caregivers homecare

8/2/2019 Caregivers HomeCare

http://slidepdf.com/reader/full/caregivers-homecare 1/41



THIS AGREEMENT made this day of , Anno Domini, TwoThousand and Ten.

BETWEEN:

CAREGIVERS INC., a body corporate organized and existing under the laws of theProvince of Newfoundland and Labrador and having its registered office in the City ofSt. John’s aforesaid (hereinafter called the “Employer”);

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC ANDPRIVATE EMPLOYEES, a body corporate organized and existing under the laws of theProvince of Newfoundland and having its registered office in the City of St. John's

aforesaid (hereinafter called the "Union");

of the other part;

THIS AGREEMENT WITNESSETH that for and in consideration of the premises andcovenants, conditions, stipulations, and provisos herein contained, the parties heretoagree as follows:



TABLE OF CONTENTS

Article Number and Name Page

1 Purpose ........................................................................................................... 1

2 Recognition...................................................................................................... 1

3 Management Rights ........................................................................................ 1

4 Interpretation and Definitions ........................................................................... 1

5 Union Security ................................................................................................. 3

6 No Discrimination .......................................................................................... 4

7 Harassment ..................................................................................................... 4

8 Grievance Procedure ....................................................................................... 4

9 Arbitration ........................................................................................................ 6

10 Labour Management / Occupational Health Committee .................................. 711 Severe Weather Conditions ............................................................................. 8

12 Probation, Discipline and Employee Files ....................................................... 8

13 Seniority ........................................................................................................ 10

14 Staffing and Scheduling ................................................................................. 11

15 Overtime ........................................................................................................ 14

16 Holidays ......................................................................................................... 15

17 General Leave ............................................................................................... 16

18 Sick Leave ..................................................................................................... 18

19 Leave - Other ................................................................................................. 19

20 Payment of Wages and Allowances .............................................................. 22

21 Strikes and Lockouts ..................................................................................... 24

22 Termination and Layoff .................................................................................. 24

23 Health and Safety .......................................................................................... 24

24 Department of Health Operating Standards .................................................. 26

25 Duration of Agreement .................................................................................. 26Schedule “A” - Classification and Wages ...................................................... 27

Memorandum of Understanding re. Medical Insurance Plan ......................... 29



-1-ARTICLE 1 PURPOSE

1.01 The purpose of this Agreement is to maintain harmonious andmutually beneficial relationships between the Employer, the employees

and the Union and to set forth certain terms and conditions ofemployment.

ARTICLE 2 RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusivebargaining agent for all employees of the Employer except management,Registered Health Professionals, maintenance person, and excludedemployees.

2.02 Any unresolved dispute on future inclusions or exclusions in thebargaining unit will be referred by either party to the Labour RelationsBoard.

2.03 Work of the Bargaining Unit

Employees not covered by the terms of this agreement will not performduties normally assigned to employees within the bargaining unit exceptfor the purpose of instruction, experimenting, emergencies or whenregular employees are not readily available, or as may otherwise bemutually agreed by the parties.

2.04 No Other Agreements

No employees shall be required or permitted to make a written or verbalagreement with the Employer or its representative which may conflict withthe terms of this Agreement.

ARTICLE 3 MANAGEMENT RIGHTS

3.01 The Union recognizes and agrees that, except as may be expresslyand specifically abridged or modified by the provisions of this Agreement,the Employer reserves and retains all rights, power and authority toconduct its business efficiently, manage its operations and direct itsemployees in all respects, including, without limitation, the right, powerand authority to make, enforce and alter, from time-to-time and at anytime, rules, regulations and policies to be observed by the employees.

ARTICLE 4 INTERPRETATION AND DEFINITIONS



-2-4.01 Definitions

(a) “Bargaining Unit” means the bargaining unit recognized inaccordance with Article 2.

(b) “Day” means a calendar day unless otherwisestipulated in this agreement.

(c) “Employee or employees” means any personemployed in a position which falls within the bargaining unit.

(d) “Employer” means Caregivers Inc. doing business as“CareGivers Nursing & Home Care.”

(e) “Holiday” means the twenty-four (24) hours periodcommencing at 0001 hours of a calendar day designated as a

holiday in this Agreement.

(f) “Week” means the period from 0001 hours Saturdayto 2400 hours the following Friday, inclusive.

(g) “Year” means the calendar year unless otherwise provided.

* (h) “Year of Service” means 2184 hours unless otherwise stipulated.

* (i) “Layoff Notice” means notice in writing which is handdelivered to the employee or a person the employee hasdesignated in writing to receive written communication from theEmployer or delivered by registered or certified mail or courier ordelivered via electronic mail with delivery confirmation.

(j) “Business days” means days when CareGivers headoffice is open.

* (k) “Time sheet” means a physical time sheet signed bythe client or a properly completed telephone log.

* (l) “Contacted” means a documented attempt by theEmployer to establish communications with an employee by usingthe contact information provided to the Employer by the employee.

* (m) “Client” means, inter alia ,:1. an individual who is receiving and

paying for care from the Employer; or,2. where the individual receiving care is

incompetent by either permanent physical and/or mentalincapacity, the individual or corporation paying for theprovision of care to the incapacitated individual; or,



-3-3. in the case of a child, the Director of

Child Youth and Family Services; or,4. in the case of an individual receiving

subsidization for care from the Province of Newfoundland

and Labrador, the Province of Newfoundland and Labrador;or,5. in the case of an individual being cared

for under the direction of a Power of Attorney, the personpossessing the Power of Attorney; or

6. in the case of an individual receivingcare that is paid for by another person, the person paying forthe care.

4.02 Gender

For the purpose of this Agreement, the masculine shall be deemed toinclude the feminine and the plural indicate the singular and vice versa asthe context may require.

ARTICLE 5 UNION SECURITY

5.01 (a) Deduction of Union Dues

The Employer shall, as a condition of employment, deduct from thebi-weekly pay of every member of the bargaining unit an amountequal to the regular bi-weekly membership dues of the Union.

(b) Notification of Deductions

The amount of the regular dues shall be authorized by the Unionand the Union shall notify the Employer of any changes therein inwriting at least one (1) month prior to the effective date of suchchange.

5.02 * Remittance of Union Dues

Deductions shall be forwarded to the President of the Union by onemonthly cheque within a reasonable time after the end of the month inwhich the deductions were made. The cheque shall be accompanied by alist which shows the employee’s full name, unique Employee ID# andclassification and the amount deducted on the employee’s behalf. This listshall also include any additions and deletions that occurred in the previousmonth.

5.03 * Shop Stewards



-4-The Employer acknowledges the right of the Union to appoint or electShop Stewards on a ratio of 1:20. The Union shall notify the Employer inwriting of the name(s) of the Steward(s) before the Employer shall berequired to recognize her.

5.04 Union Leave for Processing Grievances and Complaints

(a) Every effort shall be made to schedule meetings during anemployees’ time off. In the event that this is not practical, andwhere operational requirements permit, the grievor and one (1)local union representative shall be granted leave without pay fromtheir regular duties to attend grievance meetings with the Employer.In the case of a group grievance, one (1) employee from the groupwill be entitled to such leave.

(b) The Employer recognizes the right of employees to berepresented by a paid full time representative of the Union at anyformal step in the grievance and arbitration procedure.

5.05 * New Members

The Employer agrees to give new employees a union card, a copy of theCollective Agreement and a list of the local executive and shop stewards,as provided by the union.

5.06 Bulletin Boards

The Employer shall provide a bulletin board for the use of the Union. Thesite of the bulletin board will be determined by mutual agreement. It isagreed that such a bulletin board will not be erected in areas normallyfrequented by clients. Articles, circulars, memos, etc. dealing with Unionbusiness will only be posted on the designated bulletin board.

ARTICLE 6 NO DISCRIMINATION

6.01 * The Employer and the Union agree that there shall be nodiscrimination with effect to any employee in the matter of hiring, wagerates, training, upgrading, promotion, transfer, layoff, recall, discipline,classification, discharge, assignment of work, or otherwise by any groundsprohibited under the Human Rights Code of Newfoundland and Labrador,nor by reason of his/her membership or activity in the Union.

ARTICLE 7 HARASSMENT



-5-7.01 * The Employer and the Union recognize the right of employees to

work in an environment free from harassment as defined in the Newfoundland and Labrador Human Rights Code . The Employer shallundertake to investigate alleged occurrences of harassment with

reasonable dispatch.

ARTICLE 8 GRIEVANCE PROCEDURE

8.01 Definition

For the purpose of this Agreement, a Grievance means a complaint inwriting presented in accordance with this Agreement arising out of theinterpretation, application, administration or alleged violation of the termsof this Agreement.

8.02 Grievance Process

Complaint Stage (Verbal)

It is the mutual desire of the parties to this Agreement that differencesshall be resolved as quickly as possible. It is understood that bothemployee and union policy grievances must be discussed at the complaintstage prior to becoming a valid grievance. An employee has no grievanceuntil the employee has first submitted her complaint to the Shop Stewardand said Steward considers the complaint to be justified and until theemployee and shop steward have given his/her immediate supervisor oranother supervisor designated by the Employer the opportunity to resolvethe complaint. Such complaint(s) shall be discussed with the immediatesupervisor within five (5) business days after the circumstances giving riseto the complaint occurred or after such circumstances ought reasonably tohave come to the attention of the employee or the Union. The Employershall provide a response to the complaint within five (5) business days ofthe discussion.

Step 1 (Written)

Failing settlement at the complaint stage, the employee may submit aformal grievance, in writing, signed by both the grievor and the ShopSteward, to the immediate supervisor within five (5) business days of theresponse at the complaint stage. Such grievance shall state the nature ofthe grievance, the remedy sought and the provisions of the Agreementwhich are allegedly violated. The supervisor shall reply to the grievance inwriting no later than five (5) business days from the time the grievancewas submitted to her.

Step 2



-6-Failing settlement at Step 1, the grievor, through the Shop Steward, maysubmit the grievance within five (5) business days from the reply at Step 1to the General Manager or designate. The General Manager or designateshall meet with the Shop Steward and the grievor in an effort to settle the

grievance. The General Manager or designate shall reply to the grievanceno later than ten (10) business days from the time the grievance wassubmitted to her.

Step 3

Failing settlement at Step 2, either party may refer the grievance toarbitration within fifteen (15) business days of the Step 2 decision.

8.03 Union Representation

The employee may be represented by a full time representative of theUnion at Step 1, 2 or 3 of the Grievance Procedure.

8.04 Time Limits

The time limits specified in this Article may be extended in writing bymutual agreement of the parties.

8.05 Suspension or Discharge Grievance

A grievance by an employee who has completed her probationary periodclaiming that she has been unjustly discharged or suspended may besubmitted directly to the General Manager or designate at Step 2 of theGrievance Procedure. Such grievance must be received by the GeneralManager or designate within five (5) business days of the date ofnotification of the suspension or discharge.

8.06 Policy and Group Grievances

(a) Policy Grievance

Where a grievance is initiated by either the Union or the Employer,the procedure shall start with the General Manager or designate atStep 2 of Clause 8.02.

(b) Group Grievance

Where a number of employees have similar grievances and eachemployee would otherwise be entitled to grieve separately, they willpresent a group grievance in accordance with Article 8.02identifying to the General Manager or designate each employeewho is grieving.



-7-

8.07 Technical Objections to Grievances

No grievance shall be defeated or denied by a technical objection

occasioned by a clerical, typographical or similar technical error, or by theinadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION

9.01 No matter may be submitted to arbitration under this article unlesssettlement thereof has been attempted through the grievance procedureset out in Article 8.

9.02 Notice to refer a grievance to arbitration shall be in writing in

accordance with the time limits set out in the grievance procedure. Failureto refer a grievance to arbitration within the specified time limits will beinterpreted as abandonment of the grievance.



-8-9.03 With ten (10) workdays from the time of the notice to either party of

its intention to submit the grievance to arbitration, the parties shall appointtheir respective nominees to the arbitration panel, who will select amutually agreeable chair within a further fifteen (15) days, or if mutually

agreed the parties may, within the initial ten (10) days period agree to theappointment of a sole arbitrator to hear the matter.

The parties may mutually agree to the substitution of a single Arbitrator foran Arbitration Board in which event the provisions of this article and anyother provisions which refer to an Arbitration Board shall apply equally to asingle Arbitrator. Should the parties fail to agree upon an Arbitrator, thenthe party initiating the grievance shall request the appointment of anarbitrator by the Minister of Labour.

9.04 The decision of the arbitration panel shall be binding on both

parties. The arbitrator shall have no authority or discretion to alter, amendor modify any provisions of this agreement.

9.05 The arbitration panel shall render its decision in writing within thirty(30) days from the date of the hearing.

9.06 Each party shall pay:

(a) the fees and expenses of the nominee it appoints; and(b) one-half (½) of the fees and expenses of the Chairperson.

9.07 If agreed by the parties, alternative dispute resolution mechanismsmay be employed as an alternative to the traditional arbitration process.

9.08 Time limits may be extended by mutual agreement, in writing,between the parties to the grievance.

9.09 The parties may have the assistance of employees who arerequired to appear as witnesses in arbitration. Employees who arerequired to appear as a witness will be granted time off work without pay.

ARTICLE 10 LABOUR-MANAGEMENT/OCCUPATIONAL HEALTH COMMITTEE

10.01 The parties agree to establish a Labour-Management Committeecomprised of not more than two (2) employees and two (2) Employerrepresentatives. The topics for discussion and the frequency of themeetings shall be determined by mutual consent of the parties.

10.02 Discussions held during Labour-Management Committee meetingsshall be considered “without prejudice” and agreements reached shall not



-9-be binding on either party unless specifically agreed in writing between theunion and the Employer.

10.03 Recognizing its responsibilities under the Act, the Employer agrees

to accept as a member of its Occupational Health and Safety Committee,one (1) bargaining unit representative selected or appointed by the Union.

ARTICLE 11 SEVERE WEATHER CONDITIONS

11.01 * During severe weather conditions or a declared state ofemergency, the Employer shall determine whether or not operations willbe suspended in a particular area or community. Should a suspension ofoperations occur employees shall suffer no loss of pay.

ARTICLE 12 PROBATION, DISCIPLINE AND EMPLOYEE FILES

12.01 Probation - Probationary Period

The probationary period shall be the lesser of six (6) calendar months orfour hundred and eighty (480) working hours from the date of hire. For thepurpose of this Clause, time off with pay approved by the Employer shallbe considered as time worked.

12.02 Discipline

Notification

* (a) The Employer has the right to discipline anddischarge employees for just cause. Where the Employer isconsidering taking any form of written disciplinary action against anemployee, the Employer shall conduct its investigation in anexpeditious manner and shall notify the employee of anydisciplinary action within ten (10) business days of the occurrenceor discovery of the matter giving rise to the discipline.

(b) Right to Representation

Where an employee is required to attend a meeting with theEmployer to be discharged, suspended or given a written warning,or to discuss a matter for which some level of written discipline isbeing considered, the Employer shall advise the employee that shehas a right to be accompanied by a Shop Steward. The employeewill be informed of the nature of the meeting in advance. It is theresponsibility of the employee to acquire union representation.



-10-* (c) Justice and Dignity

Where an employee is suspended as part of an ongoinginvestigation conducted by the Employer, the employee shall be

compensated for time lost to a maximum of three (3) shifts. TheEmployer shall take all reasonable efforts to conclude theinvestigation within a one (1) week period.

In the event that the Employer is unable to complete itsinvestigation within the above time frame, the Union and theEmployer shall meet to discuss amending the investigation time lineand awarding appropriate compensation to the suspendedemployee.

* (d) Unjust Suspension or Discharge

Should it be found upon investigation that an employee has beenunjustly suspended or discharged, the employee shall beimmediately reinstated in his/her former position, without loss ofseniority and shall be compensated for all time lost in an amountequal to his/her normal earnings during the pay period nextpreceding such discharge or suspension, or by any otherarrangement as to compensation which is just and equitable in theopinion of the parties or in the opinion of a Board of Arbitration if thematter is referred to such a Board.

12.03 Employee Files

There shall be only one (1) employee file, and the employees shall haveaccess to review his or her file, provided reasonable notice is given, andManagement is present. This right will not be exercised more often thanonce every three (3) months.

12.04 * A written warning or other disciplinary record shall not beconsidered in subsequent disciplinary action if the relevant period of timehas expired without a violation or infraction being committed that warrantsdisciplinary action.

The above noted period of time for verbal discipline shall be twelve (12)months and for written discipline shall be eighteen (18) months.

12.05 * Criminal Liability: Indemnity for Legal Fees

The Employer shall defend, negotiate or settle civil and/or criminal claims,suits or prosecutions arising out of acts performed by an employee in thecourse of his/her duties, provided that the Employer is satisfied that theemployee performed duties as required by the Employer. No



-11-compensation shall be paid for legal counsel not pre-approved by theEmployer.



-12-ARTICLE 13 SENIORITY

13.01 Seniority Defined

(a) Subject to Clause 13.04, seniority for all employees shall bedetermined by the employee’s total hours worked with thecompany.

(b) The parties agree that regardless of the actualnumber of hours worked in any calendar year, the maximumnumber of seniority hours credited to an employee will be twothousand and eighty (2080) hours per calendar year.

(c) Seniority shall operate on a bargaining unit widebasis.

13.02 * Seniority List

The Employer shall maintain a seniority list for all employees. An up-to-date seniority list shall be sent to the Union and posted in January andJuly of each year. The seniority list for all employees shall show, subjectto Clause 13.04, the last date of hire and the hours of service for eachemployee by classification and home office location. The “cut off date” for the January list will be the end date for the final payroll in December ofthe previous year and the July list cut off date will be the final pay period ofJune.

13.03 Probation for Newly Hired Employees

After the completion of the probationary period as specified in Article 12,employees shall be credited with seniority for all paid hours accumulatedduring the probationary period, and seniority shall be effective from theoriginal date of hire with the Employer.

13.04 Loss of Seniority

An employee shall lose all seniority and service and her employment willbe deemed to be terminated if she:

(a) is discharged for just cause and is not reinstated by an Arbitrator orunder the Grievance Procedure;

(b) resigns;

(c) is absent from work in excess of three (3) workingdays without notifying the Employer of such absence and withoutproviding a satisfactory reason(s) to the Employer;



-13-

* (d) fails to return from layoff within seven (7) calendardays of being notified by registered, certified or hand delivered mail,except when such failure is caused by sickness verified by a

medical certificate or by just cause. It shall be the responsibility ofthe employee to keep the Employer informed, in writing, of his/hercurrent address and telephone number;

(e) is laid off for a period longer than twenty four (24) months.

* (f) The Employer has attempted to contact the employeefor recall from layoff and the employee has not responded to theEmployer within five (5) days without providing satisfactory reasonsto the Employer.

(g) Makes any arrangement with a CareGivers client toprovide services outside their scheduled work with the client oroutside the Employer’s contractual arrangement with the client.

13.05 * (a) Transfers and Seniority Outside Bargaining Unit

No employee shall be transferred to a position outside thebargaining unit without her consent.

* (b) Leave for Work Outside the Bargaining Unit

Effective April 1, 2010, the Employer may, at its sole discretion,offer temporary employment outside the bargaining unit tomembers of the bargaining unit. Such employees shall be entitledto a maximum of twelve (12) months unpaid leave for the purposesof accepting work outside the bargaining unit as offered by theEmployer.

(i) An employee who takes leave to accept work outside thebargaining unit shall not be subject to any benefits of thisagreement during this period, save and except seniority.Seniority shall accrue at a rate equivalent to the period oftime on leave. For example, if the employee is on leave forsix (6) months, s/he shall accrue the equivalent of six (6)month’s seniority.

(ii) Employees may return to their regularbargaining unit position subject to giving the Employer two(2) week’s notice, in writing.

(iii) Employees shall continue to pay dues.



-14-(iv) Employees shall not have access to the

grievance procedure.

ARTICLE 14 STAFFING AND SCHEDULING

14.01 Hours of Work

(a) Recognizing the particular and unique needs ofclients of the Caregivers Inc. and that the very nature of this workdictates that such services cannot always be predicted in advance,the parties, therefore, agree that the work schedules for employeesmay be arranged on a flexible basis in the interest of client careand/or efficiency of the Employer’s operation.

* (b) The parties acknowledge that client needs and/orpreferences may impact staffing actions.

* (c) Priority Call-In List

In situations where the compatibility between the client and theemployee is brought into question, the Employer agrees to meetwith the employee and the Union to discuss resolution of the rootcause of the incompatibility or the availability of alternate work. TheEmployer shall endeavour to provide the employee with similarwork and the employee shall accept such work when offered.

In the event that alternate work is not immediately available, theemployee shall be placed, relative to seniority, within the PriorityCall-In List.

(d) Employees who wish to be considered for reassignment may makesuch a request, in writing, to the Employer.

14.02 * (a) The parties recognize that job security shouldincrease with an employee’s length of service. In keeping with thisprinciple, and provided that the employee is qualified, able to meetclient needs and is readily available CareGivers will scheduleemployees on a seniority basis to a maximum of eighty (80) hoursbi-weekly, save and except those employees who fall under Clause15:01 (b).

* (b) Employees who are scheduled to work less thaneighty (80) hours in a bi-weekly pay period, and who wish to beconsidered for additional hours, must advise the Employer, inwriting, of their availability. The Employer is not obligated to offeradditional or alternate hours to employees who do not clearly state



-15-in writing their availability for such hours, save and except thoseemployees who fall under Clause 15:01 (b).

14.03 Where scheduling contingencies make it practical, the Employer

shall endeavor to schedule weekend, evening and night assignments on arotational basis.

14.04 * An employee is not obligated to accept a shift that is less than three(3) hours in duration with the exception of staff meetings, attendance atinvestigations and training.

14.05 It is the responsibility of employees to ensure the Employer isnotified in writing of their current mailing address, telephone number(s),and applicable banking information.

14.06 (a) Employees who wish to regularly work less than 40hours per week shall so request to the employer in writing usingthe appropriate form. Where the employer grants such a request,the employee will not be considered for any additional hoursbeyond those requested.

* (b) Employees who are attending an approved program of studyat a recognized educational institution may limit their availability soas to exclude time that are required to attend class. Confirmationof school schedules shall be required.

* (c) Employees who are scheduled for less than forty (40) hoursper week, or a lesser number as determined by Article 14.06 (a),shall accept additional shifts as assigned to them up to theemployee’s specified maximum.

(d) An employee will not be scheduled to work more than six (6)consecutive days without days off except by mutual agreement ofthe employee and Employer.

* (e) Employees may be permitted to change shifts with anotheremployee provided the request is made in advance and approvedin writing by their immediate supervisor or scheduling coordinator.Requests for shift switches must be made in the pay period inwhich they occur and shifts may only be changed for another shiftin the same pay period. Employees shall not be paid overtime forany hours worked as a result of an unapproved schedule change.

* (f) The Employer shall schedule at least eight (8) hoursbetween shifts for employees unless the employee and theEmployer mutually agree otherwise.



-16-(g) Subject to the other provisions of this Article, the

Employer shall make a reasonable effort to schedule work on anequitable basis so as to maximize their hours of work. TheEmployer shall also make a reasonable effort to schedule work so

as to provide consecutive hours where possible.

* (h) If an employee reports for a scheduled shift and theshift is subsequently cancelled, the employee shall be paid for thescheduled hours.

(i) If an employee is scheduled for specific training in theclient’s home these scheduled hours will be considered to be hoursworked.

* (j) Each employee shall advise the Employer, in writing, of the

geographical area in which s/he is prepared to work. Employeesmay change the geographic area by providing written notice to theEmployer no less than three (3) weeks prior to the requested dateof change.

14.07 * Call-In Priority Shift Lists and Overtime Lists

(a) The Employer shall maintain a list of employees forcall-in and overtime shifts. All employees shall be included on thecall-in and overtime lists, save and except those YCW3 and YCW4and Home Supervisor employees who have opted out.

(b) Opt outs, as noted in 14.07 (a), shall be provided tothe Employer in writing. Opt out notifications shall only be acceptedby the Employer on a quarterly basis. For greater certainty, YCW3,YCW4 and Home Supervisor opt outs will be processed on January1, April 1, July 1 and October 1, of any calendar year.

(c) If an employee refuses any three (3) call-in shifts in a six (6) monthperiod without cause, the employee shall be dropped to the bottomof the seniority list (in accordance with Article 13.04).

ARTICLE 15 OVERTIME

15.01 (a) All time worked by an employee in excess of forty (40)hours in a week or thirteen (13) hours in a day shall be consideredovertime. All overtime is subject to the prior approval of theEmployer. Subject to mutual consent, an employee can elect inwriting to calculate their overtime on a bi-weekly basis. In suchcases, all time worked by an employee in excess of eighty (80)hours bi-weekly shall be considered overtime.



-17-

(b) All time worked by an employee (working a twelve(12) hour shift rotation in excess of eighty-four (84) hours bi-weeklyshall be considered overtime. All overtime is subject to the prior

approval of the Employer.

* (c) In the event that an employee’s shift is extended beyondtwelve (12) hours, the Employer will provide the appropriate meals,where reasonable.

15.02 (a) All overtime hours worked shall be compensated atthe rate of one and one half of the employees regular rate of pay forthat position.

(b) In lieu of payment for overtime, employees may choose to receive

time off with pay to be taken at a date mutually agreed between theemployee and the Employer. The employee’s request to receivetime off rather than payment must be included with the employee’stime sheets for the week in which the overtime was worked. Such“banked” overtime shall be recorded at the rate established inaccordance with clause 15.02 (a).

15.03 * The Employer shall take reasonable efforts to distribute scheduledovertime on an equitable basis among readily available employees withinthe various classifications (subject to Clause 22:05 - Priority Call-In List).

15.04 Double Shift

An employee shall not be required to work a double (2) shift withouthis/her consent except under emergency circumstances.

15.05 * Overtime Lists

If an employee who has elected to be on the “Overtime” call list iscontacted for a shift but refuses, that employee shall be placed on thebottom of the overtime call list.

ARTICLE 16 HOLIDAYS

16.01 * Holidays

The following are recognized as statutory holidays:

New Year’s Day Good Friday

Victoria Day



-18-Canada DayLabour Day

Thanksgiving DayRemembrance Day

Christmas Day

* (NOTE: It is understood that an employee who is on approved leavesatisfies the requirements of Clause 16.02(2).)

16.02 Holiday Pay

1. Employees who work on a statutory holiday will receive payment atdouble (2) time rates for all hours worked.

2. Employees who do not work on the statutory holiday will be paid as

follows:

Provided that an employee has been employed for at least thirty(30) days prior to the statutory holiday and has worked his/herscheduled shift prior to and after the statutory holiday, theemployee shall be compensated for the statutory holiday on a prorata basis in accordance with the average number of hours workedin a day for the twenty one days period immediately prior to thestatutory holiday.

16.03 Christmas and New Year's

(a) The Employer agrees that whenever possible, an employeescheduled to work on Christmas Day shall not be scheduled towork on New Year's Day, and an employee scheduled to work onNew Year's Day shall not be scheduled to work on Christmas Dayunless otherwise mutually agreed between the employee and theEmployer.

(b) The Employer agrees that whenever possible, employees who workChristmas of one year shall have Christmas off the following year,and employees who work New Year's of one year shall have NewYear's off the following year unless otherwise mutually agreedbetween the employee and her immediate supervisor.

(c) An employee may request to not be scheduled one of eitherChristmas Day or the corresponding New Year’s Day. TheEmployer shall make best efforts to accommodate such a request.

ARTICLE 17 GENERAL LEAVE



-19-17.01 * (a) Employees shall be provided with paid leave that shall

be used for the purposes of vacation, sick, family, bereavement orpersonal leave. Once an employee has exhausted their paidgeneral leave, they may be entitled to unpaid leave at the discretion

of the Employer. Employees who fail to accept work for reasons ofillness or cancel a scheduled shift because they are sick arerequired to use any general leave that is available to him/her at thattime.

* (b) Employees shall be entitled to paid leave, inaccordance with their hours of work as follows:

Greater than 480 hours but less than 6% of wagespaid

five (5) continuous calendar years of

service

Five(5) or morecontinuous calendar

8% of wagespaid

years of service

Probationary employees shall only be entitled to 4% vacation pay,paid out during each bi-weekly pay period.* (c) General leave shall be banked as accrued wages andactual leave time shall be calculated as follows:

Bank ÷ Current Wage = Available Leave Hours

Where “Bank: is the amount accrued by the employeeunder 17.01 (b) and Current Wage is the employee’s current wagerate at the time when leave is requested.

* (d) Employees shall be permitted to carry forward amaximum amount of General Leave equivalent to sixty (60) hoursover a Calendar year.

* (e) For the purposes of General Leave, a calendar yearshall be considered to be February 1 - January 31.

17:02 * Requests for use of general leave for purposes other than sick,family, or bereavement leave, shall be made a minimum of four (4) weeksprior to the requested date. Requests for general leave made less thanfour (4) weeks in advance shall be at the sole discretion of the Employer.



-20-17:03 * (a) Employees who wish to use their general leave

for the purposes of sick leave or family leave shall providethe Employer with twenty-four hours notice where possible.The Employer may require a note from a qualified medical

practitioner for any period of sick leave in excess of two (2)consecutive days or where the Employer has reasonablegrounds to question the validity of the employee’s claim for sick leave.

* (b) an employees shall be granted general paid leave for familypurposes to:

(i) attend to the temporary care of a sickfamily member living in the same household;

(ii) attend meetings with school authorities

concerning a dependent child;

(iii) attend to the needs related to home orfamily emergency; or

(iv) accompany a dependent family memberliving in the same household on a dental or medicalappointment.

Employees shall provide written verification of the above where sorequested by the Employer.

* (c) Sick leave benefits are not payable for any reasonother than personal illness.



-21-17.04 * General Leave benefits are not payable for any reason other than

leave.

(NOTE: Upon termination of employment, any leave balance shall be paid

out to the employee. It is understood that employees who are unable toobtain approval for paid leave and would otherwise lose accumulated paidleave shall be paid out at the end of the vacation year.)

ARTICLE 18 SICK LEAVE

18.01 * Unpaid Sick/Family Leave

(a) Once General Leave has been exhausted, an employee mayrequest up to seven (7) days of unpaid leave for the purposes of

unpaid sick leave or unpaid family leave.

(b) The Employer may require a note from a qualifiedmedical practitioner for any period of unpaid sick leave in excess oftwo (2) consecutive days or where the Employer has reasonablegrounds to question the validity of the employee’s claim for sickleave.

(c) Subject to Clause 18.01 (d), an employee shall begranted unpaid family leave to:

(i) Attend to the temporary care of a sickfamily member living in the same household;

(ii) Attend meetings with school authoritiesconcerning a dependent child;

(iii) Attend to the needs related to home orfamily emergency; or

(iv) Accompany a dependent family memberliving in the same household on a dental or medicalappointment.

(d) In order to qualify for family leave, the employee shall:

(i) Provide as much notice to the Employeras reasonably possible;

(ii) Provide to the Employer valid reasonwhy such leave is required; and

(iii) Where appropriate, and in particularwith respect to (ii) and (iv) of 18.01 (c), have endeavoured toa reasonable extent to schedule such events during off dutyhours.



-22-(iv) The employee may be required to

provide verification of circumstances resulting in request forfamily leave.

18.02 (a) The Employer may require a note from a qualifiedmedical practitioner for any period of sick leave.

(b) Employees who fail to accept work for reasons ofillness or cancel a scheduled shift because they are sick arerequired to use any sick leave that is available to him/her at thattime.

(c) The Employer may require a written statementoutlining the nature of any request for family responsibility leave.

18.03 * Notification

Employees must inform the Employer as soon as possible of theirintention to request unpaid sick leave or unpaid family responsibility leave,and must contact the Employer prior to their anticipated return to work.

18.04 * Injury on Duty

An employee who is injured at work in the performance of their duties asan employee and is either required to leave for medical treatment or issent home because of such injury shall receive payment for the remainderof their scheduled shift on that day.

ARTICLE 19 LEAVE - OTHER

19.01 Leave for Negotiations

Where operational requirements permit, and provided at least fourteen(14) days written notice has been provided to the Employer in advance,leave without pay and without loss of seniority shall be granted to up tothree (3) employees who are members of the Union’s NegotiatingCommittee while attending negotiations with the Employer. This leaveshould be contingent on operational requirements.

19.02 * Leave Without Pay for Union Business

(a) Where operational requirements permit, and provided at leastfourteen (14) days written notice has been provided to theEmployer in advance, the Employer may grant leave of absencewithout pay and without loss of seniority for a period of one (1) yearfor an employee selected for a full time position with the Union.



-23-The period of leave of absence may be renewed upon request.Employees will not accrue any service or benefits, except seniorityduring such an absence.

(b) Where operational requirements permit, and onreasonable notice, the Employer may grant leave of absencewithout pay and without loss of seniority to employees to attendunion workshops, conferences or other union business.



-24-19.03 * Bereavement Leave

(a) Immediate Family

An employee who has been employed with Caregivers for acontinuous period of at least thirty (30) days shall be given three (3)days Bereavement Leave consisting of three (3) days unpaid leave.Bereavement Leave must be provided immediately following thedeath of the spouse, a child, a grandchild, the mother or father, abrother or sister, a grandparent or a mother-in-law, father-in-law,sister-in-law, or brother-in-law, son-in-law or daughter-in-law, of theemployee.

If the employee has been employed for less than thirty (30) days,then the employee is entitled to two (2) days of unpaid leave for

similar bereavement.

(b) Leave to Attend Funeral

Employees are entitled to bereavement leave without pay to attendthe funeral of the employee’s aunt, uncle, niece or nephew.

(c) Employees shall, upon request, provide the Employerwith written proof of death in a form acceptable to the Employer.

19.04 * Maternity Leave and Parental Leave

(a) Maternity and Parental Leave will be granted in accordance withthe Labour Standards Act unless otherwise amended herein.

(b) An employee who is pregnant shall be entitled, uponapplication, to maternity leave without pay to commence not earlierthan seventeen (17) weeks prior to the expected date of birth. Theemployee shall give the Employer at least two (2) weeks notice ofthe date the leave is to begin and shall provide a medical certificatefrom a medical practitioner stating the estimated date of birth.

(c) An employee who is the parent of a child shall beentitled , upon application, to parental leave without pay tocommence no more than thirty-five (35) weeks after the day thechild is born or comes into the care and custody of the parent forthe first time. The employee shall give the Employer at least two(2) weeks notice of the date the leave is to begin.

(d) The maximum leave allowed under this clause shallbe seventeen (17) weeks for maternity leave and thirty-five (35)



-25-weeks for parental leave for a combined maximum of fifty-two (52)weeks in total.



-26-(e) The employee shall give at least four (4) weeks notice

of his or her intention to return to work and, in the case of maternityleave, shall provide a satisfactory certificate of fitness from amedical practitioner.

(f) Upon return from maternity or parental leave, theemployee shall resume her former duties at her former position butnot necessarily the same case, subject to the availability of work.

(g) Subject to Clause 19.02, an employee who, beforecommencing maternity leave, becomes ill as a result of or relatingto her pregnancy shall be entitled to sick leave upon production ofmedical certification satisfactory to the Employer.

(h) While on maternity or parental leave, employees shall

not earn any benefits of this Agreement, except seniority. Senioritywill be based on the average of the previous work year.

(i) An employee on maternity or parental leave shall beconsidered for any vacancies for which s/he has applied inaccordance with the provisions of Article 14. If the employee issuccessful, his/her trail period shall start upon his/her return towork.

19.05 * Adoption Leave

(a) In accordance with the Labour Standards Act , an employee wholegally adopts a child shall, subject to the approval of the Employer,be granted special leave without pay for a maximum of fifty-two (52)calendar weeks. Where possible, the employee shall give theEmployer at least two (2) weeks notice of the date the leave is tobegin and shall provide proof of adoption.

(b) The employee shall give at least four (4) weeks noticeof her intention to return to work from adoption leave.

(c) Upon return from adoption leave, the employee shallresume her former duties at her former position, subject to theavailability of work, with no loss of seniority.

(d) While on adoption leave, employees shall not earnany benefits of this Agreement, except seniority. Seniority will bebased on the average of the previous work year.

(e) An employee on maternity or parental leave shall beconsidered for any vacancies for which s/he has applied inaccordance with the provisions of Article 14. If the employee is



-27-successful, his/her trial period shall start upon his/her return towork.



-28-19.06 * Paid Jury, Court Witness or Jury Selection Leave

The Employer shall grant leave of absence without loss of pay, seniority,or accumulative benefits to an employee who is summoned for jury

service, or serves as a juror, or who is subpoenaed to attend upon a courtas a witness in a court proceeding. The employee will present proof ofsuch attendance.

19.07 * Common Leave

With the approval of the Employer, an employee may be granted leave ofabsence without pay and without loss of seniority in exceptionalcircumstances.

19.08 * Education Leave

(a) An employee who is upgrading her employment qualificationsthrough an Employer approved course shall be entitled to leave ofabsence without pay to write examinations required by suchcourse. The employee is required to provide fourteen (14) dayswritten notice of the date and time of such exam.

(b) Employees may avail of Employer approvededucation leave without loss of seniority but without accumulationwhile on educational leave.

19.09 * Extended Unpaid Leave

Upon written request, an employee who has completed two (2) years ofservice shall be granted leave to a maximum of twelve (12) monthswithout pay or seniority and without loss of accumulated seniority andbenefits provided that such leave shall not cause an unreasonableinterference with the Employer’s operation. An employee shall be entitledup to a maximum of twelve (12) months unpaid leave for each two (2)years of service with the understanding that no employee can have morethan twelve (12) consecutive months of unpaid leave at any one time.Employees shall not be subject to any benefits of this Agreement duringthis period. The minimum amount of unpaid leave an employee mayrequest under this Clause is sixteen (16) weeks.

ARTICLE 20 - PAYMENT OF WAGES AND ALLOWANCES

20.01 Classifications and Wages

(a) Employees shall be paid wages as set out in Schedule A -Classifications and Wages.



-29-

(b) The Employer shall develop and maintain job descriptions for eachbargaining unit position. Copies of these job descriptions will bemade available to the employees and the Union within three (3)

months of the signing of this agreement.

20.02 * Verification of Work and Payday

(a) Telephony logs and/or time sheets are required toverify work performed. Employees are responsible for the accuratecompletion of time sheets and telephony records. Telephonyrecords and time sheets shall only be completed by the individualemployee and no employee shall access the telephony records ortime sheets of another employee.

(b) Time sheets shall only be completed for the particularshift worked by the employee and will not be signed in advance bythe client.

(c) Telephony Abuse

No employee shall perform any telephony function on behalf ofanother employee. Any employee found to be using or modifyingthe telephony account of another employee shall be subject todiscipline up to and including termination of employment.

20.03 * Pay Day

(a) Employees shall receive their pay bi-weekly. Overtime pay shall beincluded in the regular pay for the pay period next succeeding thepay period during which overtime was earned. On each pay day,each employee shall be provided with an itemized statement of herwages, overtime, accrued leave and all payroll deductions.Employees are responsible to review their pay records and reportany discrepancies to the Employer within thirty (30) days of receiptof payroll statement.

(b) Pay day is every second Friday. The Employer will make everyreasonable effort to ensure that direct deposit are made everysecond Thursday, provided that the employee has submittedhis/her time sheets within the prescribed time frame.

(c) Employees must provide signed timecards to their home office byclearly posted payroll cutoff dates. Employees who do not providesigned verification for shifts worked will not be paid for these shifts.If an employee fails to provide signed timesheets within theprescribed time period, the employer is not obliged to issue a



-30-separate payroll cheque and the timecard will be processed withthe next regular payroll.

20.04 * Canada Savings Bonds

The Employer will allow payroll deductions for Canada Savings Bonds.Arrangements for deductions must be made on an annual basis (i.e.October of each year).

ARTICLE 21 STRIKES AND LOCKOUTS

21:01 The Union agrees that during the life of this Agreement, there shallbe no strikes, suspensions or slowdown of work, picketing by members ofthe Union on the premises of the Employer or any other interference with

the Employer's business. The Employer agrees that there shall be nolockout during the term of this Agreement.

ARTICLE 22 TERMINATION AND LAYOFF

22.01 * The Employer shall process the Record of Employment within five(5) business days.

22.02 The Employer agrees to make every reasonable effort to replacehours lost by an employee in accordance with Article 14.

22.03 * Recognizing the unpredictable nature of the Employer’s operations,in the case of layoffs due to shortage of work, the Employer shall providetwo (2) weeks notice where possible.

22.04 * No New Employees

No new employees shall be hired until employees who are on layoff statusor under the notice of layoff are recalled and all employees are offeredtheir maximum available hours.

22.05 * Priority Call-In List

In the event that an employee is displaced from work due to a client’sincompatibility, hospitalization, death, incarceration, or other event beyondthe control of the employee and/or the Employer, the employee shall beplaced, relative to seniority, within the priority Call-In List. The employeeshall remain on the priority Call-In List until they are scheduled for areasonable number of hours to replace those lost due to the aboveevent(s).



-31-

ARTICLE 23 HEALTH AND SAFETY

23.01 Workers' Compensation

(a) Eligible employees, as defined by the legislation, shall be coveredby the Workers' Compensation Act. Employees must report allinjuries in accordance with the Act.

(b) The Employer and the Union shall make every reasonable effort tohave an employee who is on Workers' Compensation return to herformer duties, and if the Workers' Compensation Commissiondetermines that the employee cannot perform her former duties, toanother work assignment within the bargaining unit.

* (c) (i) Employees in receipt of Workers'

Compensation benefits who are working shall not earnbenefits of this Agreement except they will not lose anyaccumulated seniority.

(ii) Employees who are on modified duties or Easeback, shallearn the benefits of their Agreement, including seniority,based on the number of hours worked.

23.02 Safety Equipment

If the employer requires that safety equipment or supplies be used for thepurpose of providing client service, the employer will arrange for theseitems to be provided.

23:03 * The Employer shall cover the enrollment fee of required First Aidrenewals for employees with more than two (2) years of service.

23:04 * Vaccinations

The Employer shall pay the cost of any required post hire vaccinations foremployees with more than one (1) year of service.

23.05 * Communicable Diseases

The Employer agrees to provide staff with the available case historyrelated to communicable diseases.

23.06 * Staffing Ratios

Where the Employer determines that a particular individual receiving careposes a significant risk to employees, the Employer shall developappropriate controls to minimize the risk associated. Where appropriate,



-32-such controls shall be developed in consultation with relevant members ofthe Bargaining Unit and the client.

23:07 * Clothing/Supplies

Any specialized uniform clothing and/or supplies required by the Employershall be provided by the Employer.



-33-ARTICLE 24 DEPARTMENT OF HEALTH OPERATING STANDARDS

24.01 Employees are required, through the Operating Standards from theDepartment of Health governing home support, to provide certain

documentation including medical record of good health, evidence ofspecific training and a clear record of conduct. Acquiring and maintainingsuch documentation is the responsibility of the employee.

ARTICLE 25 DURATION OF AGREEMENT

25.01 * (a) (i) This agreement shall be in full force andeffect from the date of ratification/signing to June 30, 2014.

(ii) Wage package, as per Schedule A, as

amended, will take effect July 1, 2010. All other changes areeffective on the date of ratification/signing unless otherwisespecifically stated.

(b) This Agreement shall remain in force for the periodspecified in Clause 25.01(a) above and shall be automaticallyrenewed unless either party notifies the other party in writing of itstermination or proposed revision, addition or deletion of any of itsprovisions. Such notification will be made not more than ninety (90)days and not less than fifteen (15) days prior to the termination dateof this Agreement.

25.02 Any provision in this Agreement, other than the duration ofAgreement, may be amended in writing by mutual consent and suchamendment(s) shall form part of this Agreement.



-34-SCHEDULE A CLASSIFICATION AND WAGES

Current July 1,2010

July 1,2011

July 1,2012

July 1, 2013

Home Support Workers 11.00 11.75 12.25 12.75 13.25

Classification Current 7.5%

July 1, 2010 3.5%

July 1, 2011 4%

July 1, 2012 4%

July 1, 2013

Youth Care Worker -Probationary

10.80 11.61 12.02 12.50 13.00

Youth Care Worker 1 11.66 12.53 12.97 13.49 14.03




Behavioural Aides -Probationary

10.80 11.61 12.02 12.50 13.00

Behavioural Aides 1 11.66 12.53 12.97 13.49 14.03

Behavioural Aides 2 12.24 13.16 13.62 14.16 14.73

Home Health Care Aide -Probationary

14.28 15.35 15.89 16.52 17.18

Home Health Care Aide 15.09 16.22 16.79 17.46 18.16

Home Supervisors 1 14.42 15.50 16.04 16.69 17.35

Home Supervisors 2 15.11 16.24 16.81 17.48 18.18



-35-CLASSIFICATION PROGRESSION TABLE

Classification Requirements Hours

Youth Care Worker (YCW) -Probationary

Pre-Employment Screening 0 to 480

YCW 1 Successful completion of

probationary period

481 to 2184

YCW 2 YCW 1 + CARE Training 2185 to 4368

YCW 3 YCW 2 4369 to 6552

YCW 4 YCW 3 + TCI Training 6553+

Home Supervisor 1 Minimum 1 year of service +

CARE Training + TCI Training

+ Successful Job Application

2185 to 10,920

Home Supervisor 2 HS1 10,920+

Behavioural Aide –

Probationary


BA 1 Successful completion of Probationary Period

481 to 2184

BA 2 BA 1 2185+

Home Health Care Aide – Probationary


Home Health Care Aide Successful completion of Probationary Period

481+



-36-

May 2, 2010

Trudi BrakeEmployee Relations OfficerNAPE330 Portugal Cove PlaceSt. John’s NL

MEMORANDUM OF UNDERSTANDING #1RESEARCH & REVIEW OF MEDICAL INSURANCE PLAN

Dear Ms. Brake:

This letter confirms a formal understanding between CareGivers Inc. and theNewfoundland and Labrador Association of Public and Private Employees (NAPE) toreview the possibility of obtaining medical insurance for members of the bargaining unit.

Both CareGivers and NAPE shall meet to review the availability of such coverage withinthe next six months.

Trusting the above to be satisfactory.

Anne WhelanExecutive Director



-37-

IN WITNESS WHEREOF the parties hereto have executed this Agreement thisday of 2010.

SIGNED ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES:

Witness

SIGNED ON BEHALF OF THE CAREGIVERS INC.:

Witness



-38-

caregivers homecare

Documents