Collective

Agreement

between

Ontario Public Service Employees Union

on behalf of its Local 328

and

The Corporation of The County of Simcoe

Social Housing Department

DURATION: January 1, 2020 to December 31, 2022

OPSEU11/LJsEFPO

Sector 13

3-328-10086-20221231-13

INDEX

ARTICLE 1 -PURPOSE ...................................................................................... 1

ARTICLE 2- RECOGNITION & SCOPE ............................................................. 1

ARTICLE 3- DEFINITIONS ................................................................................. 1

ARTICLE 4- RELATIONSHIP & NON-DISCRIMINATION .................................. 2

ARTICLE 5- STRIKES AND LOCKOUTS ........................................................... 3

ARTICLE 6- MANAGEMENT RIGHTS ............................................................... 3

ARTICLE 7- UNION SECURITY ......................................................................... 4

ARTICLE 8- UNION REPRESENTATION .......................................................... 4

ARTICLES 9- LABOUR/MANAGEMENT COMMITTEE ..................................... 5

ARTICLE 10- HEALTH AND SAFETY COMMITTEE ......................................... 6

ARTICLE 11 - COPIES OF COLLECTIVE AGREEMENT /ORIENTATION ......... 7

ARTICLE 12- PERSONNEL RECORDS ............................................................ 7

ARTICLE 13- COMPLAINTS & GRIEVANCES .................................................. 7

ARTICLE 14 -ARBITRATION ............................................................................. 9

ARTICLE 15-SENIORITY ................................................................................ 10

ARTICLE 16- POSTING & FILLING OF VACANCIES , PROMOTIONS &

TRANSFERS ...................................................................................................... 11

ARTICLE 17 - LAYOFF & RECALL ................................................................... 13

ARTICLE 18 - LEAVES OF ABSENCE ............................................................. 15

ARTICLE 19- HOURS OF WORK .................................................................... 18

ARTICLE 20- OVERTIME ................................................................................. 19

ARTICLE 21 - CALLOUT AND REPORTING ALLOWANCE ............................. 19

ARTICLE 22- PAID HOLIDAYS ........................................................................ 20

ARTICLE 23-VACATIONS WITH PAY ............................................................ 21

ARTICLE 24- CLASSIFICATIONS AND RATES OF PAY ................................ 23

ARTICLE 25- EMPLOYEE BENEFITS ............................................................. 24

ARTICLE 26- EXPENSES ................................................................................ 26

ARTICLE 27- UNIFORMS ................................................................................ 26

ARTICLE 28- IN-SERVICE TRAINING ............................................................. 27

ARTICLE 29- GENERAL .................................................................................. 27

ARTICLE 30- COPIES OF AGREEMENT ........................................................ 28

ARTICLE 31- DURATION ................................................................................. 28

SCHEDULE "A "- WAGES ................................................................................. 30

LETTER OF UNDERSTANDING #1 - RETIREE BENEFITS ............................. 31

LETTER OF UNDERSTANDING # 2- HIGH SCHOOL CO -OPERATIVE

OPPORTUNITIES .............................................................................................. 32

LETTER OF UNDERSTANDING # 3- CO -OPERATIVE EMPLOYMENT

OPPORTUNITIES AND INTERNSHIP EMPLOYMENT OPPORTUNITIES ....... 33

LETTER OF UNDERSTANDING # 4- WORKLOAD .......................................... 36

LETTER OF UNDERSTANDING # 5- EXCEPTIONS TO REGULAR WORKING

HOURS .............................................................................................................. 37

LETTER OF UNDERSTANDING # 6- OPSEU 328 HOUSING CLERK

STAGGERED HOURS ....................................................................................... 39

APPENDIX "A" ................................................................................................... 41

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish and maintain collective bargaining

relations between the Employer and its employees, to provide mechanisms for the

prompt and equitable disposition of grievances 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 so that labour

relations and the efficient operation of the Social Housing Department and the

standards of service for its clients are maintained .

ARTICLE 2- RECOGNITION & SCOPE

2.01 The Corporation of the County of Simcoe recognizes the Ontario Public Service

Employees Union as the sole exclusive bargaining agent for all employees of the

Social Housing Department of the Social and Community Services Division of the

Corporation of the County of Simcoe, save and except Coordinator, persons above

the rank of Coordinator, students employed during the school vacation period, co-

op students requiring pre-credential work experience that is integrated into a

program of studies, internships defined as credential work experience that is

integrated into a program of studies, persons employed pursuant to special

programs, grants and subsidies .

ARTICLE 3 - DEFINITIONS

3.01 " Employee" means a person hired by the Employer for a position which comes

within the bargaining unit described in the recognition clause Article 2.01.

The parties recognize the following categories of employees :

a) A "permanent full-time" employee is defined as being regularly employed

for a minimum of eighty percent (80%) or more of the regular weekly hours

set for the department and/or for the classification.

b) A "permanent part-time" employee is defined as being regularly employed

less than eighty percent ( 80%) of the regular weekly hours set for the

department and/or for the classification.

c) A " temporary" employee who is hired for a specified term of employment

anticipated to exceed thirty (30) days and to a maximum of one ( 1) year .

The one ( 1) year period may be extended by mutual agreement of the

parties.

3. 02 The word "day" as referred to in this Agreement shall refer to a calendar day unless

otherwise specified .

3.03 The words " month " and " year" as referred to in this Agreement shall refer to

calendar months and years respectively unless otherwise specified .

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3.04 The words "probationary employee" as referred to in this Agreement shall mean

an employee who has not attained seniority status.

3 .05 The word " seniority" as referred to in this Agreement, shall mean the length of

continuous employment with the Employer since the date of hire or transfer into

the bargaining unit as adjusted to recognize any periods of leave of absence in

which seniority was maintained but did not accrue , consistent with the express

provisions of this Agreement.

3.06 The word " service" as referred to in this Agreement shall mean length of

continuous employment with the Employer including previous continuous

employment with the Simcoe County Housing Authority, as adjusted to recognize

any periods of leave of absence for which the employee's service date was

adjusted prior to the certification of the Union exclusively for purposes of

determining vacation entitlement in accordance with Article 23 - Vacations with

Pay.

3.07 The words "strike" and " lockout" as referred to in this Agreement shall be defined

as in the Ontario Labour Relations Act.

ARTICLE 4- RELATIONSHIP & NON-DISCRIMINATION

4 .01 The Employer and the Union agree that there shall be no intimidation,

discrimination , interference, restraint or coercion exercised or practiced by either

of them or their representatives or members because of any employee's

membership or non-membership in the Union or because of any employee 's

activity or lack of activity in the Union or because any employee exercises his rights

under the Ontario Labour Relations Act.

4.02 There shall be no discrimination practiced or permitted by the Employer or the

Union or any of their representatives or members against any employee based on

the protected grounds as identified in the Ontario Human Rights Code .

4.03 The Union agrees that membership solicitation and other Union activity not

pertaining to this Agreement, will not take place during working hours or on the

premises of the Employer or on any work project the Employer may be engaged

in.

4.04 The Employer, its employees and the Union agree to abide by the provisions of

the Ontario Human Rights Code, the Ontario Employment Standards Act, the

Ontario Labour Relations Act and the Occupational Health & Safety Act.

4 .05 The Parties are committed to a workplace free from workplace harassment,

including bullying, by other employees, supervisors, managers, any other person

working or providing services to the Employer in the workplace, clients or the

public, in accordance with the law. Workplace harassment is engaging in a course

of vexatious comment or conduct against an employee in the workplace that is

known or ought reasonably to be known to be unwelcome.

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ARTICLE 5 - STRIKES AND LOCKOUTS

5.01 In view of the orderly procedure established by this Agreement for the settling of

disputes and the handling of grievances, the Union agrees that during the life of

this Agreement there will be no strike and the Employer agrees that there will be

no lockout.

ARTICLE 6- MANAGEMENT RIGHTS

6.01 The Union recognizes and acknowledges that the management of the operations

and the direction of the working force is fixed exclusively with the Employer 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; discipline, discharge or

suspend employees for just cause, provided that a claim by an employee

that he/she has been unjustly disciplined or discharged may be the subject

matter of a grievance and dealt with as hereinafter provided.

b) Select , hire, transfer, assign, direct, promote, demote , suspend, classify,

layoff and recall employees .

c) Determine an employee 's qualifications and suitability to perform the work

required.

d) Operate and manage the delivery of its services in all respects in

accordance with the Employer's commitments, obligations and

responsibilities including the right to determine the number and location of

the Employer's establishments and their expansion or curtailment , direction

of the work force, schedules of operations, number of shifts, services to be

rendered, methods, processes, and means of operation, work procedures,

quality and quantity standards, kinds and locations of equipment,

machinery and vehicles to be used at any time, selection and use of

materials required by the Employer, determine job content , establishment

of work or job assignments , qualifications of an employee to perform any

particular job; decide the number of employees needed by the Employer at

any time, number of hours to be worked , starting and quitting times, decide

on the regular and overtime assignments of work ; determine financial

policies, including general accounting procedures , user and public

relations .

6 .02 The Employer agrees that it will not exercise its rights in a manner inconsistent

with the provisions of this Agreement.

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ARTICLE 7- UNION SECURITY

7 .01 The Employer agrees to deduct from the bi-weekly wages of every employee as a

condition of continued employment an amount equivalent to the regular monthly

Union dues as certified by the Union to be currently in effect. It is understood that

the Union Dues will be deducted from all wages, including any retroactive

payments which may be payable .

For newly hired employees, such deduction shall be effective from the first date of

hire.

The Union shall advise the Employer in writing of the amount to be deducted ,

together with any revisions to the amount as may occur from time to time.

7 .02 Monthly dues so deducted will be remitted directly to the Accounting Department

of the Ontario Public Service Employees Union, 100 Lesmill Road , North York,

Ontario, M3B 3P8 before the 151h day of the month following that for which the

deductions have been made. The remittance shall be accompanied by a list of the

names of those employees for whom deductions have been made.

7.03 It is understood and agreed that the Union hereby agrees to indemnify and save

the Employer harmless against any claim which may be made by the employees

for amounts deducted as herein provided.

7 .04 The Employer agrees to include the annual total of dues deducted on each

employee's T4 Slip.

ARTICLE 8- UNION REPRESENTATION

8.01 The Employer acknowledges the right of the Union to elect or appoint a Negotiating

Committee of up to three ( 3) employees ( which is comprised of at least one

representative from each job classification within the department) who, together

with an OPSEU Staff Representative, shall represent the Union . It is understood

that the sole purpose of the Committee will be to deal only with such matters as

are properly the subject of negotiations, including proposals, for the renewal or

modification of this Agreement as the proper time.

8.02 The Employer shall recognize the Negotiating Committee when notified in writing

of the names of the members and shall meet with the Committee when necessary

for purposes of negotiations of the terms of this Agreement. An employee member

of such Negotiating Committee shall be paid his/her regular rate of pay for all

regular scheduled working hours lost due to attending negotiation meetings with

Management up to the time application is made for but not including Conciliation

services and the services of a Conciliation Officer are used.

8.03 The Negotiating Committee shall have the right to attend meetings held within

working hours in order to prepare amendments for the next Agreement up to a

maximum of three (3) days per member. Reasonable notice is to be provided by

the Employer and approval will be conditional on operational needs. This time is

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to be paid by the Union. The Employer will continue to pay the Employee and bill

the Union for reimbursement of such wages.

8.04 The Employer acknowledges the right of the Union to elect or appoint stewards to

assist employees in presenting their grievances to representatives of the

Employer.

8.05 The Union acknowledges that stewards and members of Committees have regular

duties to perform on behalf of the Employer and that such persons will not leave

their regular duties to discharge those functions specified in the collective

agreement without first obtaining permission of their immediate supervisor. Such

permission will not be unreasonably withheld. It is understood and agreed that

such release time may be granted only for business between the Employer and

the Union.

8.06 The Employer agrees that there will be no loss of regular pay or benefits for

reasonable time spent by stewards in processing grievances and attending

grievance meetings with representatives of the Employer through to and including

Step 3 of the Grievance Procedure.

8.07 The Union undertakes to provide the Employer with a list of stewards and any

changes to such list. The Employer shall not recognize any individuals whose

position has not been so confirmed.

8.08 Stewards or members of any Union Committee shall have completed their

probationary period before they are eligible to serve.

8.09 The Union, or any of its members, will not hold any meetings on the property of the

Employer except with the consent of the said Employer.

8.10 Employees shall have the right at any time to have the assistance of an OPSEU

Staff Representative when dealing or negotiating with the Employer. Such

Representative(s) shall have access to the Employer's premises in order to deal

with any matters arising out of this Collective Agreement.

ARTICLES 9 - LABOUR/MANAGEMENT COMMITTEE

9.01 The Parties agree to establish a joint Labour/Management Committee consisting

of three ( 3) members elected or appointed to represent the Union and three ( 3)

members selected by Management to represent the Employer. The mandate for

the Labour/Management Committee is as follows:

9.02 The purpose of this Committee will be to discuss operational problems arising out

of the terms of the Collective Agreement and such other issues deemed by the

parties to be of mutual interest. Where the specific nature of an issue to be

discussed so requires, one additional resource person, to assist either party may,

attend the meeting upon reasonable prior notice to the other party.

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It is clearly understood that the purpose of the meeting will not be to negotiate the

terms of the Collective Agreement nor will the Committee be empowered to alter

any of the terms of the Collective Agreement.

9.03 Meetings will be convened as required at a mutually convenient time, but in any

event at least every three (3) months.

9.04 A written agenda shall be presented to the other party at least five (5) working days

in advance of the proposed meeting date.

9.05 The Chairperson at the first meeting shall be named by the Employer and

thereafter shall alternate between a member of the Committee selected by the

Union and a member of the Committee selected by the Employer.

9.06 The party chairing the meeting shall produce Minutes of the meeting . Where

necessary, such Minutes will reflect the confidential nature of the operations of the

Social Housing Department. Written Minutes of the meeting shall be made and

distributed as soon as practicable.

9.07 Committee members shall not suffer any loss of regular pay or benefits for time

involved in Committee meetings .

ARTICLE 10 - HEALTH AND SAFETY COMMITTEE

10 .01 The Parties agree to establish a Joint Health and Safety Committee consisting of

three ( 3) members elected or appointed to represent the Union and three ( 3)

members selected by Management to represent the Employer. The mandate of

the Joint Health and Safety Committee is as follows :

10.02 The Employer and the Union agree that safety is the responsibility of each and

every member of the organization . Accordingly, the parties agree to co-operate to

eliminate accidents as far as possible, and to provide a safe and healthy working

environment for all employees. Consistent with the foregoing, the parties agree to

abide by the provisions of the Occupational Health and Safety Act.

10.03 The Employer shall recognize the Union representatives of the Health and Safety

Committee when notified in writing by the Union. The Committee will meet at least

every three (3) months.

10 .04 Both the Management representatives and the Union representatives of the

Committee will select an individual to as Co-Chair for the meetings. The

Management Co-Chair will chair the first meeting and the responsibility to chair

subsequent meetings will alternate from Union Co-Chair to Management Co-Chair.

10.05 The purpose of the Committee will be to consider health and safety issues and, if

appropriate , make recommendations to the Employer on ways to improve health

and safety and to prevent accidents from occurring . The Employer will respond in

writing to all committee members within twenty-one ( 21) days of receiving a

recommendation from the Committee .

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10.06 All time spent in attendance at Health and Safety Committee meetings or in

activities authorized by the Health and Safety Committee will be at no loss of

regular pay.

ARTICLE 11- COPIES OF COLLECTIVE AGREEMENT

ORIENTATION

11 .01 To ensure that employees are apprised of the conditions of employment, each new

employee shall be provided orientation during the first week of his/her employment.

11.02 Within the first week of employment , the employee 's Supervisor shall introduce

new employee to his/her Local Union Steward. The Steward, or an Officer of the

Union, will meet with the employee for a period of up to fifteen (15) minutes during

regular working hours without loss of pay or benefits for the purpose of acquainting

the new employee with the benefits and duties of Union membership and his/her

responsibilities and obligations with respect to the Collective Agreement.

ARTICLE 12- PERSONNEL RECORDS

12.01 Each employee shall have reasonable access to his/her personnel file for the

purpose of reviewing any evaluations or formal disciplinary notations contained

therein, in the presence of his/her Supervisor or designate, and with the option of

having his/her union steward attend during normal hours of work. The selected

steward shall be the closest available to the Administration Centre .

12 .02 An employee may request that he/she be given a copy of any documents

contained in the file. Such requests will not be unreasonably denied.

12 .03 Any letter of reprimand, suspension or other sanction contained in the employee's

file other than that arising from a contravention of the Ontario Human Rights Code

shall automatically be removed from the employee's file after a period of eighteen

18) months, provided that there has been no subsequent discipline during the

eighteen (18) month period .

ARTICLE 13- COMPLAINTS & GRIEVANCES

13.01 If an employee has a complaint concerning the application, interpretation ,

administration, or alleged violation of any of the provisions of this Agreement,

including any question as to whether a matter is arbitrable, he/she may take the

matter up orally with his/her immediate Supervisor. In any event , the following

steps of the grievance procedure may be invoked provided that in all such cases

the grievance is lodged within seven (7) days of the circumstances giving rise to

the grievance .

A Steward shall be present, if requested, by the employee.

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13.02 STEP 1

Any employee grievance shall be set forth in writing , and shall be presented to the

employee's immediate Supervisor. The grievance shall be signed by the griever.

The grievance shall include reference to the specific clause and article of the

Agreement allegedly violated or misinterpreted and the redress sought. The

Supervisor shall review the grievance and reply in writing to the griever within three

3) days giving his/her disposition and his/her reason therefore. A copy of the reply

will be provided to the griever, the Steward, the Chief Steward and the Staff

Representative .

13.03 STEP 2

If a settlement has not been reached under the preceding Step(s), the griever may

refer the grievance to the General Manager and/or Human Resources within five

5) days of the supervisor's reply. Within ten ( 1 0) days the General Manager or

his/her designate together with such other representation as may be chosen to

represent the Employer shall meet with the griever, and up to two (2) of either the

Steward, the Chief Steward , or the OPSEU Staff Representative to discuss the

grievance. Written reply to the grievance shall be given to the griever within five

5) days after such meeting with a copy to the Steward, the Chief Steward , and the

Staff Representative. If a grievance is not settled to the satisfaction of either party

to this Agreement by the procedure outlined above, then either party may within

ten (1 0) days of the reply of the General Manager or his/her designate refer the

grievance to arbitration in accordance with the provisions contained in Article 14 .

13.04 The limits set out in both the grievance and arbitration procedures herein are

mandatory and failure to comply with such limits, except by the written agreement

of the parties, shall result in the grievance being deemed to have been abandoned

subject only to the provisions of Section 48 (16) of the Labour Relations Act. Such

time limits shall exclude Saturdays, Sundays and paid holidays.

13 .05 In this Article , days shall not include Saturday , Sunday and paid holidays .

13 .06 Any Step of the Grievance Procedure may be waived by mutual agreement in

writing between the Employer and the Union .

13.07 A claim by an employee that he/she has been discharged from employment

without just cause shall be treated as a grievance commencing at Step 2 if a written

statement of such grievance, signed and dated by the employee and setting out

the nature of the grievance and the specific remedy sought is filed within five ( 5)

days after the employee is discharged. All preliminary steps to the grievance

procedure prior to Step 2 will be omitted in such cases .

13.08 Policy and/or Group Grievances

Where a dispute involving a question of general application or interpretation

occurs, or where a group of employees in the Union has a grievance , it may be

submitted at Step 2 of the grievance procedure . Such grievance must be submitted

within seven (7) days after the incident giving rise to the grievance.

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13.09 The employee, at his/her option, may be accompanied and represented by a Union

Steward and/or OPSEU Staff Representative at any stage of the grievance

procedure , or at a meeting which may be arranged for the purpose of which may

be to impose disciplinary action.

13.10 The reasons for any disciplinary action including the discharge of any employee ,

shall be in writing and given to the employee and the Union.

ARTICLE 14-ARBITRATION

14.01 The parties agree that a grievance concerning the application , interpretation,

administration, or alleged violation of this Agreement and including any question

as to whether a matter is arbitrable which has been properly carried through all

steps of the grievance procedure outlined in Article 13 may be referred to

Arbitration, at the written request of either of the parties hereto. If no such written

request for arbitration is received with the time limit then the grievance shall be

deemed to have been abandoned .

14.02 Arbitration shall be in accordance with the Labour Relations Act of the Province of

Ontario except as otherwise amended herein.

14.03 The party applying for arbitration shall provide to the responding party the name(s)

of a suggested arbitrator. The responding party shall reply within ten (1 0) days of

receipt of the notification either agreeing to the name suggested by the other party

or suggesting alternate name(s) of a suitable person to act as sole Arbitrator. lfthe

parties are unable to agree within a further five ( 5) days, the Arbitrator shall be

appointed by the Minister of Labour for Ontario at the request of either party.

14.04 Each party to this Agreement will pay the expenses of its nominee,

representatives, witnesses, advisors and any other attendees to the hearing

appearing on its behalf. The parties will share equally the fee and expenses of the

sole Arbitrator, or the Chairperson of the Board of Arbitration as the case may be.

14.05 The Arbitrator shall not have any power to alter or change any of the provisions of

this Agreement , nor to substitute any new provisions, nor to give any decision

inconsistent with the terms and provisions of this Agreement.

14.06 Any written notice under the grievance or arbitration procedures that is sent to a

party by prepaid ordinary post shall be deemed to have been received on the

second working day following the date of mailing.

14.07 In this Article , days shall not include Saturday, Sunday and Paid Holidays .

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ARTICLE 15- SENIORITY

15.01 The Employer shall keep an up-to-date seniority list and identify part time from full

time employees . The seniority list shall be forwarded to the OPSEU Staff

Representative and to employees by January 31 and July 31 of each year with a

copy to be supplied to the Local Union .

15 .02 Complaints about the accuracy of the seniority list will be considered within thirty

30) days of the date of such posting and if no complaint or grievance is received

within that time, the list shall be deemed to be accurate .

15.03 Seniority as referred to in this Agreement shall mean length of continuous and

unbroken service with the Employer and will accumulate retroactively to the date

of hire , upon completion of a probationary period .

a)

b)

c)

15 .04 a)

A new permanent full time employee shall be considered a probationary

employee for a period of one hundred and twenty ( 120) days worked and

shall have no seniority rights. At the Employer's discretion, this

probationary period may be extended by an additional one hundred and

twenty ( 120) days worked , with the provision of written notice to the

employee and the Union, and the completion of a performance evaluation .

It is expressly understood by both parties that during the probationary

period an employee may be discharged and such release of an employee

during the probationary period shall not be the subject of a grievance or

arbitration.

A new permanent part time employee shall be considered a probationary

employee until he/she has worked a period of six (6) consecutive months .

This probationary period may be extended up to nine ( 9) consecutive

months with written notice to the employee and the Union.

When a temporary employee is hired to a permanent position and there

has been no break in service , the time spent as a temporary employee will

be counted towards the employee's seniority.

Permanent part time employees will accumulate seniority on the basis of

one (1) year seniority for the following scheduled hours worked :

Building Superintendents

Housing Clerks

2080 (two thousand and eighty) hours

1820 ( one thousand eight hundred and

twenty) hours

b) Where a permanent part-time employee transfers to a permanent full time

position he/she shall carry his/her seniority into the permanent full time

position on the basis outlined in 15 .04 a).

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15 .05 An employee's seniority shall be forfeited and his/her employment shall be deemed

to be terminated under the following conditions :

a) he/she quits for any reason;

b) he/she is discharged and not reinstated through the grievance procedure;

c) he/she has been laid off for a period equivalent to the employee 's length of

service to a maximum of twelve ( 12) calendar months;

d) he/she is absent from work without a reasonable explanation for more than

three (3) days ;

e) he/she fails to return to work from layoff within five ( 5) days of receiving

notice by registered mail unless he/she is unable to do so for reasons

acceptable to the Employer;

f) he/she uses authorized leave of absence for purposes other than that for

which it was granted, or fails to return to work at the expiration of a leave

of absence.

g) is off work for a period of twenty-four (24) months due to illness/injury. The

Employer may extend this time for a period under exceptional

circumstances.

15.06 An employee who is transferred to a temporary position outside the bargaining unit

for a period of up to twenty four (24) months ( or longer if mutually agreed to in

writing by the parties) shall continue to accrue seniority while in that position .

15.07 An employee who has successfully completed his/her probationary period shall

maintain and accumulate seniority during any period when he/she is prevented

from performing his/her work for the Employer by reason of injury arising out of

and in the course of his/her employment for the Employer and for which he/she is

receiving compensation under the provisions of the WSIB. The accrual of seniority

during this period shall not be for vacation entitlements or progression on the wage

grid.

ARTICLE 16- POSTING & FILLING OF VACANCIES,

PROMOTIONS & TRANSFERS

16.01 When a vacancy arises, which the Employer has determined must be filled , the

Employer shall email a copy of the posting to the Union and all employees.

Employees who have been on LTO or WSIB for less than twenty-four (24) months

or a leave of absence, who make a request in writing , will receive a copy of the

notice of vacancy , which will be mailed to the last known address on record.

16.02 A job posting shall be posted for seven (7) calendar days including the date of the

job posting. Each subsequent posting resulting in a direct line from the original

vacancy shall be posted for a minimum of three (3) working days, including the

date of the job posting. Employees may apply for such vacancy through the

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Employer's stipulated application process. Employee applications are to be filed

within the time limits noted on the Job Posting Notice . The Employer shall not be

obliged to consider any applicant who has not successfully completed the

probationary period .

16.03 In the filling of vacancies, as outlined in Article 16.01, employees must meet the

minimum requirements as posted before they shall be deemed successful to a

posting.

The minimum requirements shall not be established in an arbitrary manner.

Where more than one ( 1) person meets the minimum requirements posted, then

seniority shall govern.

16 .04 The posting shall include the requirements of the position , minimum and maximum

job rates applicable for the classification, the hours of work and shifts required, and

the initial position location, subject to reassignment.

16.05 Applicants with Bargaining Unit seniority shall be given first consideration for the

position. Consistent with the criteria set out in Article 16.03, where there are no

suitable applicants from within the bargaining unit the Employer will consider

applications from persons employed outside of the bargaining unit as well as

persons outside of the employ of the Employer. Each applicant will be informed of

the outcome of the job posting within three (3) days of the final decision having

been made.

16.06 A temporary employee who is selected to fill a permanent full time or part time

vacancy and who has completed the probationary period consistent with the

provisions of Article 15 .03 shall be credited with seniority dating back to his/her

initial date of hire, taking into account the prior period of temporary employment.

16.07 Where an employee is promoted to a higher hourly rated classification in the

bargaining unit in accordance with the provisions of this Article, the employee's

rate of pay in the new classification shall be either the Step 1 rate of the new

classification or the rate corresponding to the Step on the salary grid of the new

classification which provides for an increase to the employee's hourly

compensation rate, whichever is greater.

16.08 In the event that a member of the bargaining unit is the successful applicant for a

posted vacant position, which is other than his/her current position, the successful

applicant will undergo a ninety ( 90) day trial period. If the Employer determines

that the employee is not suited to the position, the employee and all others who

have been assigned as a result of the employee assignment to the vacant position

shall be reassigned back to his/her/their previous position(s), and to his/her/their

previous wage, salary rate and terms and conditions without regard to seniority .

The Employer may, in this event, consider further applicants for the relative job

posting. The trial period shall not be used to acquire minimum requirements to do

the job.

16.09 The Local Union shall be notified of all resignations, appointments and recalls

within two weeks.

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16.10 An employee who is selected to fill a permanent full time or part time vacancy shall

not be eligible to apply for a subsequent vacancy in the same classification for six

6) months.

ARTICLE 17- LAYOFF & RECALL

17 .01 The Union shall be advised as soon as practicable in advance of notice of layoff to

the employee(s) in order that discussions may take place to review alternative

ways and means of dealing with the potential layoff(s). Employee(s) shall be

advised at least one (1) month prior to any notice of layoff being given. During this

time the Employer agrees to meet with the Union to discuss means of avoiding the

layoff. The Union shall be supplied with an updated seniority list at the time of the

initial layoff notice .

Where notice of layoff is required , the Employee will be given notice or pay in lieu

of notice in accordance with the provisions of the Employment Standards Act.

17.02 Should it become necessary for the Employer to reduce staff, the Employer will

first solicit voluntary layoffs from the affected classifications.

The Employer reserves the right to accept or reject a voluntary layoff application.

The terms of voluntary layoff shall be as outlined in Article 17 .08 .

17 .03 In the event there are insufficient volunteers to accomplish the staff reduction(s)

the following sequential procedure will apply:

1) Temporary employees shall be the first to be laid off in the affected

classification(s). This provision shall not apply to a temporary employee

replacing a permanent employee on a leave of absence or where the

temporary employee is performing work that no permanent employee is

qualified or capable of performing.

2) Permanent employees who have not completed their probationary period

shall be next to be laid off in the affected classification(s).

3) If following 1) and 2) above, the required staff reduction(s) have not been

achieved then the Employer will identify the least senior employee within

the affected position as surplus.

4) The employee identified as surplus in 3) above will have the following

options :

a) to be considered for any permanent or temporary vacancies that

may exist, subject to the employee being qualified and capable of

performing the duties.

b) elect not to be considered for any alternative positions and work the

remainder of their notice period.

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c) resign and receive the provisions of Article 17.08 where applicable.

d) the employee may elect to displace an individual with less seniority

in an equal or lower classification, subject to the employee being

qualified and capable to perform the duties of the position.

Employees who wish to exercise their displacement rights must

indicate to do so in writing to the Department Head within ten (1 0)

working days of receiving their layoff notice.

17 .04 Employees that have been displaced as per Article 17.03, 4) d) may then consider

the options outlined in Article 17.03, 4).

17.05 It is understood that a part time employee may not displace a full time employee.

17.06 Employees who are laid off shall have their names placed on a recall list for a

maximum period of twelve (12) months.

If during that twelve month period a vacancy is created within the bargaining unit

as per Article 16.03, those individuals on recall shall have the first opportunity to

be considered for the vacancy. Successful appointment to such a position will be

based on seniority and meeting the minimum requirements of the position.

17.07 Employees who are laid off shall have their names placed on a recall list and shall

be given at least five (5) days notice of recall.

17 .08 a)

b)

Where an employee has been laid off and his/her employment is thereby

subsequently terminated they will be entitled to severance pay in

accordance with and subject to the provisions of the Employment

Standards Act.

An employee may elect, at any time during the recall period , to terminate

his/her employment and to receive severance pay in accordance with a)

above, in which event the employee's name shall be removed from the

recall list and the Employer shall have no further obligation with respect to

that employee.

17 .09 The parties agree that the Employer will not cause a layoff as a result of contracting

out unless it can be demonstrated that contracting out can reduce the Employer's

cost to have the same work done by a contractor. It is understood by the parties

that when the Employer is calculating the " in-house" cost of providing services,

those calculations will include, but not be limited to, the cost of benefits including

pension contributions, vacations and paid holidays, statutory contributions, the

cost of absenteeism and the Employer's cost of administration.

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ARTICLE 18- LEAVES OF ABSENCE

18.01 General Leaves

Leave-of-absence without pay and without loss of seniority may be granted for a

period of up to one ( 1) continuous year to an employee with the approval of the

Chief Administrative Officer or designate, if the request meets the operational

requirements of the Employer. Except in extenuating circumstances, a request for

such leave shall be made in writing stating reasons , at least one (1) month prior to

the desired commencement date of the leave. If the Employer grants such leave

he/she shall confirm the terms of the leave in writing .

Leaves of absence requests of five ( 5) days or less may be authorized by the

Department Head.

18.02 Pregnancy/Parental Leave

Pregnancy Leave

a) Pregnancy Leave will be granted in accordance with the provisions of the

Employment Standards Act , except where amended in this provision.

b) The employee shall give written notification at least one ( 1) month in

advance of the date of commencement of such leave and the expected

date of return.

c) The employee shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received

by the Employer at least four (4) weeks in advance thereof. The employee

shall be reinstated to her former position unless the position has been

discontinued in which case she shall be given a comparable job.

d) An employee who is on pregnancy leave as provided under this Agreement

who has applied for and is in receipt of Employment Insurance pregnancy

benefits pursuant to the Employment Insurance Act , shall be paid a

supplemental unemployment benefit.

e) That benefit will be equivalent to the difference between seventy-five per

cent ( 75%) of her average weekly earnings and the sum of her weekly

Employment Insurance benefits and any other earnings.

Such payment shall commence following completion of the one ( 1) week

Employment Insurance waiting period, and receipt by the Employer of the

employee's Employment Insurance cheque stub as proof that she is in

receipt of Employment Insurance pregnancy benefits, and shall continue

while the employee is in receipt of such benefits for a maximum period of

fifteen ( 15) weeks. The employee's regular weekly earnings shall be

determined by multiplying her regular hourly rate on her last day worked

prior to the commencement of the leave times her normal weekly hours .

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The Employer will pay the employee seventy-five percent ( 75%) of her

normal weekly earnings during the first one ( 1) week period of the leave

while waiting to receive Employment Insurance Benefits.

Parental Leave

a) An employee who becomes a parent of a child is eligible to take a parental

leave in accordance with the provisions of the Employment Standards Act.

b) An employee who has taken a pregnancy leave under Article 18.02 is

eligible to be granted a parental leave in accordance with the Employment

Standards Act.

c) The employee shall be reinstated to his/her former position , unless that

former position has been discontinued, in which case he/she shall be given

a comparable job.

d) An employee who is on parental leave, as provided under this Agreement

who has applied for and is in receipt of Employment Insurance parental

benefits, pursuant to the Employment Insurance Act, shall be paid a

supplemental employment benefit. For employees who are approved for

and in receipt of standard parental benefits, that benefit will be equivalent

to the difference between seventy-five percent ( 75%) of his/her average

weekly earnings and the sum of his/her weekly Employment Insurance

benefits and any other earnings. In no event will the top-up exceed the

difference between seventy-five percent ( 75%) of the employee's normal

weekly earnings that s/he was receiving on the last day worked and the

employee 's El benefit calculated without regard to any election by the

employee to receive a lower El benefit spread over a longer period of time ,

as may be permitted under the Employment Insurance Act.

Such payment shall commence following completion of any one ( 1) week

Employment Insurance waiting period , and receipt by the Employer of the

employee's Employment Insurance cheque stub as proof that he/she is in

receipt of Employment Insurance parental benefits, and shall continue

while the employee is in receipt of such benefits for a maximum period of

twenty ( 20) weeks. The employee's regular weekly earnings shall be

determined by multiplying his/her regular hourly rate on his/her last day

worked prior to commencement of the leave times his/her normal weekly

hours.

18.03 Bereavement Leave

a) In the event of the death of an employee 's spouse , son or daughter, parent ,

legal guardian , or legal ward or adopted child, step parent and step children

a permanent full time/part time employee shall be granted a leave of

absence for five ( 5) consecutive scheduled work days with pay at the

employee's regular rate upon proper notification of the Supervisor.

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b) In the event of an employee's sister, brother , parent-in-law , son-in-law ,

daughter-in-law, grandchild , grandparents, a permanent full/part time

employee shall be granted a leave of absence for three ( 3) consecutive

scheduled work days with pay at the employee's regular rate upon proper

notification of the Supervisor.

c) In the event of the death of an employee's sister-in-law, brother-in-law, aunt

or uncle, a permanent full time/part time employee shall be granted leave

of absence for one ( 1) scheduled work day with pay at the employee's

regular rate upon proper notification of the Supervisor.

d) The Employer recognizes that bereavement leave is intended to be used

at the time of the death and/or funeral; however, there may be situations

when part of an employee's bereavement leave may be requested at a later

date, within one (1) year of the death , in order to attend matters relating to

the bereavement.

e) Permanent full-time/part time employee's may also be granted up to one

1) day without pay to attend the funeral of a close non-family member, at

the discretion of the Supervisor on a case-by-case basis .

f) For the purposes of Bereavement Leave , the relationships specified in this

Article are deemed to include a common-law spouse and a partner of the

same sex.

18.04 Jury Duty and Witness Leave

A permanent full time/part time employee who is called for service as a juror, or

who is subpoenaed as a witness in any court proceeding to which the employee is

not a party, will be compensated for loss of pay from his/her regularly scheduled

hours of work by receiving regular pay for each day served as a juror or witness.

However, should the employee present himself for selection as a juror, and not be

selected, or not be required to attend at court, then he/she is required to return to

the Employer's premises to complete any remaining normally scheduled hours of

work that day .

18 .05 Leave for Union Activities

a) Leave of absence without pay may be granted, upon receipt of at least

fifteen days (15) written notice of the request to the Employer, to up to two

2) employees elected or appointed to represent the Union. The duration

of each such leave shall not exceed seven (7) days to an aggregate total

for all such leaves of thirty (30) days per calendar year. The fifteen ( 15) day

notice may be waived in exceptional circumstances. Granting of this leave

is subject to operational requirements.

b) Any one (1) employee at a time who is elected to the Executive Board of

the Union other than to the office of President or Vice-President/Treasuer

may be granted leave of absence without pay upon receipt of at least seven

7) days notice to the Employer for the term of such office to attend

Executive Board Meetings . Leave of absence for Board members of the

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Union under this clause shall be separate and apart from any leave granted

under Article 18.05 a). Within thirty ( 30) days notice of leave being

requested under this Article , the parties agree to meet to discuss additional

release time which may be required to complete assigned work attendance

with the elected position. Granting of this leave is subject to operational

requirements.

c) When any one (1) employee is elected or appointed to a full time position

on the Executive Board with the Ontario Public Service Employees Union,

Ontario Federation of Labour, the National Union of Public and General

Employees , or the Canadian Labour Congress, the Employer shall grant

leave of absence without pay and without loss of seniority for the duration

of the employee's term of office . At the end of the assignment the employee

shall, upon four (4) weeks written notice to the Employer, be reinstated to

his/her former classification at the then current salary.

18.06 Citizen Leave

Upon seven ( 7) days prior notice to the Employer, an employee who would

otherwise have been at work shall be granted one (1) day leave of absence with

pay to attend swearing-in ceremonies at Citizenship Court for the purpose of

becoming a Canadian citizen .

18.07 Accumulation of Seniority

Seniority shall continue to accrue during any paid or unpaid leave of absence for

the first thirty (30) days. Insured benefits shall be maintained for the first thirty (30)

days of any unpaid leave of absence.

ARTICLE 19- HOURS OF WORK

19.01 a) The normal work week for full time employees of the Employer shall consist

of:

1 -for Building Superintendents, five (5) days of eight (8) hours per day;

2 - for Housing Clerks, five (5) days of seven (7) hours per day.

b) The average normally scheduled work hours shall not exceed eighty (80)

hours for Building Superintendents and seventy ( 70) hours for Housing

Clerks, per two (2) week period over a reasonable period of time.

c) The Employer may allow pre-authorized staggered working hours for

Superintendents to accommodate an employee's personal needs, subject

to operational requirements. Such request shall not be unreasonably

denied.

d) Unless otherwise agreed to by the parties.

19.02 Employees shall be entitled to two (2) fifteen (15) minute rest periods daily .

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ARTICLE 20- OVERTIME

20.01 Each full time employee shall be paid by the Employer at the rate of time and one

half (1 ~) for all time worked by such employee on any scheduled working days in

excess of the regularly scheduled hours for such day, and at the rate of time and

one half (1 ~) for time worked by the said employee on any day in any calendar

week other than a scheduled working day. Full time employees may elect to bank

time in lieu of receiving pay to a maximum of thirty-five (35) to forty (40) hours per

year ( according to their regular work week) of time in lieu of receiving pay in

accordance with the appropriate article . Any unused banked time will be paid out

in the pay period in which December 31 st falls , at that current year's pay rate.

20 .02 Permanent part time employees shall be paid at the rate of time and one half (1

for all time worked by such Building Superintendents in excess of forty ( 40)

hours in any work week and thirty five ( 35) hours in any work week for office

employees.

20 .03 All overtime , except emergency overtime , shall be authorized in advance.

Emergency overtime shall be reported to the appropriate supervisor within one (1)

working day for approval.

20 .04 The Employer shall endeavour to .distribute overtime relatively equally among

permanent employees available to perform the work required , taking into

consideration assigned work location and employee classification.

20.05 An " emergency situation " shall be defined as an event arising due to the

occurrence of fire , flood , sewer backup, gas leak, tenant accident , breach of site

safety or security , and shall include either accident , or occurrence where the failure

to take immediate, appropriate remedial action could result in increased liability to

the Corporation .

ARTICLE 21 - CALLOUT AND REPORTING ALLOWANCE

21.01 All call -outs must be authorized through the call system in order to be considered

a call-out for the purposes of this Article . Employees taking a call-out on their own

accord will not be paid subject to this Article except in emergency situations . An

emergency situation shall be as defined in Article 20 .05 .

21 .02 Each employee who has completed a regular day's work and leaves the place of

work including Building Superintendents who have completed their regular shift

and who are subsequently called back prior to the starting time of the next

scheduled shift , shall be paid a minimum of three (3) hours time and one half (1

the employee 's basic hourly rate .

21 .03 Mileage will be calculated and paid on all callouts in accordance with the applicable

County of Simcoe Mileage policy.

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ARTICLE 22- PAID HOLIDAYS

22.01 The following holidays shall be recognized as paid holidays :

New Year's Day

Easter Monday

Canada Day

Labour Day

Christmas Day

Family Day

Good Friday

Victoria Day

Civic Holiday

Thanksgiving Day

Boxing Day

When any of the above holidays falls on a weekend than an alternate day shall be

designated as a holiday, which would normally be the preceding Friday or following

Monday.

22.02 To qualify for holiday pay under Article 22.01 an employee must work their

regularly scheduled day of work before and after the holiday, except where the

absence is approved by the Employer or is a verified personal illness.

22.03 Full time employees shall receive a normal days pay for the holidays specified in

Article 22 .01.

22.04 Part time employees shall receive pay for the holidays specified in Article 22.01 on

a pro-rata basis determined in accordance with the following :

a) If a paid holiday falls on an employee's regularly scheduled day of work,

the employee will receive pay in accordance with his/her hours regularly

worked on that day.

b) If a paid holiday falls on a day for which the employee is not regularly

scheduled, the employee will receive pay based on the employee's

average daily working hours over the previous four week period.

22 .05 For temporary employees, the Employer will recognize as paid holidays on the

statutory holidays set out in Article 22 .01 above , the pay for such holidays to be in

accordance with the Employment Standards Act of the Province of Ontario, as

amended from time to time.

22 .06 No employee who is on unpaid leave of absence or layoff shall be entitled to any

paid holidays under Article 22.02.

22.07 An employee who is required to work on any of the paid holidays in Article 22 .01

will be paid as follows :

a) Time and one half (1 ~) for the hours worked and pay for the holiday in

accordance with Articles 22.04 and 22 .05 and 22.06.

Or

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b) Pay for the holiday in accordance with Articles 23 .04 and 23.05 and 23.06

and alternate day off with pay .

22.08 Employees that are scheduled to work on a holiday outlined in Article 22 .01 and

who fail to attend work shall forfeit any pay that day unless they have a verified

personal illness or reasonable cause for missing work.

22.09 In the event that a holiday outlined in Article 22.01 occurs during an employee's

vacation with pay period, an extra day's vacation shall be provided.

22.10 Each employee will also be entitled to two (2) additional floating holidays per year

to be taken at a time mutually agreed to.

ARTICLE 23- VACATIONS WITH PAY

23 .01 a) Employees shall be entitled to vacation with pay based on the following

service:

up to one (1) years

service

ii two (2) to seven (7)

years service

iii eight (8) to fourteen

14) years service

iv fifteen ( 15) to twenty

one (21) years service

v twenty one (21) years

service plus

ten (1 0) days

fifteen (15) days

twenty (20) days

twenty five (25) days

one (1) vacation day per

additional year of service, up to

a maximum of five (5) days

b) Vacation pay shall be based on an employee's normal regular scheduled

hours.

23 .02 The vacation year shall be January to December.

23.03 Where an employee commences employment on or before the fifteenth (151h) day

of the month they shall receive credit for that month for the purposes of vacation

credit.

23.04 The calendar year in which the anniversary date of commencement of employment

falls will determine the year in which the individual moves to the next level of

vacation entitlement.

23 .05 Vacation entitlement in the first year of employment will be based on a pro-rata

calculation.

21

Example

An employee commences employment on June 1, 2013 .

Their vacation entitlement for the calendar year 2013 would be five (5) days, based

on a calculation of 10 days divided by 6/12ths.

Vacation banks are credited, in advance of being earned, at the beginning of each

calendar year for that current year. However, if employment terminates before the

end of the calendar year, any unearned vacation time already taken will be

deducted from the employee's final pay .

23.06 Vacation entitlement will accrue on a monthly basis .

However, employees will be able to use their vacation entitlement any time after

January 1, or their commencement of employment, provided that the Employer

shall be entitled to recover the value of any vacation not accrued should the

employee leave employment.

23.07 Employees shall have the option of having their unused vacation credits paid in

the pay period in which December 31 51 falls, at that current year's pay rate, or

carrying these unused vacation credits over to the following year. The maximum

carryover is five (5) vacation days, which may be carried over into the next calendar

year. Use of vacation days must comply with the Employment Standards Act.

Employees wishing to do so must submit a written request as per the directions

provided by the Employer, outlining the reasons for the request.

23.08 All requests for vacation shall be submitted to the appropriate supervisor or

manager in writing at least two (2) weeks prior to the time so requested .

The Employer reserves the right to determine the number of employees who shall

be on vacation at any one ( 1) time, consistent with staffing and operational

requirements.

Permission for vacation will be granted firstly on staffing and operational

requirements and secondly on the basis of the priority in which requests are

received.

Should two (2) requests be submitted on the same day and due to operational and

staffing requirements only one (1) request can be granted, then seniority will take

precedence.

Vacation requests for the following calendar year cannot be submitted prior to

October, except in extenuating circumstances .

Short notice vacation requests will be considered on an individual basis .

23.09 An employee shall not normally be entitled to take vacation until the completion of

their probationary period.

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ARTICLE 24- CLASSIFICATIONS AND RATES OF PAY

24.01 Wage rates and classifications will be as set out in Schedule "A".

24.02 The classification titles are descriptive only and employees will be required to

perform related or assigned duties consistent with the position description

applicable to the employee's job classification. Every employee will be entitled to

a copy of his/her position description upon request.

24.03 All changes in salary whether the result of such promotion, demotion, or attainment

of a service anniversary shall be effective on the date of such occurrence. The

date of such change shall become the employer's revised anniversary date for

application of the salary progression only. Thereafter, the employee will advance

one step on the salary schedule annually corresponding to each subsequently

completed year of service in the classification to the maximum . An employee 's

service anniversary date shall be adjusted for all leaves of absence which exceed

thirty (30) calendar days .

24.04 All employees shall be required to authorize the Employer to deposit the

employee's wages directly into the employee's individual bank account.

24.05 Newly hired employees who possess the qualifications to assume the basic duties

and responsibilities of a position shall be assigned to the " Step 1" wage rate

applicable to that employee's classification .

24.06 An employee who changes status from permanent full time to permanent part time

or vice versa in the same classification shall remain at the same step on the salary

schedule and his/her service anniversary date for purposes of salary progression

shall remain unchanged.

24.07 a)

b)

c)

When a new classification or reclassification of current positions is

established by the Employer, the Employer shall determine the rate of pay

for such new classification and notify the Union of the same . If the Union

challenges the rate , it shall have the right to a meeting with the Employer

to endeavour to negotiate a mutually satisfactory rate . Such request will be

made within thirty (30) days after receipt of notice from the Employer of

such new occupational classification and rate. Any change mutually agreed

to resulting from such meeting shall be retroactive to the date of the

commencement of the new rate established by the Employer.

If the parties are unable to agree , the dispute concerning the new rate may

be submitted to arbitration as provided in this Agreement within fifteen (15)

days of such meeting. The decision of the Arbitrator shall be based on the

relationship established by comparison with other classifications within the

bargaining unit, having regard to the requirements of such classifications.

Should the employer substantially change the work of a Bargaining Unit

member during the term of this agreement, the Employer will provide the

Union with appropriate and reasonable notice in writing . The Union will be

given the opportunity to discuss issues which arise out of this clause at the

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Labour/Management committee in order to provide input prior to

implementation of such change .

24.08 Where an employee is temporarily assigned to perform the duties of a higher rated

classification within the bargaining unit for a period which extends beyond ten (1 0)

days , the employee shall be paid for all of the time so engaged at either the Step

1 rate of the new classification , or the rate corresponding to the Step on the salary

grid of the new classification which provides for an increase of at leave five percent

5%) of the employee's hourly rate of pay, whichever is greater.

ARTICLE 25- EMPLOYEE BENEFITS

25 .01 The Employer shall provide the following benefit plan for all permanent full time

employees who have completed their probationary period, in accordance with the

benefit booklets provided by the current carrier. Temporary and part time

employees shall not be entitled to benefits as outlined in this article.

25.02 Dental

The Employer will pay one hundred percent (1 00%) for dental coverage, at ODA

Schedule minus one ( 1) year . Additional major restorative coverage will be for fifty

percent (50%) reimbursement with an annual maximum of fifteen hundred dollars

1 ,500.00) per patient.

25.03 Sick Leave

The Employer will pay one hundred percent (1 00%) of the costs of a short term

disability plan (1-1-4-17), providing coverage for seventeen (17) weeks at seventy-

five percent ( 75%) of salary ( up to a maximum of six hundred and fifty dollars

650.00) per week).

The Employer will pay one hundred percent (1 00%) of the costs of a long term

disability plan, providing coverage after the seventeenth (17th) week of disability at

seventy-five percent (75%) of salary (up to a maximum of thirty five hundred dollars

3,500 .00) per month).

Each employee will be entitled to six (6) paid sick days per year, to be used for

periods not covered by the short or long term disability plans or WSIB. Where an

employee becomes eligible for benefits during a calendar year he or she shall be

entitled to a proportionate number of sick days. An employee terminating before

the year end will be paid sick leave on a pro-rata basis. Employees will be allowed

to utilize these sick days when necessary for medical appointments.

Any unused sick days can either be paid out at one hundred percent (100%) in the

pay period in which December 31st falls, at that current year's pay rate, or can be

used to carry over as vacation days for the next calendar year.

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25 .04 Group Health Insurance

The Employer will pay one hundred percent (1 00%) of the costs of an extended

health care plan covering drugs and other health care services not covered by

OHIP. This plan is subject to annual deductibles of twenty-five dollars ($25.00) per

person and forty-five dollars ($45 .00) per family coverage. Dispensing fees are

capped at twelve dollars ($12.00)

The Employer agrees to provide semi-private hospital coverage to employees .

25 .05 Vision Care

The Employer will pay one hundred percent (100%) of the costs of a vision care

plan. The plan provides prescription glasses or contact lenses or corrective

medical procedures every twenty-four (24) months per covered individual up to a

combined maximum of three hundred and twenty-five dollars ($325.00) effective

upon ratification ; three hundred and fifty dollars ($ 350 .00) effective January 1,

2019 . In addition, employees and eligible family members will be entitled to a

maximum benefit of up to one hundred dollars ($1 00 .00) for an eye examination

every twenty-four (24) months , effective upon ratification .

25.06 Paramedical Practitioners

The Employer will pay one hundred percent ( 100%) coverage to a maximum of

three hundred dollars ($ 300.00) for massage therapy per calendar year , per

covered individual, and to a maximum of three hundred dollars ($ 300.00) per

calendar year, per covered individual, for chiropractic therapy. Physiotherapy will

be covered to a maximum of one thousand dollars ($1000) per calendar year, per

covered individual.

25.07 Hearing Aid

The Employer will pay the costs of hearing aides with a four hundred dollars

400.00) lifetime maximum.

25.08 Group Life Insurance

The Employer will pay one hundred percent (1 00%) of the costs of a life insurance

plan, consisting of one and one half (1 %) times the employee's regular income

with a minimum fifty thousand dollars ($50,000.00) and a maximum of one hundred

thousand dollars ($1 00,000 .00) ( including Living Life coverage). Employees may

make arrangement to self fund the cost of purchasing additional life insurance

coverage, in accordance with the requirements put forth by the Employer's carrier.

25 .09 Accidental Death and Dismemberment Insurance

The Employer will pay one hundred percent (1 00%) of an accidental death and

dismemberment insurance plan , providing coverage up to fifty thousand dollars

50,000.00).

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25.10 Employee Assistance Program

The Employer shall provide an Employee Assistance Program .

25.11 Pension Plan

The Employer shall match an employee's contribution to OMERS .

25.12 Employees working beyond age 65 shall be allowed a seven hundred and fifty

dollar ($750.00) per year Health Care Spending Account as per County Health

Care Spending Policy .

ARTICLE 26- EXPENSES

26.01 An employee should be reimbursed for reasonable out-of-pocket expenses

incurred in the services of the Employer upon submission of a receipted claim for

such expenses that have been authorized for payment by the Department Head or

his/her designate. Authorization for such expense will be in accordance with

policies and procedures established by the Employer.

26.02 If an Employee is required to use his/her personal vehicle in the service of the

Employer, he/she shall be reimbursed at the current County rate.

26.03 Reimbursement of expenses shall occur no later than the second full pay period

following the date of receipt of the reimbursement request by the Supervisor.

26.04 The employer shall pay the premium of adequate insurance to totally cover all

employees in the performance of his/her duties according to the policies and

procedures of the Employer in the event of any legal action brought against an

employee while performing his/her assigned duties for the Employer, such

insurance to be administered in accordance with the rules, regulations and policies

establishing such plan .

26.05 The Employer shall reimburse the employee for any medical certificates/notes

requested by them to a maximum of twenty dollars ($20 .00) per certificate/note.

ARTICLE 27- UNIFORMS

27.01 The Employer shall establish a general account for Superintendents with a work

clothing supplier or suppliers. Employees will be provided a voucher by January

151h of each year. Such supplier(s) shall be reasonably available throughout the

County of Simcoe. Employees may use that account to purchase safety boots,

shirts, pants, coveralls, and other items of work clothing approved by the Employer

in styles and colours approved by the Employer. Employees are required to wear

Employer approved styles and colours of work clothing while at work .

The amount of such account shall be five hundred and twenty-five dollars

525.00) annually for Superintendent employees . The five hundred and twenty-

26

five dollar ($525 .00) annual allotment must be used by December 31 51 of each year

and may not be carried over to the following year. When protective clothing is

supplied it must be worn as a condition of employment.

It is further understood that the aforementioned clothing and boot requirements

shall conform to reasonable guidelines established by the Employer with respect

to Health and Safety or uniformity .

It shall be compulsory for Superintendent employees to wear safety boots when

appropriate while at work for the Employer.

27.02 The Employer will supply to Superintendent employees , on an annual basis, the

work tools required .

ARTICLE 28- IN -SERVICE TRAINING

28 .01 From time to time the Employer will assign employees to attend in-house or

external seminars , workshops and other such training programmes at the

Employer's expense and without loss of regular pay. Opportunities to attend will

be provided as equitably as practicable . Normally this will be achieved by sending

employees to courses on a rotating basis.

28 .02 Whenever an employee is assigned by the Employer to attend an in-service

program, seminar or workshop , the employee 's work schedule shall be revised , if

practicable , to accommodate the assignment.

28.03 The Employer shall make available in-house training courses, seminars and/or

workshops to assist staff in developing specific workplace and general life skills.

Such training will be made available across the board to all classifications where

applicable.

Employees wishing to attend such courses must arrange to do so through the

immediate Supervisor whose prior authorization to attend during regular working

hours is required . Attendance at such courses and workshops shall be without loss

of regular pay and benefits . The Employer shall issue, from time to time , a calendar

of the courses currently available subject to a sufficient number of employees

expressing interest in attending .

ARTICLE 29- GENERAL

29 .01 Correspondence

All correspondence between the parties to this Agreement shall pass to and from

the Employer to the Unit Steward with copies to the OPSEU Staff Representative .

27

29.02 Union Notices/Bulletin Boards

The Employer will ensure that a bulletin board located at the office of the

Corporation is available for the posting of Union notices as authorized by the Local

Union Steward . Notice of each posting will be provided to the Employer prior to

posting.

The Employer shall allow for the Local Union President/Designate to provide and

maintain a locked file cabinet for Union/Confidential Employee Documents in an

area agreed upon by both the Local Union Rep and the Employer. It is understood

that the cabinet shall be used solely for the purpose as outlined above . Said

cabinet will not contain County property and a copy of the key to the cabinet will

be provided to a County Management representative .

29.03 Union notices to employees may be distributed through the internal courier system

subject to authorization of the Department Head or his/her designate.

29.04 Hepatitis B Vaccination

The vaccination against Hepatitis B will be available on a voluntary basis to those

employees who , as a condition of employment , have a possible high exposure to

body fluids . The Joint Health and Safety Committee will identify job functions with

potential for high exposure to body fluids in order to determine entitlement to the

vaccination . Under these approved conditions , the Employer will be responsible

for such costs .

29 .05 Employees covered by this collective agreement will be eligible to apply for the

Corporation ofthe county of Simcoe 's Earned Deferred Leave Program and Tuition

Reimbursement Program as amended from time to time.

ARTICLE 30- COPIES OF AGREEMENT

30.01 The parties desire every employee to be familiar with the prov1s1ons of this

Agreement and his/her rights and obligations under it. The parties shall share the

cost of reproducing this Agreement on a 50/50 cost-shared basis and copies shall

be distributed to each employee by the Union .

ARTICLE 31 - DURATION

31.01 This Agreement, which supersedes all previous Agreements , shall remain in full

force and effect from January 1, 2020 to December 31 , 2022 and shall continue in

force from year to year thereafter unless no more than ninety (90) days before the

date of termination either party furnishes the other with notice of termination or

proposed revision of this Agreement.

28

SIGNED at ( Y),d.l'\u.rs-1- this ___ L_6_day of ~' oe/ 2019.

For THE CORPORATION OF THEcou:;:;; Q.

29

For THE ONTARIO PUBLIC SERVICE

EMPLOYEES UNION

SCHEDULE " A"- WAGES

BUILDING SUPERINTENDENT

100% 1 00% 1 00%

PSA08PSG Current

BLG SUP ( Dec 1, 2019) 1-Jan-20 1-Jan-21 1-Jan-22

I Probation I - P I $ 26 .08 I $ 26.34 I $ 26.60 I $ 26 .87 IStart - S $ 27.03 $ 27 .30 $ 27.57 $ 27.85

Step 1 01 $ 27.33 $ 27 .60 $ 27.88 $ 28.0

Steo 2 02 $ 27.55 $ 27 .83 $ 28.10 $ 28.3

BUILDING SUPERINTENDENT- BILINGUAL

PSA08PSG Current

1-Jan-20BLGSUP ( Dec 1, 2019)

1-Jan-21 1-Jan-22

Probation - P $ 27 .64 $ 27 .92 $ 28 .20

Start - S $ 28.65 $ 28.94 $ 29.23 $ 29 .52

Step 1 01 $ 28.97 $ 29.26 $ 29 .55 $ 29 .85

Steo 2 02 $ 29 .20 $ 29.49 $ 29 .79 $ 30 .08

HOUSING CLERK

PSA08PSG Current

1-Jan-20HSG CLK ( Dec 1, 2019)

1-Jan-21 1-Jan-22

P $ 22.85 $ 23.08 $ 23 .54

S $ 23 .93 $ 24 .66

01

Ste~ 2 02

Step 3 03

Step4 04 $ 27 .55 $ 28.10

HOUSING CLERK -BILINGUAL

PSA08PSG Current

1-Jan-20HSG CLK ( Dec 1, 2019)

1-Jan-21 1-Jan-22

Probation - P $ 24.22 $ 24.46 $ 24.71 $ 24 .95

Start II - S $ 25.37 $ 25.62 $ 25.88 $ 26 .14

Step 1 If 01 $ 26.32 $ 26.58 $ 26.85 $ 27 .12

Step 2 If 02 $ 27.31 $ 27.58 $ 27.86 $ 28 .14

Step 3 If 03 $ 28.24 $ 28.52 $ 28.81 $ 29.10

Step4 If 04 $ 29.20 $ 29.49 $ 29 .79 $ 30 .08

30

LETTER OF UNDERSTANDING #1 - RETIREE BENEFITS

The Corporation of the County of Simcoe

And

Ontario Public Service Employees Union and its Local 328

It is agreed and understood between the parties that the County will make provision with

their insurers within sixty ( 60) days of this Agreement, to allow all employees who

thereafter retire " early" to maintain to age sixty-five (65), at the retiree's cost, his or her

participation in the following group plans:

Extended Health Care , including Vision Care and

Hearing Aid Allowance

Dental

this __ _,\.= B:...,__ day of ~' N\' ee. V , 2019

For THE CORPORATION OF THE

co=~§ -~

31

For THE ONTARIO PUBLIC SERVICE

EMPLOYEES UNION

LETTER OF UNDERSTANDING # 2- HIGH SCHOOL CO-

OPERATIVE OPPORTUNITIES

The Corporation of the County of Simcoe

And

Ontario Public Service Employees Union and its Local 328

Whereas the parties agree that the placement of secondary students as part of a High

School Co-operative program can be viewed as a positive experience for the student, the

employer and the Union, this letter of understanding is a further agreement between the

parties that:

A High School Co-operative Opportunity is defined as credited work experience that is

integrated into a program of studies, supervised by the County of Simcoe and evaluated

by a secondary school and is identified as a gradable course. The student's school

determines the term or length of the co-operative placement.

The following criteria are key elements to be met for proceeding with these placements

with the County of Simcoe:

1. The student must be registered in a co-operative program at a secondary school

at the time of placement.

2. High School Co-operative students are not paid employees of the Corporation.

3. During the placement opportunity the student is entitled to WSIB coverage to be

provided by the Ministry of Education for the entire period of the placement.

Dated at {' V\ , c' n \ACS~ this ___ \..!.. I€>.L..- dayof ~ beL ,2019

For THE CORPORATION OF THECOUN;;; z¥

32

For THE ONTARIO PUBLIC SERVICE

EMPLOYEES UNION

LETTER OF UNDERSTANDING # 3- CO-OPERATIVE

EMPLOYMENT OPPORTUNITIES AND INTERNSHIP

EMPLOYMENT OPPORTUNITIES

The Corporation of the County of Simcoe

And

Ontario Public Service Employees Union and its Local 328

The parties agree that the hiring of post secondary students can be viewed as a positive

experience for the student , the employer and the Union. This letter of understanding is a

further agreement between the parties that:

A Co-operative Employment Opportunity is defined as pre credential work experience

that is integrated into a program of studies , supervised by the County of Simcoe and

evaluated by a post secondary education institute and is identified as a gradable course.

The student 's educational institution determines the term or length of the co-operative

placement.

An Internship Employment Opportunity is defined as credential work experience that is

integrated into a program of studies , supervised by the county of Simcoe and evaluated

by a post secondary education institute and is identified as a gradable course . The

student's educational institution determines the term or length of the internship placement.

The following criteria are key elements to be met for proceeding with these placements

with the County of Simcoe :

1. The student must be registered in a program at a post secondary education

institution at the time of placement. These positions are available only to students

of post-secondary education institutions and therefore one hundred percent

1 00%) of the available positions will be offered to students of post-secondary

education institutions. Employment with the Corporation ends upon completion of

the educational institution 's credit requirements.

2. Age Requirement: The minimum age requirement is sixteen (16) years ' of age .

3. Employment of Relatives: Students who are relatives of current employees of the

Corporation may be employed in a position that does not report directly or indirectly

to a relative employed by the Corporation . Management reserves the right to

consider the impact on any personal relationships occurring in the work place and

take appropriate action where necessary .

4 . The Human Resources Department may work in conjunction with the educational

institutions program coordinator, who will forward applications for qualified

candidates , and/or participate in the educational institutions on campus co-

operative recruiting program .

33

5. Students are paid employees of the Corporation. The rate of pay for the placement

and other conditions of the student's employment must be outlined in a letter or

employment prior to the commencement of the student 's first day of employment.

6 . Each January and September, the Employer shall provide the Union with a list of

names, work locations , and term durations for all students completing a placement

opportunity.

7. Students shall not establish seniority, except in the event that he or she is

subsequently appointed to the permanent staff under Article 15 , in which case their

seniority shall be established from the commencement date of their latest entry

into the bargaining unit.

8. During the placement opportunity the worker is entitled to the following:

Terms of Employment:

Wage Rates: The wage rate for these positions is the same as the student wage

rate offered by the County for all student positions.

Benefits: Students are entitled to statutory benefits. These include Ontario Health

Coverage, Canada Pension Plan ( CPP), Employment Insurance ( EI), and

Workers' Safety and Insurance Coverage (WSI). Students are not entitled to paid

sick leave ( or any paid leave), non-public holidays , and benefit plan coverage or

safety footwear allowance .

Vacation, Holidays and Overtime: A student's entitlement to vacation pay , public

holidays and overtime pay will be in accordance with the Employment Standards

Act, as follows:

Vacation Pay: 4% of earnings paid by direct deposit in accordance with

the Corporation's bi-weekly pay schedule .

Holidays: Public holidays will be paid in accordance with the Employment

Standards Act. The student must work her/his scheduled days before and

after the public holiday.

Overtime: Overtime is paid at the rate of one and one-half (1 .5) times the

rate of pay for each hour worked in excess of the set number of full time

hours that constitute the regular work week in the department where the

student is employed . Overtime is to be compensated in overtime pay or

substituted with lieu-time off.

9. In the event of a reduction in the workforce, the parties agree that co-op students

would be laid off prior to probationary, temporary or permanent members.

34

Dated at i'n, ~¥\,~.\- this __ \ S::....__ day of b.:Oue.N"'cQC , 2019

For THE CORPORATION OF THE

co ~

35

For THE ONTARIO PUBLIC SERVICE

EMPLOYEES UNION

LETTER OF UNDERSTANDING # 4- WORKLOAD

The Corporation of the County of Simcoe

And

Ontario Public Service Employees Union and its Local 328

When an employee has a concern regarding their workload , such concern shall be raised

with their immediate manager/designate in writing within fifteen (15) calendar days after

the circumstances giving rise to the complaint have occurred, using the form in Appendix

A. The manger/designate will provide a written response to the complainant(s), with a copy

to the bargaining unit President/designate , within fifteen (15) calendar days of receiving

the complaint.

Where a resolution is not reached , such workload concerns may be discussed by the local

Labour Management Committee.

Dated at M \ ~"l'\.'"'rs'" this __ ....::1._..9'----day of ~ C , 2019

For THE CORPORATION OF THE For THE ONTARIO PUBLIC SERVICE

cou ~ EMPLOYEES NION

36

LETTER OF UNDERSTANDING # 5- EXCEPTIONS TO REGULAR

WORKING HOURS

The Corporation of the County of Simcoe

And

Ontario Public Service Employees Union and its Local 328

During the term of the collective agreement, this LOU shall replace Article 19.01 c) and

apply to both classifications within the bargaining unit.

The parties agree to the following process for employees to follow when seeking an

opportunity to make up time for appointments made during work hours.

Requests for appointments during work hours will be considered in increments of no less

than thirty minutes up to a maximum of two hours and thirty minutes per occurrence. To

support requests for appointments during work hours, employees must email their

Supervisor outlining details of the purpose of the request with a proposed repayment

schedule for consideration and approval.

All hours to be made up for any one occurrence must be made up in a minimum of one -

half (1/2) hour increments within a two week time frame from the date of occurrence .

Employees who choose to submit a request for time off for appointments during work

hours have up to 15 hours available to be made up in any calendar year. Any requests

over and above 15 hours per calendar year shall use vacation, sick, or unpaid time to

cover these appointments.

Employees who encounter exceptional circumstances may request additional time . The

request for additional time shall be made to their Supervisor or Designate outlining the

circumstances which gave rise to the request.

Requests for appointments during work hours are to be utilized for specialist appointments

or circumstances of a short term nature such as having to leave work early to attend an

approved course or providing assistance to a family member. Employees shall make an

effort to book regular medical appointments , which include dental, chiropractic and

personal appointments , etc., outside of regular working hours . Whenever medical or

dental appointments cannot be scheduled outside normal hours of work, employees shall

endeavor to schedule such appointments as well as subsequent appointments as close

to the beginning or end of the business day as possible. Requests for appointments during

work hours shall not be unreasonably denied.

Hours must be made up before or after regular business hours. The lunch break cannot

be utilized to make up time.

This letter shall be appended to and deemed part of the Collective Agreement.

37

Dated at ffi' d.~~.\- this ___ 18>-=--day of ~' C" V'\' pe'('""" , 2019

For THE CORPORATION OF THE

cou~

38

For THE ONTARIO PUBLIC SERVICE

EMPLOYEES UNION

LETTER OF UNDERSTANDING # 6- OPSEU 328 HOUSING

CLERK STAGGERED HOURS

The Corporation of the County of Simcoe

And

Ontario Public Service Employees Union and its Local 328

The Employer may approve pre-authorized staggered working hours for housing Clerks

to accommodate an employee's personal need in accordance with the following:

1. Such approval will be subject to operational requirements.

2. The Employer will approve one (1) staggered shift, from 8:00a.m. to 4:00p.m. or

from 9:00a.m . to 5:00p.m.

3. The above shift will be available on a rotational basis, offered in two ( 2) week

increments , with the selected shift time to be determined by the employee for that

period.

4. The Housing Clerks will determine amongst themselves the bi-weekly rotation and

present a schedule to the Supervisor, Applicant Tenant Services and/or the Public

Housing Manager for review and approval thirty ( 30) days prior to the

commencement of the rotation.

5. Each Housing Clerk will have the opportunity to participate in the rotation. If any

Housing Clerk(s) elect(s) not to participate in the staggered hours' rotation , then

the rotation schedule will be shared between those remaining Housing Clerks who

wish to participate in the rotation.

6. The first scheduled rotation period will commence the week following ratification

by County Council and continue for a six (6) month period. Each rotation thereafter

will be for six (6) month periods .

7 . Housing Clerks may only elect to join the staggered hours' rotation at the outset of

a new six (6) month period, when the schedule is submitted for approval.

8. Should a Housing Clerk initially commence on the staggered hours' rotation and

wish to change back to regular hours, he or she may change back to regular hours

the next business day, following their notification of their withdrawal from the

rotation . The subsequent vacancy in the rotation shall remain open until the next

available six month window.

39

9. On an exceptional basis, when operationally required, a Housing Clerk who is

working a staggered shift from 8:00 a.m. to 4 :00 p.m ., may be required to work

until4:30 p.m. to ensure adequate coverage , and shall not be eligible for overtime

for the extra thirty (30) minutes. Any extra time worked will be granted as time off

in lieu , at straight time , during the same pay period.

10. Either Party may cancel this agreement at any time with thirty (30) days ' notice.

Dated at M' 0.~\- this __ __:_ I t2:.=- day of ~ elr' V"\' oet ' 2019

For THE CORPORATIO OF THE For THE ONTARIO PUBLIC SERVICE

COUNTY OF SIM E EMPLOY ES NION

40

APPENDIX "A"

APP A: WORKLOAD COMPLAINT FORM

The Collective Agreement acknowledges a process whereby workload issues can be

addressed by a Joint Employer/Union committee. If you have a workload issue, the matter

must FIRST be discussed with your SUPERVISOR/MANAGER. If the problem cannot be

resolved, it may then be forwarded to the LMC .

In order to assist in dealing with the issue , please complete the following :

NAME: ________________________________ __

WORK LOCATION :

CELL PHONE #:

JOB TITLE/

CLASSIFICATION:

WHAT IS THE ISSUE? IS THIS AN ONGOING OCCURRENCE?

HOW IS THIS IMPACTING YOUR WORK?

HOW CAN THE PROBLEM BE RESOLVED?

MANAGER: (name)

STEWARD: (name)

DATE FORWARDED TO THE SUPERVISOR/MANAGER: ________ _

41