for the purpose of Union business such as conventions,

delegations and seminars. The request shall state the purpose of the

leave of absence and the length thereof.

An employee who is elected or selected for a full-time position with

the Union, or any body with which the Union is affiliated, shall be

granted leave of absence without pay a11d benefits and with no loss of

seniority on request for the period of her term of office.

21.03 Leave of Absence for Public Office:

a) The Employer recognizes the right of an employee to participate in public affairs. Therefore, upon written request, the Employer shall allow leave of absence without pay and benefits so that the employee may be a candidate in federal, provincial, or municipal elections.

b) An employee who is elected to public office shall be allowed leave of absence without pay and benefits and with no loss of

seniority during her term of office.

21.04 Bereavement Leave:

(a) Absence due to death (bereavement time) in the employees

immediate family shall not be longer than:

i) Five (5) days absence with pay in the event of a death of an employee's spouse or child, also common-law relationships.

ii) Three (3) days absence with pay in the event of a death in the employee's extended family. "Extended Family" shall include only the employees father/father-in• law, mother/mother-in-law, brother/brother-in~law, sister/sister-in-law, daughter/daughter-in-law,

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ARTICLE 21- LEAVE OF ABSENCE

grandparents/grandparents-in~law, grandchildren, also common-law rehitionships.

(b) A maximum of one (1) day absence will be allowed for attendance at funerals not covered above. This time may be deducted from accumulated lieu time, vacation time or without pay.

(c) P3rt-time employees shall be entitled to paid bereavement leave as herein described provided the employee was previously scheduled to work.

21,05 Pregnancy and Parental Leave

(a) Leave due to Pregnancy or Parental shall be granted in accordance with The Employment Standards Act (Ontario) save and except where the following provides a greater benefit.

(b) All employees who have been an employee for a period of thirteen (13) weeks preceding the estimated day of delivery are eligible for unpaid maternity/parental leave of thirty-seven (37) weeks. Upon four (4) weeks written request, full-time and parttime employees shall be permitted to extend such leave to a maximum ofone (1) year. This request must indicate the employee's date of return. Full benefits will be maintained.

(c) An employee who is entitled to the leave is required to give her Employer two (2) weeks notice in writing of the date the leave is to begin, and may be requested to provide a medical certificate estimating the date of delivery.

(d) If an employee on maternity leave or parental leave wishes to change the date of return, they must give the Employer four ( 4)

weeks written notice.

(e) The employee who has unused vacation may use this in addition to pregnancy/parentalleave.

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ARTICLE 21 - LEAVE OF ABSENCE

(f) Upon return to work, the employee shall be reinstated to the position the employee held at the time t_he leave commenced, if it still exists, or to a comparable position, if it does not, the reinstated employee shall be entitled to be paid the wages the employee was earning at the time the leave commenced, or the wages the employee would.be earning if the employee worked throughout the leave, whichever is greater.

(~) . While an employee is on leave, the Employer must continue to msh-E.'tlployer contribytip.r~ to pension, life insurance _ accidental death, extended health and dental plans unless the employee has advised the Employer, in writing, that they do not wish to continue to make the employee contributions (if any) to such plans.·

(h) A male employee of the bargaining unit shall be allowed two (2) days off with pay on the occasion of the birth or legal option ofhis child. ·

21.06 Paid Jury or Court Witness Dutv Leave:

The Employer shall grant leave of absence without loss ofseniority or benefits to an employee who serves as juror or witness in any court. The Employer shall pay such an employee the difference between normal earnings and the payment received for jury service or court witness, excluding payment for travelling, meals, or other expenses. The employee will present proof of service and the amount received. Time spent by an employee required to serve as a court witness in any matter arising out of her employment other than for Arbitration hearings, shall be considered as time worked at the appropriate rate of pay.

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ARTICLE 22- PAYMENT OF WAGES AND ALLOWANCES

22.01 Pay Days:

The Employer shall pay salaries and wages bi-weekly for the current week in accordance with Schedule "A" attached hereto and forming part of this Agreement. On each pay day each employee shall be provided with an itemized statement of her wages, overtime, and other supplementary pay and deductions.

The Employer may not make deductions from wages or salaries unless authorized by statute, court order, arbitration order or by this Agreement.

ARTICLE 23- JOB CLASSIFICATION AND RECLASSIFICATION

23.01 Job Description:

23.02

The Employer agrees to draw up job descriptions for all positions for which the Union is bargaining agent. These descriptions shall be presented and discussed with the Union and shall become the recognized job descriptions unless the Union presents written objection within thirty (30) days. If such objection cannot be resolved the issue may be subject to the grievance and arbitrationprocedure.

Restrictions On Contracting Out: . .

In order to provide job security for the members of the bargaining unit the Employer agrees that all work or services performed by the employees shall not be sub-contracted, transferred, leased, assigned or conveyed, in whole or in part, to any other plant, person, company, or non-unit employee. Administrative staff may perform the duties of clerical/office staff for purposes of relieving lunches, breaks, or

unforeseen emergencies.

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ARTICLE 23- JOB CLASSIFICATION AND RECLASSIFICATION

23.03 The parties promote the creation of full-time employment therefore, the Employer agrees that the number of full-ti.'TI.e positions shall not be eliminated or decreased by the creation or increase in part-time positions.

23.04 All Program staff shall be qualified Early Childhood Educators or shall have attained equivalency status by the Association of Early Childhood Educators (Ontario) or be deemed equivalent by the Ministry of Community and Social Services.

ARTICLE 24- EMPLOYEE BENEFIT PLANS

24.01 Annual Employee Benefit Statement:

The Employer shall provide each employee, in the months of January/ApriVJuly/September each year, in writing, with the benefits received, including sick leave, vacation credits and lieu time, accrued by an employee.

24.02 All full-time employees who at December 31st of their first year of employment have completed their three (3) month waiting period shall receive funds equal to six and one half(6.5%) percent of their actual gross earning for each completed month of full time service in the form of a Registered Retirement Savings Plan (R.R.S.P.). All contributions shall remain in the plan for a period of not less than one (1) year.

24.03 Health Benefits:

(a) Full-time Employees: The Employer agrees to pay the full premium for all full-time employees covered by this agreement, and employees dependents for: Extended Health Service; Dental; Vision; Audio; Prosthetic; Semi-Private; Prescription and Nursing Home Care Insurance Plans. Such plans will be provided through Green Shield Prepaid Services Inc.

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ARTICLE 24 -EMPLOYEE BENEFIT PLANS

Extended Health Services Plan "CF": DENTAL - Annual maximum up to one thousand eight hundred dollars ($1,800.00)

VISION - Vision Plan "A" - Limitation: Lenses or frames only once in evecy twenty four (24) month period

AUDIO Audio Plan "H4" -Limitation: Only once in any consecutive twenty-four (24) mont.~ period ~~. - "

PROSTHETIC & DURABLE :MEDICAL EQUIPMENT - Prosthetic Plan "PJ"

SEMI-PRIV A1E - Semi Private Plan "5"

PRESCRIPTION - Prescription Plan "7"

. .

NURSING HO:ME CARE INSURANCE PLAN -Nursing Home Care Plan "N4"

MEDEX - Direct pay provision where available

'

39

ARTICLE 24 -EMPLOYEE BENEFIT PLANS

(b) Part-time, and Supply Employees:

The Employer agrees to pay seventy-five (75%) percent of the

premiums for employees in a permanent part time position with five

(5) years of service or more, covered by this agreement, who elects to

contribute the remaining twenty-five (25%) percent of the premium for

any or all of the health benefits listed.

The Employer agrees to pay fifty percent (50%) ofthepJ~nnum for

any part-time and supply employee covered by this agreement who

elects to contribute the remaining fifty percent (50%) of the premium

for any or all of the health benefits listed under (a) above. Changes to

such benefits may only be made once in a calendar year, during the ·

month of December, to become effective for January of the following

year.

(c) Retired Employees

TheEmployer agrees to pay fifty (50%) per cent of the premiums for

retired full time employees, who have worked ten (10) years for CAW

Community Child Care and Developmental Services Inc. prior to the

commencement of their retirement and still employed at age sixty-five

(65), who elect to contribute the remaining fifty (50%) per cent of the

cost of premiums for any or all of the health benefits listed.

a. Changes to Benefits

The employer agrees to make available all forms required to for

employees to request changes to benefits. It is the responsibility of the

employee to submit any requested changes to benefits. Requests for

changes to benefit coverage that are submitted prior to the 15th day of

the month will become effective on the first day of the following

month. Requests submitted after the 15th day of the month, will be

delayed by one further month.

40


24.03 ( con't) The parties hereto agree to understand that the Green Shield Benefits provided to those employees of CUPE Local3677 are driven by those benefits as provided and negotiated by the National Union of the Canadian Auto Workers. At anytime that CUPE Local3677 is no longer covered under the Green Shield benefit package, the current benefits shall be maintained until such time as the parties reach agreement on a new benefit package.

24.04 Insurance Program;

The Employer agrees to pay t.1.e full cost of the premiums for the following benefit plan for all regular full-time employees covered by this agreement for;

LIFE AND ACCIDENTALDEATII AND DISMEMBERMENT ..a (AD&D) _.,.

Twenty five thousand dollars ($25,000.00)

DEPENDENT LIFE - Eligible Spouse; . Five thousand dollars ($5,000.00)

Eligible Children: Two thousand five hundred dollars ($2,500.00) .

LONG TERM DISABILITY (L.T.D.)

Two-thirds (2/3) of monthly earnings to the next higher one dollar ($1.00) to a maximum benefit of four thousand dollars · ($4,000.00) per month.

Amount ofL.T.D. over three thousand one hundred dollars ($3,100.00) will be issued only after satisfactory evidence of insurability has been approved by the carrier.

Benefit Commencement: one hundred and twentieth ( 120th) consecutive day of disability

..

41


Maximum Benefit Period: To age sixty-five (65) or prior recovery

C.P.P./Q.P.P. Offsets: Primary

24.04 Insurance Program (con't)

24.05

All benefits termi..'late on the sixty-fifth (65th) birthday, or retirement, if earlier. · · · · ·

-----:-··~,--=--===--.

Employees working a minimum of thirty (30) hours per week are eligible for coverage.

Maximum age for dependent children; twenty-one (21) years, but twenty-five (25) years if in school full time.

Employees shall be entitled and given enrollment priority provided space is readily available to all services of the In-home Program of the C.A.W. Community Child Care and Developmental Services Inc. at the C.A.W. memberrate;

24.06 Any part time or supply employee who has completed four hundred and eighty-seven ( 487) paid hours of service, who then obtains a .· permanent full time position shall be entitled to fringe benefits on the first day of the first month following the commencement of the position.

ARTICLE 25 - PROFESSIONAL DEVELOP:MENT AND TRAINING

25.01 All employees (save and except the Student Cook) shall participate in a Professional Development day, in odd numbered years, on the Friday preceding Victoria Day and shall be compensated for seven and one half (7 .5) hours at their regular rate of pay. The agenda for the day shall be at the discretion of the Employer.

42

ARTICLE 26 -HEALTH AND SAFETY

26.01 Co-Operation on Safety:

The Union and the Employer shall co-operate in promoting and improving rules and practices which promote an occupational environment which will enhance the physiological and psychological conditions of employees and which will provide protection from factors adverse to employee health and safety. There shall be no discrirni.TJ.ation, no penalty, no intimidation·and no coercion when employees comply with thi.s_JI~alth and Safety Article, or The Occupational Health and Safety Aet of Ontario. ·

ARTICLE 27- GENERAL CONDITIONS

27.01 Bulletin Boards:

The Employer shall provide bulletin boards which shall be placed so • that all employees will have access to them and upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees.

27.02 Present Conditions To Continue:

27.03

27.04

All rights, benefits, privileges, customs, practices and working conditions which employees now enjoy, receive or possess shall continue; insofar as they are consistent with this Agreement, unless modified by mutual agreement between the Employer and the Union.

The Employer agrees to indemnify all employees and save them harmless from any and all damages or injuries or accidents done or caused by them during the performance of their duties, excluding wilful and malicious damage. Legal counsel when required will be provided by the Employer.

Plural or Feminine Terms May Apply:

Whenever the singular, masculine, or feminine is used in this Agreement, it shall be considered as if the plural, feminine or

43

ARTICLE 27- GENERAL CONDITIONS

masculine has been used where the context of the party or parties hereto so require.

ARTICLE 28- COPIES OF AGREEMENT

28.01 The Union and the Employer desire every employee to be familiar with the provisions of this Agreement and her rights and obligations under it. For this reason the Employer shall print, at his_own costs, sufficient copies of the Agreement within thirty (30) days of signing.

ARTICLE 29- TERM OF AGREEMENT

29.01 Duration:

29.02

29.03

29.04

This Agreement shall be binding and remain in effect from October 1, 2005 to September 30, 2008 and shall continue from year to year thereafter unless either party gives to the other party notice in writing that it desires to revise or amend the Collective Agreement.

Any changes deemed necessary to this Agreement may be made by mutual agreement at any time during the existence of this Agreement.

Notice Of Changes:

Either party desiring to propose changes to this Agreement shall, within the ninety (90) days prior to the termination date, give notice in writing to the other party of its desire to revise or amend the Agreement.

Where notice to amend the Agreement is given, the provisions of this Agreement shall continue in force until a new Agreement is signed, or the right to strike occurs, whichever occurs first.

44

ARTICLE 29- TERM OF AGREEMENT

IN WITNESS WHEREOF the parties hereto have hereunto afiiXed their

corporate seals, duly attested by the hands of their proper officers in that

behalf, respectively. . jf· 2oo o

DATEDTIDS fl'f~k DAYOF F'ekcua'7) ~0'5.~

The Canadian Union of Public Employees Local3677

C.A.W. Community Child Care ·& Dev, lopmental Services Inc.

- -£"-_

•

45

Schedule A

w1.jiJ]:-:::-.. ::::::::-:<.::.:::.-:::::~_--:-:.::::: ::-::::1]~~-wl :::~@~~:: ::: .. WM1it:::::: :::i:~~m::: ::::.:::.l'i~~:.:.:·.:: >1Wtl;~y:: :-: .. rz;t.i!-:.: ::::i'i~:~.:-: ::l[~li::: -mf#Wt:: .... "" 1· • ~¥~ I «.ool 0.221 0.43 0.22 2bo

PT ECE 18.93 0.19 0.38 0.19 20.--

1FT COOK I 17.771 0.18; 0.36 0.18 19 PTCOOK 14,63 0.15, 0.29 0.15 15.

~TUDENT COOK I 7.881 0.08' 0.16 0.08 18.0 0.181_ 0.36 0.19

>TIONS SECRETARY 24.9 0.00\ 0.50 I 25.43 I - I. 0.) I I ~).~4 I - I U.)~ I l6.4b

The parties agree to the following increases:

Effective October I, 2005 Base Wage increase Pay Equity increase



CAW Co Develop

''unity Child Care and ntaJ Services lnc.j

2% increase on all rates I% increase added to the bru;e on all eligible rates covered under the Pay Equity Plan

2% 'increase on all rates l% increase added to the base on all eligible rates covered under the Pay Equity Plan

2% increase on all rates 1% increase added to tl1e base on all eligible rates covered under the Pay Equity Plan

The Canadian Union of Public

Employees Local 3677

1/27/2006 Proposed schedule A 2005

•

•

•

46

LEITER OF UNDERSTANDING --·.between

C.A.W COMMUNITY CHILD CARE AND DEVELOPMENTAL SERVICES INC.

and THE CANADIAN UNION OF PUBLIC EMPLOYEES

AND ITS LOCAL 3677

May28, 1998 CAW Child Care Centre Staff

~& ~<~~?«--

Greetings, · ' .• /

In CAW Child Care Centres in Windsor and Oshawa, there have been requests by the /

child care staff to get care for their children in our Centres.

Our policy must be that these Centres were negotiated by our Union for the benefit of

CAW members in the Big Three auto companies. CAW children are the prioritv and this •

cannot change.

However, as a temporary measure, in a CAW managed Child Care Centre that is under

utilized and has openings, the child care Centre staff will be allowed to put their children

in the Centre, after all CAW members have been accorrunodated. The fees would be the

same as for CAW members' children. Once the Centre staff children ·are using the

Centre, should the Centre then fill up, and there areCA W members' children who are

asking for care, the children of the Centre staff would have to give up the spot to the

CAW members' child. This exchange would operate oil a last child in, first child to be

replaced principle.

This temporary measure is designed both to increase the utilization of our Centres and to

assist where possible, the staff who work in our Centres and provide such high quality

child development; ·

DATEDTIHS G~

The Canadian Union of Public Employees Loca13677

'2005.

C.A.W. Community Child Care & Dev opmental Services Inc •

47

LETTER OF UNDERSTANDING _____ _ __ petween_~ __

C.A.W COMMUNITY CHILD CARE AND DEVELOPMENTAL SERVICES INC.


AND ITS LOCAL 3677

AGREE TO RENEW:

When an employee returns to work following an absence due to maternity leave, sick leave, leave of absence, absence pursuant to 13.04, or any other approved leave, the employee shall be reinstated to the position and classroom assignment the employee held at the time the leave commenced, if it still exists, or to a comparable position, if it does not.

Dated in Windsor this 13th day of December, 2005.


C.A.W. Community Child Care & Devel pmental Services Inc.

{) 48

LETTER OF UNDERSTANDING _____________ between

C.A. w coMMUNITY==~cHTI.,=-=n--=c:-:ARE--=-=,--,AND-=-==---DEVELOPMENTAL SERVICES INC.


AND ITS LOCAL 3677

It is agreed by the parties, that within thirty (30) days of the signing.ofthis Agreement, that the Employer will forward a letter to the Administrator of the umbrella organization responsible for Green Shield benefit coverage, requesting that upcoming negotiations include an amendment to current Vision coverage compensating the members for the cost of biennial eye exams to a maximum of$75.00.

A copy of such letter will be provided to the Union, at which time this letter of agreement will cease to become a permanent document in the Collective Agreement.

Signed in Windsor this 13th day of December, 2005.

The Canadian Union of Public Employees Local 3677

C.A.W. Community Child Care & De\1 lop mental Services Inc.

49

Memorandum of Agreement

between

C.A.W. Child Care

and

C.U.P.E. and its Local3677

1) The parties agree that, notwithstanding Article 21.01, Mary Beth Sfalcin shall be entitled to the current Green Shield package as outlined in Article 24.0 of the Collective Agreement untii September 2008. This agreement is made without precedent to future situations for this or other employees covered under this Agreement.

2) In agreement with the Union, the Employer agrees to pay 50% of the cost of premiums for single coverage for only those benefits required by Mary Beth Sfalcin and outlined in Article 24.0.

Dated in Windsor this 2ih day of January 2006.


C.A.W. Community Child Care & Developmental Seryices Inc.

50

Memorandum of Agreement between

____ C.A.W. Child Care--and

C.U.P.E. and its Local3677

Recognizing that members of the bargaining tmit are using the sick leave policy for illness and various medical appointments at an unsustainable level, the Union believes it is the duty of the Employer to manage the sick leave policy and the Union's duty to represent their members eligible to receive sick benefits to the best of their ability.

To assist the Employer with their concerns over the use ofthe policy and to protect the interest of the members against any possible erosion of the existing benefit, the Union agrees to counsel all employees by letter and by presentation at general meetings on the need for regular attendance.

Further, the Union will encourage members whenever possible, to schedule appointments outside their regular shift or as near the end of their shift as possible.

cQ?f'"\. ~ ,? Dated this~day of.J)eeentbu, 20'7'.

The Canadian Union of Public Employees Local 3677

C.A.W. Community Child Care & Developmental Services Inc.

LETTER OF UNDERSTANDING between

C.A.W COMMUNITY CHILD CARE AND ~EVELOPNffiN!AL SERVICES INC.


AND ITS LOCAL 3677

The Employer agrees to provide office space suitable to the conduct of Union business at no charge to the Local. In the event that such space is required by the Employer for the operation of the business, the Union will be provided with at least thirty (30) days notice in order to remove Union materials, documents, and possessions.

It is understood that this letter of understanding will not become part of the Collective Agreement.

Dated in Windsor this 131h day of December, 2005.

The Canadian Union of Public Employees Local 3677.

C.A.W. Community Child Care

~~ s..-.~o .. In<.

LU.

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