COLLECTIVE AGREEMENT

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION

LOCAL 1 CANADA

C.L.C.

(the Union)

-AND-

OAKDALE CHILD AND FAMILY SERVICE INC.

(the Employer or Oakdale)

EFFECTIVE: March 2, 2020

EXPIRY: March 1, 2023

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UNIT#785

TABLE OF CONTENTS

PAGE

ARTICLE 1 - PURPOSE •••••••.•••••••••••••• -. ••••••••••••••••••••••••••.•••••••.•.•••••••••••••••••••.••.••••..•••••••••••••••.••.• 4 ARTICLE 2 - RECOGNITION •••••••••••••••••••.••••.••.••••••••••••..••••••.•••••••••••••••••••••••••.••••..••••••••••••.••••••• 4 ARTICLE 3 - NO DISCRIMINATION OR HARASSMENT ......................................................... 5 ARTICLE 4 - UNION SECURITY AND DUES DEDUCTION ••••.••.••••••••••••••••••••••••.••••••••••••••.••.••. 5 ARTICLE 5 - NO STRIKES OR LOCKOUTS ••••••••••••••••.•••••••.••••••••••.••••••••••••••••.••••••••••••••••••••••• 7 ARTICLE 6 -- MANAGEMENT RIGHTS ••••••••.•••••••••••••.•••••••••••••••••••••.•••••••••••••.•••••••••••••••••••.••..•. 7 ARTICLE 7 - UNION REPRESENTATION ................................................................................ 8

7.01 Stewards ...................................................................................................................... 8 7.02 Union Orientation .......................................................................................................... 8 7.03 Negotiating Committee ................................................................................................. 9 7.05 Time Off For Union Business ........................................................................................ 9 7. 08 Bulletin Boards ........................................................................................................... 10

ARTICLE 8 - UNION COMMITTEES •••••••••.•••••••••••••••••••.••••••••••••••••••••••.•••••••••••••••••••••••.•••.•••••• 1 0 ARTICLE 9 - HEALTH AND SAFETY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••..••••••••••••••••••••••• 11

9.08 Personal Protective Equipment .............................................................................. 11 ARTICLE 10 .. GRIEVANCE AND ARBITRATION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•• 11

10.05 Policy Grievance ..................................................................................................... 13 10.06 Group Grievance ..................................................................................................... 13 10.07 Grievance Arbitration .............................................................................................. 13 10.15 Grievance Mediation ............................................................................................... 14

ARTICLE 11 - DISCHARGE CASES AND GRIEVANCES ••••••••••.•••••••••••••.••••.•.••••••••••••••••••••.• 15 ARTICLE 12 -- PROBATIONARY PERIOD •••.••••••••••••••••••••••••••••••••.••••••••••••••.•••••••.••.••••••••••••••• 15 ARTICLE 13 - SENIORITY ••••••••••••••••••••..•••••..••••••••••••••••••••••••••••••••••••••••..•.••••.•••••••••••.•.•..••.••.. 15

13.02 Loss of Seniority and Employment Rights ............................................................... 16 ARTICLE 14- LAYOFF AND RECALL ••••••••••••••••••••.•.•••••••••••.•••••••••••••••••••••••.•••.•••••••••••••••••.•• 17

14.04 Bumping Rights ....................................................................................................... 17 14.05 Recall ...................................................................................................................... 18

ARTICLE 15 - JOB POSTING •••.•••••••••••••••••••••••.•••.••••••••••••••••••••.••..••.•••••••••.•.•.•••••.••••••••••••••••• 18 15.04 Temporary Vacancies ............................................................................................. 19

ARTICLE 16 - HOURS OF WORK AND OVERTIME .............................................................. 20 16.03 Overtime ................................................................................................................. 20 16.08 Scheduling .............................................................................................................. 21 16.09 Shift Exchange ........................................................................................................ 22 16.10 Minimum Reporting Pay .......................................................................................... 22 16. 11 Call-Back ................................................................................................................ 22 16. 13 Call in Procedure ..................................................................................................... 23

ARTICLE 17 - PAID HOLIDAYS ••••••••••••••••••••••••••••••••••••••••••••••••••••.••.••••••••••••••••••••••••••••.•.••••••• 23 17.03 Holiday Pay ............................................................................................................ 23 17.05 Employees Working on a Statutory Holiday ....................................................... 24 17.07 Public Holiday Falls on a Day Not Ordinarily a Working Day ............................. 24

ARTICLE 18 - VACATIONS ••..••••...••.•..•••••••••••••••••.••.•••••••••••••.••.••.•••..•••••••••••••••..•••••••••••••••••••• 24 ARTICLE 19- VACATIONS- PART-TIME ••••••••••..••.•••••••••••••.••.••..••••••••••••.••.•.••.••••••.••.•••••••••. 25 ARTICLE 20 - FULL-TIME - EFFECT OF ABSENCE ............................................................. 25 ARTICLE 21- LEAVE OF ABSENCE (PAID) •••••••.•••••••••••••••••••.•••..•••••••••••••••••••••••.••••••••••.••••• 26

21.01 Bereavement Leave ................................................................................................ 26 21.02 Jury and Witness Duty ............................................................................................ 26

ARTICLE 22- LEAVE OF ABSENCE (UNPAID) •••••••••••••••••••••.••.•.••••••••••••••.•••.•••••••••••••••••.•••• 27 22.01 Personal Leave ....................................................................................................... 27 22.02 Educational Leave ................................................................................................... 27

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22.03 Leave for Union Business ....................................................................................... 27 22.04 Full-Time Union Leave ............................................................................................ 27 22.05 Family Medical Leave ............................................................................................. 28

ARTICLE 23 - PREGNANCY LEAVE ••••••••••••••••••••••••••••••••••••••••••••.••••••••••••••••••••••••••••••••.•.•••••• 28 ARTICLE 24- PARENTAL LEAVE •••••••••.•••••••••••••••••••••••••••••••••••••.•••.••••••••••••••••••••.•..••.•••.•••.•• 29 ARTICLE 25- EMPLOYEE BENEFITS ••••••••••••••••..••••••••••••••••••••••...••.••••••••••••.•••••••••••••.•••.•••.•• 29

25.04 Access to Information ........................................................................................... 30 ARTICLE 26 - SICK LEAVE •••••••••••••••••••••••••••••••••••••••.•••••••••••••••.•••.••••••••••••••••••••••••••••.•.••••••••• 30 ARTICLE 27- PROMOTION TO A HIGHER CLASSIFICATION •••••••••••.•••••••••••••••••••••••••••••••.• 31 ARTICLE 28- DEFINITION OF STRAIGHT TIME RATE OF PAY .......................................... 31 ARTICLE 29-- NO CONTRACTING OUT •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•••• 32 ARTICLE 30 - PERSONNEL FILES •••••••••••••••••••••••.••••••••••••••••••••.•••••••••••••••••••••••••••.••••••••••••••• 32 ARTICLE 31 - JOB CLASSIFICATION ••••••••••••••••••.••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•.••.•• 32

31.01 New Classifications ................................................................................................. 32 31.02 Revised Classifications ........................................................................................... 33

ARTICLE 32 - DISABLED EMPLOYEES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 33 ARTICLE 33 - COST OF PRINTING •••••••••••••••••••••••••••••••.••.•••••••••••••••••••••••.•••••••••••••••••••••.••.••.• 33 ARTICLE 34- TERM OF AGREEMENT ••••••••••••••••••••••••••••••••••••••.••••••••••••••••.•.•••••.••.•••••••••••••.• 34 SCHEDULE A: WAGES •••••••••••••••.••••••••••••••••••••••••••.••••••••••••••••••••.•.••••••••••••••••••••••••••••••••..••.•••• 35

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ARTICLE 1 - PURPOSE

1.01 Both parties to this Agreement recognize the following statement of purpose of Oakdale:

STATEMENT OF PURPOSE

Oakdale Child and Family Service Inc. provides long and short-term care in residential program facilities registered under the Child, Youth and Family Services Act. Our emphasis is on treatment. We stress the training of functional skills which can be generalized to the home and community environment.

Our residential program also offers an opportunity for recreational and community experience in a training environment which is highly structured and consistent.

It is the parties' mutual desire to ensure that the best interests of the residents supported by Oakdale are served in accordance with the Statement of Purpose.

1.02 The purposes of this Agreement are:

(a) To establish and maintain collective bargaining relations between Oakdale and its employees;

(b) To provide a process of communication for the prompt and equitable disposition of any disputes that may arise hereunder;

(c) To establish and maintain a mutually satisfactory work environment, that is safe and free from discrimination, for all employees of Oakdale;

(d) To encourage the cooperative participation of all employees, through communication and teamwork, to ensure the continued success of Oakdale; and

(e) To recognize the importance of economic growth as the foundation for mutually beneficial relations between Oakdale and its employees.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Service Employees International Union Local 1 Canada as the bargaining agent of all employees of Oakdale Child and Family Service Inc. in the City of Toronto save and except supervisors, persons above the rank of supervisor and office and clerical employees.

2.02 The word "employees" when used in the Agreement shall mean only persons included in the above-described bargaining unit.

2.03 For the purpose of interpretation, whenever used herein, the singular shall include the plural and vice versa, as applicable.

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2.04 (a) A full-time employee is defined as an employee who is regularly scheduled to work fifty-two (52) hours or more per pay period.

(b) A part-time employee is defined as an employee who regularly works less than fifty­two (52) hours per pay period.

ARTICLE 3 - NO DISCRIMINATION OR HARASSMENT

3.01 The Employer and the Union agree that there will be no intimidation, discrimination, interference or coercion exercised or practiced by either party or their representatives or members because of an employee's membership in the Union or because of their activity or lack of activity in the Union.

The Employer, Union and employees agree to abide by the provisions of Ontario's Human Rights Code. There shall be no discrimination against any employee on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability contrary to Ontario's Human Rights Code.

It is further agreed that there shall be no solicitation of members, collection of dues or other Union activity on the premises of the Employer except as permitted by this Agreement or specifically authorized by the Employer in writing. It is understood that the request will not be unreasonably withheld.

3.02 The parties are committed to the prevention of workplace harassment and violence. The Employer, Union and employees recognize their respective duties to prevent and address workplace harassment and workplace violence under the Occupational Health and Safety Act (OHSA).

The Employer shall maintain and review, at least annually, a policy on workplace harassment. This policy shall be posted in the workplace. Furthermore, the Employer, in consultation with the health and safety representatives, shall develop and maintain a program to implement that policy.

The Employer shall ensure that an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances.

ARTICLE 4- UNION SECURITY AND DUES DEDUCTION

4.01 The Employer agrees to comply with all dues and assessment deductions as directed by the Secretary Treasurer Local 1 Canada.

The following refer to employees represented by SEIU Local 1 Canada covered by this agreement

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(a) All employees who are in the employ of the Employer at the signing date of this Agreement and all new employees who enter the employ of the Employer after the Agreement has been signed, shall as a condition of employment, be subjected to regular monthly dues to be deducted from their wages and remitted to the Union. It is understood that dues shall be deducted from all employees beginning in their first month of hire.

(b) All employees hired into the employ of the Employer subsequent to the signing of this Agreement shall be subjected to a one-time initiation fee.

(c) Monthly deductions shall be made and forwarded to the Secretary Treasurer of the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues of the month following with the reason why dues were missed. The Employer will provide such monthly dues to the Union in an electronic format on a template provided by the Union.

(d) The Employer shall, when remitting such dues, name of employees, their work site (if the bargaining unit covers more than one site) and the employee's social insurance number, highlighting new hires, resignations, terminations, new unpaid leave of absences of greater than 1 month and returns from leaves of absence. The Employer will provide such information in an electronic format on a template provided by the Union.

(e) Union dues are not deducted from SUB plan payments and the Employer has no responsibility for Union dues while an employee is off on Pregnancy and/or Parental Leave.

(f) The Employer will provide each employee with a T 4 slip showing the annual Union dues and assessments paid by the employee for the year previous.

(g) The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer conclusive authority to make the deductions specified.

(h) In consideration of the deduction of Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

4.02 Employees not covered by the terms of this Agreement will not perform duties normally assigned to those employees who are covered by this Agreement, except for the purposes of instruction, experimentation or in emergencies or when regular employees on duty are not readily available.

Note: The purpose of this clause is the protection of the work of the bargaining unit employees and not the broadening of that work to other areas.

4.03 The parties acknowledge that Supervisors have primary care responsibilities in addition to and as part of their supervisor duties. The Employer agrees that this will not exceed

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the usual levels other than for purposes of instruction, in emergencies, when regular employees on duty are not readily available, or pending the filling of a vacancy which has been posted in accordance with Article 15 not to exceed (3) three months. The normal caseload of a primary position will not exceed two clients per position. All Supervisors who have primary clients will be assigned to a maximum of 2 clients to complete the necessary reports and taking care of appointments and meetings as per the client's needs. No layoff of employees or reduction of hours will be caused by the assignment of primary clients to a Supervisor.

Note: The purpose of this clause is the protection of the work of the bargaining unit employees and not the broadening of that work to other areas.

ARTICLE 5 - NO STRIKES OR LOCKOUTS

5.01 There shall be no strikes or lockouts so long as this Agreement continues to operate. The word "strike" and the word "lockout" shall have the meaning set forth in The Labour Relations Act 1995, as amended.

ARTICLE 6 - MANAGEMENT RIGHTS

6.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with Oakdale, except as specifically limited by the express terms of this Agreement.

6.02 Without limiting the generality of the foregoing, Oakdale's exclusive management rights shalt include the right:

(a) to maintain order, discipline and efficiency;

(b) to make and enforce and alter from time to time reasonable rules and regulations, policies and practises to be observed by all employees.

(c) to hire, assign duties, schedule the work, direct, classify, transfer, promote, demote, lay off, recall, terminate or discipline its employees (including suspension and discharge) provided that a claim that an employee who has completed their probationary period has been discharged or disciplined without just cause may be the subject of a grievance under the Grievance Procedure provided for herein;

(d) to determine and establish standards and procedures for the training, care, welfare, safety and comfort of all persons supported by Oakdale;

(e) to determine the location and extent of the operations and their designation, commencement, expansion, revision, curtailment or discontinuance; to plan, direct, control and alter all operations, determine in the interest of efficient operation and highest standards of service, the direction of the working forces, the services to be provided and the methods, procedures and equipment to be used in connection therewith; to introduce, change or discontinue job duties or processes; to determine

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employee dress codes, determine the descriptions of the jobs, the hours of work, the work assignments, the methods of doing the work, when overtime shall be worked; and to require employees to work overtime, and the working establishment for any service and the standards of performance for all employees;

(f) to determine the qualifications of employees to perform specific tasks or as required by government legislation, to determine the allocation and number of employees required by Oakdale at any one time: to introduce new and improved methods, facilities, equipment; to control the amount of supervision necessary; and to increase or reduce personnel in any particular area;

{g) to have jurisdiction over all operations, buildings and equipment; and

(h) to determine all other matters concerning Oakdale's operations not otherwise specifically dealt with elsewhere in the Agreement.

ARTICLE 7- UNION REPRESENTATION

7.01 Stewards

The Employer acknowledges the right of the Union to appoint or otherwise select stewards. The responsibility of the steward is to assist employees in the processing of a grievance that might arise. The processing of a grievance will be in accordance with the grievance procedure as herein provided.

The parties agree that there will be a total of four (4) stewards. Further, the parties are agreed that each steward will represent a specific part of the workplace, and that the Union will at all times keep the Employer appraised in writing of each steward's area of representation.

One of the four stewards will be designated the "Chief Steward" and the Union will advise the Employer of the employee so designated.

7.02 Union Orientation

A new employee shall meet with the representative of the Union in the employ of the Employer for a period of up to fifteen { 15) minutes within 45 days of the employee's start date without loss of regular earnings. The purpose of the meeting would be to acquaint the employee with such representative of the Union and collective agreement. Such meetings may be arranged collectively or individually for employees by the Employer as part of the orientation program.

The Employer shall advise the Union on a monthly basis of:

(a) the names of the new hires for Orientation

(b) the time and location within the workplace for the Orientation

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7.03 Negotiating Committee

The Union may appoint or othetwise select a Negotiating Committee who will represent the members of the full-time and part-time employee groups. The committee shall consist of not more than five (5) members. The Employer and the Union recognize that the only responsibility of the committee is in the matter of negotiating the terms of the Collective Agreement.

7.04 (a) The Union acknowledges that the stewards and committee members have regular duties to be performed on behalf of the Employer, and that such employees will not leave their duties without first obtaining permission from their Immediate Supervisor, it being understood that such permission will not be unreasonably withheld. When resuming their duties the steward and/or committee members will report to their Immediate Supervisor so that the time absent from their duties will be monitored.

(b) When the committee member is engaged in joint meetings with the Employer, this provision will apply only up to but not including arbitration in the case of members of the steward body and up to but not including conciliation in the case of members of the Negotiating Committee during negotiations. Compensation will not be paid to committee members for time spent outside of regular working hours.

7.05 Time Off For Union Business

(a) This time allowed is to be mutually agreed between the Union representative and their immediate supervisor.

(b) The Union will notify the Employer in writing, of the name of this person or designee who will be using the time allowed.

(c) The time allowed shall not be accumulated.

(d) It is recognized that supervision of the clients must come first therefore; the time allowed shall not be taken if it results in the disruption of program services offered by the Employer.

(e) It is agreed that when time is not taken as a result of aforementioned then this time may be rescheduled within the same week.

7.06 Employees shall not be eligible to serve as stewards or members of any committee until they have served their probationary period and hold seniority standing.

7.07 The Employer may grant permission for access to its premises for a Union Representative for the purpose of assisting the bargaining unit members in matters applicable to this Agreement. The said Union Representative must obtain permission from the Administrator or their designate before entering on the Employer premises. Such permission shall not be unreasonably withheld.

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7.08 Bulletin Boards

The Employer will provide the Union with a bulletin board in each residential home and the Employer for the posting of Union notices. Notices that the Union wishes to post must be signed by the representative of the Union designated for that purpose and must be submitted to the Administrator or their designate. Only notices that have been thus submitted and approved by the Administrator or their designate will be permitted to be posted.

ARTICLE 8- UNION COMMITTEES

8.01 (a) Where the parties mutually agree that there are matters of mutual concern and interest that will be beneficial if discussed at a Labour-Management Committee meeting during the term of this Agreement, the following shall apply.

Labour Management Committee

There shall be up to 3 representatives per side to meet at a time and place mutually satisfactory. A request for a meeting hereunder will be made in writing prior to the date proposed and accompanied by an agenda of matters proposed to be discussed, which shall not include matters that are properly the subject of grievance or negotiations for the amendment or renewal of this Agreement.

(b) Staff Planning Committee

The parties agree that a Staff Planning Committee shall be established. The Committee shall be involved in the planning process before the final phases, with respect to the development of any restructuring plan which may adversely affect bargaining unit employees. As part of its deliberations, the Committee shall consider possible ways and means of avoiding or minimizing potential adverse affects upon employees of such restructuring. This may include:

(i) identifying and proposing possible alternatives to any action that the Employer may propose, taking into account the Employer's financial situation;

(ii) identifying and seeking possible ways to address the retraining needs of employees;

(iii) identifying vacant positions within the Employer for which surplus members of the bargaining unit might qualify, or such positions which are currently filled but which are expected to become vacant within a twelve (12) month period.

(c) The Committee shall be composed of two (2) representatives from each party. Meetings shall normally be held during normal working hours. The Employer shall ensure the continuation of regular earnings of employees who attend meeting of this Committee during their normal working hours.

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ARTICLE 9- HEALTH AND SAFETY

9.01 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the workplace in order to prevent accidents, injury and illness.

9.02 The employees at each residential home will select their health and safety representative for their respective program. If no one is chosen by the employees, the Union shall select one from the employees regularly scheduled to work at that program.

9.03 Such health and safety representatives shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health.

9.04 The Employer agrees to co-operate in providing necessary information to enable the health and safety representatives to fulfill their duties. The Employer will provide the health and safety representatives with its Infection Control policy and procedures. All relevant details of incidents and accidents will be provided to the health and safety representatives on a timely basis.

9.05 A health and safety representative shall inspect the physical condition of the workplace at least once a month.

9.06 The Employer shall respond in writing within twenty-one days to written recommendations from a health and safety representative.

9.07 It is understood that the Union and the Employer shall do everything in their power to obtain and implement best practices in the observation of all safety rules and practices.

9.08 Personal Protective Equipment

The Employer shall ensure that all personal protective equipment meets or exceeds all applicable standards, fits, and is effective in its use within the workplace.

The Employer will have available personal protective equipment that includes, but is not limited to surgical masks, non-latex surgical gloves.

ARTICLE 10- GRIEVANCE AND ARBITRATION

10.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement.

10.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated.

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10.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of a Union representative. The Employer shall advise the employee of this right in advance of the meeting.

Where the Employer deems it necessary to suspend or discharge an employee, the Employer shall notify the Union of such suspension or discharge in writing, within three (3) days. The Employer's written notice shall include the reason for such discipline. The time limits for filing a grievance shall commence with the notice to the Union.

10.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate supervisor the opportunity of adjusting their complaint. The griever may have the assistance of a Union Steward if they so desire.

Early Resolution

Such complaint shall be discussed between the employee and their immediate supervisor within five (5) days after the circumstances giving rise to the complaint or ought reasonably to have come to the attention of the employee.

Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following their immediate supervisor's decision in the following manner and sequence:

Step 1

A Union steward shall submit the signed, written grievance to the immediate supervisor or designate. The griever may accompany the Union Steward. The immediate supervisor or designate will deliver their decision in writing within five (5) days following the day on which the written grievance was presented to them. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:

Step2

Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director.

A meeting will then be held between the Director and the Union Steward(s) or Grievance Committee, who may be accompanied by the Union Representative, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties.

The decision of the Employer shall be delivered in writing to the Union Steward and Union Representative within ten (10) days following the date of such meeting.

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10.05 Policv Grievance

A complaint or grievance anstng directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 2 within ten (10) days following the circumstances giving rise to the grievance, or when they ought reasonably to have come to the attention of the Union.

It is e~pressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be by-passed.

10.06 Group Grievance

Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to the Employer or designee within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

10.07 Grievance Arbitration

(a) Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned.

Timelines may be extended by mutual agreement of the parties.

(b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator/arbitrator.

10.08 Agreements reached under the grievance procedure between the representatives of the Employer and representatives of the Union will be final and binding upon the Employer the Union and the employee(s).

10.09 (a) When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement. The written request shall include the names of three (3) choices for the arbitrator. If the party receiving the request accepts one of the proposed arbitrators, that arbitrator will be contacted within ten ( 1 0) working days to arrange dates for the arbitration. When the party receiving the requests rejects all three (3) names, that party will respond with three (3) more choices within ten {1 0) working days. If agreement is not reached, either party may apply to the Ontario Ministry of Labour to appoint an arbitrator within ten (1 0) working days of the rejection.

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10.10 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance unless the parties agree.

1 0.11 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.

10.12 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.

1 0.13 The parties will jointly bear the fees and expenses of the Arbitrator.

10.14 Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article.

10.15 Grievance Mediation

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

(b) Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties.

(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

(d) The parties shall agree on a mediator.

(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made.

(f) The Mediator will have the authority to meet separately with either party.

(g) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance has been mediated subsequently proceeds to arbitration, no person serving as a mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to at Arbitration.

(h) The Union and the Employer will share the cost of the Mediator, if any.

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ARTICLE 11- DISCHARGE CASES AND GRIEVANCES

11.01 The provisions of this article will apply only to employees who have completed their probationary period and have acquired seniority standing. A claim by an employee that they have been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Director or designate, within five (5) days following the Union's receipt of the written notice of discharge, as outlined by Article 10.03. Such grievance shall commence at Step 2 of the grievance procedure.

11.02 Such special grievance may be settled by confirming the Employer's action in discharging the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which is just and equitable in the opinion of the parties, or the Arbitrator appointed under the arbitration provisions of this Collective Agreement.

ARTICLE 12- PROBATIONARY PERIOD

12.01 A full-time employee shall serve as a probationary employee for the first (4) four months worked. It is mutually agreed that in any specific instance where there may be a doubt of an employee's capabilities, or where personal circumstances exist, such employee's status may be reviewed with the Union, and an extension of a further (2) two months worked may be granted.

12.02 A part-time employee shall serve as a probationary employee for the first (4) four months worked. It is mutually agreed that in any specific instance where there may be a doubt of an employee's capabilities, or where personal circumstances exist, such employee's status may be reviewed with the Union, and an extension of a further (2) months worked may be granted

12.03 If at the option of the Employer an employee is retained after the aforementioned period the employee's name shall be placed on the seniority list and their seniority shall be based on the date they last commenced to work for the Employer and in accordance with Article 13.01.

12.04 The employment of a probationary employee may be terminated at any time without just cause, provided that it is not discriminatory or in bad faith. The Employer shall provide a reason for termination in writing upon request.

ARTICLE 13- SENIORITY

13.01 The Employer will maintain a record of seniority for employees who are covered by the terms of the Collective Agreement and who have completed their probationary period.

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The Employer shall prepare two (2) seniority lists, one ( 1) full-time and one { 1) part-time, which shall be sorted by classification and seniority within each classification which will be posted and shall contain the following information:

(a) Name of employees.

{b) Date of hire of individual employees.

(c) (i) Full-time seniority status of each employee shall be based on "date of last hire" and subject to Article 24.01. The seniority shall be expressed in terms of years and months.

(ii) Part-time seniority status of each employee shall be based on "hours worked" and be expressed as "hours worked"

The Employer shall provide the Union electronic copies of the Seniority Lists. Lists shall be provided on January 151h and July 15th.

A copy of the seniority list(s) will be provided to the Union at the time of posting.

Where two (2) or more employees are hired on the same day, their seniority will be ranked by the alphabetical order of their respective last names.

13.02 Loss of Seniority and Employment Rights

An employee shall lose all seniority and be deemed to have terminated if the:

(a) employee quits;

(b) employee is discharged and the discharge is not reversed through the grievance and arbitration procedure;

(c) employee is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer of such absence and providing a reason satisfactory to the Employer;

(d) employee fails to return to work upon the expiration of a leave of absence or utilizes a leave of absence for a purpose other than that for which it was granted;

(e) employee has been laid off for twenty-four (24) months;

(f) employee fails upon being notified of a recall to signify their intention to return within five (5) working days after they have received the notice of recall, and fails to report to work within ten {1 0) working days after they have received the notice of recall;

(g) if the employee is absent due to illness or injury for a period greater than 24 months, and unable to perform the essential duties of their job in the foreseeable future, even with reasonable accommodation. It is understood that this provision shall be

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interpreted in a manner consistent with the provisions of the Ontario Human Rights Code.

13.03 An employee whose status is changed by the Employer from full-time to part-time shall receive credit for their full seniority. An employee whose status is changed by the Employer from part-time to full-time shall receive credit for seniority on the basis of one (1) year of seniority for each 1725 hours worked.

ARTICLE 14- LAYOFF AND RECALL

14.01 (a) There shall be at least 30 days notice to the Union where possible in the event of a proposed lay-off of a permanent or long-term nature.

(b) Employees will be entitled to notice in accordance with the provisions of the Employment Standards Act. A copy of any notice of lay-off to an employee will be provided to the Union at the same time.

14.02 (a) When a full-time employee is the recipient to a lay off or a recall to employment, seniority shall be defined as continuous service with the Employer since the date of last hire by the Employer, inclusive of vacations, but exclusive of unpaid leaves of absence in excess of thirty (30) continuous calendar days, and period or periods of lay-off.

(b) When a part-time employee is the recipient to a lay off or a recall to employment, seniority shall be defined as continuous service with the Employer since the date of last hire by the Employer, and based on hours worked, but exclusive of unpaid leaves of absence in excess of thirty (30) continuous calendar days, and period or periods of lay-off.

14.03 In the event of lay-off, employees with the least seniority shall be laid off first, providing that those employees who remain on the job then have the ability to perform the work.

14.04 Bumping Rights

An employee who is subject to lay-off shall have the right to either;

(a) accept the lay-off or;

(b) displace an employee in the same full-time or part-time employee classification who has lesser seniority and who is the least senior employee in a lower or identical paying classification group if the employee who originally is subject to lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to her rights under this section.

The decision of the employee to choose (a) or (b) above shall be given in writing to the designated Employer representative within five (5) working days (excluding

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Saturday, Sunday and Holidays) following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.

14.05 Recall

Where a position or positions become available in the classification in which the lay-off occurred, employees who have been laid off for a period of six (6) calendar months or less shall be recalled to positions in the classification from which they were laid off in the order of their seniority, provided they then have the ability to perform the available work.

14.06 It is the sole responsibility of the employee who has been laid off to notify the Employer of their intention to return to work within three (3) calendar days (exclusive of Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and the time at which the employee shall report for work. The employee is solely responsible for their proper address being on the record with the Employer.

14.07 No new employee shall be hired in the classifications in which a lay-off has taken place until laid off employees, who have been laid off for twenty-four (24) calendar months or less, and are eligible for recall as prescribed by this Article, have been given the opportunity to return to work.

14.08 In determining the ability of an employee to perform the work for the purposes of paragraph 14.03 above, the Employer shall not act in an arbitrary or unfair manner.

14.09 In the event that a lay-off commences on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced.

14.10 No full-time employee shall be laid off by reason of their duties being assigned to one or more part-time employees, except in the case where the hours of coverage required in what was formerly a full-time position have diminished to less than full-time hours.

14.11 In the event of a lay-off of a full-time employee, the Employer shall pay its share of the costs for Extended Health Care, and Dental Plan till the end of the month in which the lay-off occurs if permitted under the terms of the Employer plan. Payment for such premium costs shall be contingent upon the employee paying their share of the premium costs within seven (7) days of the date of lay-off.

ARTICLE 15- JOB POSTING

15.01 (a) Where a vacancy occurs, or a new position is established by the Employer, including new positions which are created for a specific term or task, such a vacancy or job shall be posted by the Employer for a period of ten (10) days including Saturday, Sunday and holidays. The posting shall stipulate the qualifications, classification,

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rate of pay, house location, anticipated start date and shift and a copy shall be provided to the Chief Steward. All applications are to be made in writing within the posting period. Late applications will only be considered if there are no successful candidates who have submitted timely applications.

(b) All applications submitted by full-time employees for a full-time position shall be considered first (1 8t) before reviewing the part-time applications or vice versa.

(c) Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three (3) consecutive days, excluding Saturday, Sunday and Holidays. Such posting shall stipulate the same information as is set out above, and all applications are to be made in writing within the posting period.

15.02 Employees shall be selected for positions under Article 15.01 on the basis of their ability, experience and qualifications. Where these factors are relatively equal amongst the employees considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work. The name of the successful applicant will be posted on the bulletin board and unsuccessful applicants will be notified.

15.03 The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with Article 15.01 and 15.02, and selection shall be made in accordance with Article 15.02 above. If there are no successful internal candidates the Employer can hire an external candidate.

15.04 Temoorary Vacancies

Vacancies which are not expected to exceed three (3) months will not be posted and may be filled at the discretion of the Employer. In filling such vacancies consideration shall be given to employees who have recorded their interest in accordance with 15.02 above prior to considering persons not employed by the Employer.

Part-time employees selected to fill a vacancy under this Article will continue to maintain their part-time status and upon completion of the assignment the employee will return to their former position.

15.05 The Employer shall have the right to fill any vacancy on an interim basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with, and arrangements have been made to assign the employee selected to fill the vacancy on the job. No grievance may be filed concerning such temporary arrangements.

15.06 The successful applicant will be placed in the vacancy for a trial period not exceeding 3 (three) months and if the employee proves satisfactory, then they shall be considered permanently assigned to the vacancy. If the employee proves unsatisfactory during that time, or if the employee feels they are unable to perform the duties of the vacancy to which they are posted, the employee will be returned to their former position at their former salary or rate of pay, as will any other employee in the employee group who was promoted or transferred by reason of such placing. Newly hired employees shall be

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terminated and such termination shall not be subject to the grievance and arbitration procedure.

15.07 If the successful applicant does not complete the trial period as set out in Article 15.06, the position shall be re-posted.

ARTICLE 16- HOURS OF WORK AND OVERTIME

16.01 The following provisions designating regular hours on a daily shift and regular daily shifts over the Employer's working schedule shall not be construed to be a guarantee of the hours of work to be done on each shift or during each shift schedule.

16.02 (a) The normal workweek shall consist of eighty (80) hours in a bi-weekly period. Such hours shall be worked in accordance with schedules and shifts as determined by the Employer.

(b) The minimum length of a work shift is (2) two hours. Employees will be given a premium equal to one (1) hours pay for working a (2) two hour shift.

(c) There will be no shifts longer than (12) twelve hours. If, due to a crisis or an emergency situation in which no other staff or on-call supervisor is available, an employee is required to work beyond (12) twelve hours, they shall be paid at one and one-half (1.5) times their straight time hourly rate for those additional hours worked beyond (12) twelve hours, provided that there shall be verbal authorization by a supervisor supported by written communication to the employee directing them to stay beyond their shift. If they are directed verbally, supported in writing, not to stay beyond their shift, they will not be paid.

16.03 Overtime

All hours worked by an employee, which have been authorized by the Employer and, which exceed forty-four (44) hours in a weekly period shall be paid at the rate of time and one-half (11/2) the employee's regular straight time hourly rate of pay.

16.04 Overtime payment for hours worked will not apply as a result of the following:

(a) An exchange of shifts by two employees and which exchange must first have the approval of the Department Head or designate as provided for in clause 16.09.

(b) An employee has requested to work overtime for their own convenience and the Employer accommodates the employee.

(c) A change from standard time to daylight saving time and vice versa.

(d) Hours of overnight asleep work will not be counted as hours worked for purposes of overtime.

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16.05 Overtime premium shall not be duplicated or pyramided, nor shall other premiums be duplicated or pyramided, nor shall the same hours worked be counted as part of the normal work week and also as hours for which the overtime premium is paid. It is understood and acknowledged that the Employer has the right to require employees to perform reasonable authorized overtime work.

16.06 When an employee performs authorized overtime work of at least three (3) hours duration, the Employer will schedule a rest period of fifteen (15) minutes.

16.07 Full-time employees shall not have their normal scheduled hours of work adjusted for the sole purpose of depriving them of overtime pay.

16.08 Scheduling

(a) Employees will be granted one (1) fifteen (15) minute paid rest period in each half of a shift which exceeds five (5) hours. In the event the rest period is interrupted, the remainder of the rest period shall be re-scheduled before the end of the shift.

(b) (i) Full-time employees shall not be scheduled to work more than seven (7) consecutive days without at least two (2) days off.

(ii) Part-time employees shall not be required to work a schedule of more than seven (7) consecutive days without their consent.

(c) (i) Full-time and part-time employees shall not be scheduled to work more than every other weekend without their prior consent.

(ii) Relief employees may be scheduled to work only those times indicated in their availability sheets.

(iii) Both relief employees and part-time employees must submit availability sheets four weeks prior to the posting of the schedule.

An employee will be paid overtime in accordance with the provisions of Article 16.03 when they work on a third and subsequent weekend unless employee has requested to work such third consecutive weekend. A weekend is defined as Saturday and/or Sunday.

The provisions of this clause will not apply where the Employer has, notwithstanding its best efforts, been unable to meet the requirement in (c) above or where the conditions as contained in Article 16.04 prevail.

(d) Overtime on Weekend

A regular part-time employee will receive time and one-half (1 1/2) their regular straight time hourly rate for all hours worked on a third and subsequent consecutive weekend save and except, where:

(i) such weekend has been worked by the employee to satisfy specific days off requested by such employee; or

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(ii) such employee has requested weekend work; or

(iii) such weekend is worked as a result of an exchange of shifts with another employee.

(e) Schedules will normally be posted for a four (4) week period two (2) weeks in advance of their effective date. No employee will have a scheduled shift changed without prior verbal notification.

(f) Scheduling During Christmas and New Years for Full-time Employees

The Employer will provide for the scheduling off of full-time employees for three (3) consecutive days at either Christmas or New Year's and make every effort to provide four (4) consecutive days as opposed to the three (3). This provision shall not apply to any departments where employees work Monday to Friday or are not normally scheduled to work on a paid holiday.

16.09 Shift Exchange

Employees may be allowed to exchange shifts. Where two (2) or more employees wish to exchange shifts they must submit a written request to their Supervisor. The granting of the request will be at the sole discretion of the Director. Overtime payment will not be paid to any employees that may be affected by such exchange of shifts.

16.10 Minimum Reporting Pay

Employees who report for work at the starting time of their scheduled shift, not having previously been advised not to report, shall be guaranteed at least three (3) hours of work or, if no work is available, shall be paid for at least three (3) hours time, at the employee's applicable straight time hourly rate of pay. This provision shall not apply in the following circumstances:

(a) When an employee who has been off work does not notify their Supervisor of their intention to return to work twenty-four (24) hours in advance of their return;

(b) When an employee fails to keep the Employer advised of a telephone number that can be used for the purpose of leaving a message;

(c) When work is not available due to circumstances that are beyond the reasonable control of the Employer.

(d) Part-time employees who are scheduled for four (4) hours or less, shall be guaranteed three (3) hours.

16.11 Call-Back

A full-time employee who is called to work after leaving the Employer premises and outside of their regular scheduled hours shall be paid a minimum of three (3) hours pay at time and one-half (1 1/2) their regular straight time rate of pay except to the extent

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that the call-back overlaps and extends into their regular shift in which case they shall receive premium pay only for the hours actually worked prior to the commencement of their regular shift. Any work performed on other call-backs that occurred during the minimum guaranteed period will be covered by the minimum guarantee.

16.12 Call-back shall not be considered as hours worked for the purpose of this Article.

16.13 Call in Procedure

All unfilled and/or additional shifts will first be offered to full time employees who are scheduled less than 40 hours weekly, then part time employees. Shifts will be offered to employees who have indicated in writing their availability. Such shifts will be offered to the most senior on a rotational basis, up until overtime hours will be incurred. Availability shall remain in effect until the employee's indicate in writing they are no longer available.

ARTICLE 17- PAID HOLIDAYS

17.01 (a) The Ontario Employment Standards Act recognizes the following paid public holidays:

New Year's Day Good Friday Canada Day Thanksgiving Day Boxing Day

Family Day Victoria Day Labour Day Christmas Day

(b) Full-time employees shall receive one float day per calendar year upon completion of their probationary period.

17.02 Should the Employer be required to observe additional paid holidays as a result of legislation, it is understood that one of the existing holidays recognized by the Employer shall be established as the legislative holiday after discussion with the Union, so that the Employer's obligation to provide for ten (10) paid holidays remains unchanged.

17.03 Holiday Pay

Holiday Pay shall be calculated and paid in accordance with the Employment Standards Act. All employees are eligible for Holiday Pay for the public holidays listed in Article 17.01, unless they:

(a) fail without reasonable cause to work all of their last regularly scheduled shift before the public holiday or all of their first regularly scheduled shift after the public holiday; or

(b) fail without reasonable cause to work their entire shift on the public holiday if they agreed to or were required to work that day.

17.04 An employee entitled to holiday pay hereunder shall not receive sick leave pay to which they may otherwise have been entitled.

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17.05 Employees Working on a Statutory Holiday

(a) A full-time employee who was required to work on any of the foregoing holidays will, in addition to their holiday pay, be paid at the rate of one and one-half (1 Yz) times their regular rate of pay or lieu thereof be granted equivalent time off with pay equal to overtime rates, which will be taken within ninety (90) days following the holiday. Such lieu day off to be selected by the employee and their Immediate Supervisor by mutual agreement. Employees shall be paid for a lieu day in the same pay period that the lieu day is taken. Failing such mutual agreement, the lieu day will be scheduled by the Immediate Supervisor.

(b) A part-time employee who works on any of the above designated holidays shall, in addition to their holiday pay, be paid one and one half (1 %) times their regular hourly rate of pay, for all hours worked.

17.06 If a paid holiday falls during a full-time employee's vacation their vacation shall be extended accordingly, provided the employee qualifies for the holiday pay.

17.07 Public Holiday Falls on a Day Not Ordinarily a Working Day

In accordance with the Employment Standards Act, if a public holiday falls on a day that would not ordinarily be a working day for an employee,

(a) the Employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which they shall be paid public holiday pay,

(b) or, an Employer and an employee may agree that, instead of providing a substitute holiday, the Employer shall pay the employee public holiday pay for the public holiday.

ARTICLE 18-VACATIONS

18.01 An employee shall be entitled to vacation computed on the following basis according to the individual employee's length of continuous service:

For clarity, vacation is earned in one calendar year and taken in the following year.

(a) Employees who have completed less than one (1) year of continuous service as of December 31st shall be entitled to an annual vacation of one (1) day for each completed month of service to a maximum of nine (9) working days and shall be paid four percent (4%) of their earnings during the vacation year. Vacation pay shall be determined on the basis of the employee's gross earnings during the vacation year calculated as of the pay period immediately preceding December 31st.

(b) An employee with more than one (1) year of continuous service but less than five (5) years of continuous service as of December 31st of any year shall be entitled to an

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annual vacation of two (2) weeks with pay in the amount of four percent (4%) of gross earnings.

(c) An employee with five (5) years or more completed of continuous service but less than fourteen (14} years of continuous service as of December 31st of any year shall be entitled to an annual vacation of three (3) weeks with pay in the amount of six percent (6%) of gross earnings.

{d) An employee with more than fourteen (14) years of continuous service as of December 31st of any year shall be entitled to an annual vacation of four (4) weeks with pay in the amount of eight percent (8%) of gross earnings.

18.02 An employee will be granted and shall take their vacation at such time or times as the Employer determines, consideration in each case being given to the employee's wishes, seniority and the efficient operation of the Employer. The employee shall have scheduled off the weekends immediately preceding and following their vacation provided that such scheduling is mutually agreed upon by the employee and their supervisor.

18.03 An employee's vacation entitlement shall be proportionately reduced for absence due to unpaid absences excluding pregnancy and parental leaves, which absence exceeds thirty (30) continuous calendar days during the period of qualifying the employee for vacation.

18.04 Vacations shall not be cumulative from year to year.

18.05 Where an employee's scheduled vacation is interrupted due to serious illness, such illness shall be considered sick leave.

The portion of the employee's vacation which is deemed to be sick leave under the above provisions will not be counted against the employee's vacation credits.

ARTICLE 19-VACATIONS- PART-TIME

19.01 Part-time employees shall be permitted to take up to one (1) week's vacation in blocks of less than one ( 1) week.

19.02 The employee shall have scheduled the weekends off immediately preceding and following their vacation provided that such scheduling is mutually agreed upon by the employee and their supervisor.

ARTICLE 20- FULL-TIME- EFFECT OF ABSENCE

20.01 (a) It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the Employer, both seniority and service will accrue.

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(b) During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended, for the period of the absence in excess of thirty (30) continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis. In addition, the employee will become responsible for full payment of subsidized employee benefits in which they are participating for the period of the absence. Service shall accrue for a period of fifteen (15) weeks if an employee's absence is due to a disability resulting from a workplace injury.

ARTICLE 21- LEAVE OF ABSENCE (PAID)

21.01 Bereavement Leave

(a) An employee who notifies the Employer as soon as possible following a bereavement shall be granted up to three (3) days off, without loss of their regular pay for their scheduled hours in conjunction with the death of a member of their immediate family. "Immediate family" means spouse, (including common law spouse and a partner of the same sex), children, step-children, parent, brother, sister, son­in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandchild, guardian and step-parent, step grandparent and foster children.

(b) Where the funeral of the deceased is more than 480 kilometers from the location of the Employer the employee shall be allowed an extra day beyond the day of the funeral for return travel and such extra day shall be leave of absence without pay.

(c) Where it is necessary because of distance, an employee may be granted up to four (4) additional days unpaid leave.

(d) Leave of absence for bereavement of members of a family not set out above may be provided at the discretion of the Administrator. If so provided, such leave shall be without pay. Such leave will not be unreasonably withheld.

21.02 Jury and Witness Dutv

If an employee is required to serve as a juror in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the Employer, the employee shall not lose regular pay for up to two weeks because of such attendance provided that the employee:

(a) Notifies the Employer immediately on the employee's notification that they will be required to attend court;

(b) presents proof of service requiring the employee's attendance;

(c) deposits with the Employer the full amount of compensation received excluding mileage, travelling and meal allowances and an official receipt thereof.

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ARTICLE 22- LEAVE OF ABSENCE (UNPAID)

22.01 Personal Leave

Written requests for a personal leave of absence. without pay, will be considered on an individual basis by the Director or their designate. Such requests are to be made as far in advance as possible and a written reply will be given within fourteen (14) days, except in cases of emergency.

22.02 Educational Leave

(a) When required by the Employer:

Where employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full costs associated with the courses.

(b) In-service Education Workshoos:

When an employee is required by the Employer to attend In-service Educational Workshops outside of their regular hours of work, the employee shall be compensated at their regular straight time hourly rate while in the actual attendance at the workshop.

This compensation will be given only to those employees who are in attendance for the entire session, and have signed in.

(c) Education Leave of Absence:

A leave of absence, without pay, to take further education related to the employee's work with the Employer may be granted upon written application by the employee to the administration of the Employer. It is further understood and agreed that the Employer will, wherever its operational requirements permit, endeavor to arrange the shifts of employees attending courses or seminars to permit such attendance.

22.03 Leave for Union Business

The Employer shall grant unpaid leave of absence to employees to attend Union conventions, seminars and educational classes, provided such leave does not interfere with the continuance of efficient Employer operations. Requests for leave must be made in writing and submitted to the employee's Director or their designate at least three (3) weeks in advance of the proposed date for the commencement of the leave.

22.04 Full-Time Union Leave

Upon application by the Union, in writing, the Employer will give reasonable consideration to a request for a leave of absence, without pay, to an employee elected or appointed to full-time Union office. It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of one (1) calendar year from the date of appointment

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unless extended for a further specific period by agreement of the parties. Seniority and service shall accumulate during such leave to the maximum provided under the provisions of the Collective Agreement. It will become the responsibility of the employee for full payment of any applicable benefit premiums for the plans in which the employee is participating during such leave of absence.

22.05 Family Medical Leave

Unpaid Family Medical Leave of up to eight (8) weeks in a twenty-six (26) week period will be granted to an employee to provide care and support to a specified family member for whom a qualified health practitioner has issued a certificate indicating that the family member has a serious medical condition and there is a significant risk of death occurring within a period of twenty-six (26) weeks as stated in the Employment Standards Act 2000.

Specified family members are as defined in the Employment Standards Act 2000 for purposes of Family Medical Leave.

ARTICLE 23 - PREGNANCY LEAVE

23.01 Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision. The service requirement for eligibility for pregnancy leave shall be thirteen (13) weeks of continuous service.

23.02 The employee shall give written notification at least four (4) weeks in advance of the date of commencement of such leave and the expected date of return. At such time they shall also furnish the Employer with the certificate of a legally qualified medical practitioner stating the expected birth date.

23.03 The employee shall reconfirm their intention to return to work on the date originally approved in subsection 23.02 above by written notification received by the Employer at least four ( 4) weeks in advance thereof.

23.04 (a) Full-time credits for service and seniority shall accumulate for a period of up to seventeen (17) weeks while an employee is on pregnancy leave.

(b) Part-time credits for service and seniority shall be based upon the employee's average weekly hours worked in the immediately preceding twelve (12) months.

23.05 For full time employees, the Employer will continue to pay its share of the contributions of the subsidized full time employee benefits, in which the employee is participating for a period of up to seventeen (17) weeks while the employee is on pregnancy leave, unless the employee elects in writing not to participate in a benefit.

23.06 Subject to any change to the employee's status which would have occurred had they not been on pregnancy leave, the employee shall be reinstated to their former position at the same rate of pay as they were receiving prior to the commencement of the leave.

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ARTICLE 24- PARENTAL LEAVE

24.01 Parental leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision. The service requirement for eligibility for parental leave' shall be thirteen (13) weeks of continuous service.

24.02 An employee who qualifies for parental leave shall give written notification at least two (2) weeks in advance of the date of commencement of such leave and the expected date of return.

24.03 An employee shall reconfirm their intention to return to work on the date originally approved in subsection (24.02) above by written notification received by the Employer at least two (2) weeks in advance thereof.

24.04 (a) Full-time credits for service and seniority shall accumulate for a period of up to thirty­five (35) weeks while an employee is on parental leave, if the employee also took pregnancy leave and thirty-seven (37) weeks after it began, otherwise.

(b) Part-time credits for service and seniority shall be based upon the employee's average weekly hours worked in the immediately preceding twelve (12) months.

24.05 For full-time employees, the Employer will continue to pay its share of the premiums of the subsidized employee benefits, in which the employee is participating for a period of up to thirty-five (35) weeks while an employee is on parental leave, if the employee also took pregnancy leave and thirty-seven (37) weeks after it began, otherwise.

24.06 Subject to any changes to the employee's status which would have occurred had they not been on parental leave, the employee shall be reinstated to their former position and at the same rate of pay as they were receiving prior to the commencement of the leave.

ARTICLE 25 - EMPLOYEE BENEFITS

25.01 (a) There shall be no pay deduction from an employee's regular scheduled shift when the employee has completed any portion of the shift prior to going on leave for work related injury.

(b) Absences due to pregnancy related illness shall be considered as sick leave under the sick leave plan.

(c) Emoloyment Insurance Rebate

The short-term sick leave plan shall be registered with the Employment Insurance Commission (EIC). The employee's share of the employment insurance premium reduction will be retained by the Employer towards offsetting the cost of the benefit improvements contained in this Agreement.

25.02 Full time employees who have completed six months of employment shall be eligible to participate in the Employer's group benefits plans, subject to the terms

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of the applicable plans as they may exist from time to time. The employees currently contribute up to $24.52 a month for the premiums for such coverage, and the Employer pays the remainder of the premiums. If there is an increase to the benefits premiums in future, any increase shall be shared on a 50/50 basis by the employee and the Employer.

The current plans include extended health care, vision care of up to $250 for prescription eyeglasses every 24 months, dental care, life, AD&D, weekly indemnity and long-term disability. Any dispute or claims for coverage shall be taken directly to the insurer and shall not be subject to the grievance and arbitration procedure, other than a dispute regarding the premium payments.

25.03 In the event that the insurer announces premium increases for the existing benefit plan, the Employer shall notify the Union and provide documentation from the insurer about the premium increase. The Union and Employer will meet to discuss alternative coverage levels and supplier options.

25.04 Access to Information

Employee benefit booklets shall be provided by the Employer to all employees who become eligible for benefits.

Upon request, the Union shall be provided with current copies of the Master Policies or Plan Documents of all insured benefits.

ARTICLE 26 - SICK LEAVE

26.01 Paid sick leave for full-time and part-time employees on the active payroll of the Employer shall be determined as follows:

(a) Commencing after four (4) months of employment, full-time employees will accrue one ( 1) paid sick day for every two (2) months of active service, to a maximum of six (6) banked sick days. At the end of the calendar year, up to two (2) unused sick days may be carried over to the next calendar year, but at no time will a full­time employee have more than six (6) banked sick days. Sick days are to be used only for the purpose of time off due to illness. No payment or compensation for unused sick days shall be paid to employees upon resignation, termination, or retirement

(b) Commencing after four (4) months of employment, part-time employees will accrue one (1) paid sick hour for every 30 hours of active service, to a maximum of (24) twenty-four hours banked sick hours. At the end of the calendar year, up to eight (8) unused sick hours may be carried over to the next calendar year, but at no time will a part-time employee have more than twenty-four (24) banked sick hours. Sick days are to be used only for the purpose of time off due to illness. No payment or compensation for unused sick hours shall be paid to employees upon resignation, termination, or retirement.

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(c) When an employee requires sick leave of more than six (6) days, they can apply for sick benefits through Oakdale's disability insurance provider or the Canada Employment Insurance System. The denial of such benefits by the insurer or by Service Canada shall not be arbitrable under this Agreement, and any appeal must be pursued through the appeal process under the applicable insurance plan or governmental process.

(d) If the Employer requires a sick leave certificate in accordance with past practice or the Collective Agreement and the doctor charges the employee for such certificate outside OHIP, the Employer will pay for the certificate. In the alternative, the Employer may require an employee to attend an independent physician other than the employee's own physician to provide a sick leave certificate. In such circumstances the Employer shall pay for any medical fees charged beyond OHIP in relation thereto.

Occupational Accident or Illness

In case of absence due to occupational accident or illness, employees may apply for benefits from the disability insurance provider as set out above.

26.02 If the first two days of leave for an employee in any calendar year which qualify as Personal Emergency Leave days are not already paid under the collective agreement, those days will be paid in accordance with the ESA.

ARTICLE 27- PROMOTION TO A HIGHER CLASSIFICATION

27.01 An employee who is promoted to a higher rated classification within the bargaining unit will be placed in the range of the higher rated classification so that they shall receive no less an increase in wage rate than the equivalent of one step in the wage rate of their previous classification (provided that they do not exceed the wage rate of the classification to which they have been promoted). Such promotions will be carried out in accordance with the aforementioned Job Posting provision.

ARTICLE 28- DEFINITION OF STRAIGHT TIME RATE OF PAY

28.01 For the purposes of calculating any benefit or money payment under this Agreement to which an employee is entitled, the regular straight time rate of pay is that prescribed in Wage Schedule "A" of this Agreement.

28.02 Upon completion of four (4) months of employment, employees will move one step along their wage grid.

Each full-time employee shall move an additional step along their wage grid on the anniversary date of their initial hire until they reach the top step on the wage grid (5 years of service) for their classification.

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Each part-time or relief employee shall move an additional step along their wage grid for every 1725 hours completed after their initial hire, until they reach the top step on the wage grid (5 years of service) for their classification.

ARTICLE 29 - NO CONTRACTING OUT

29.01 The Employer shall not contract out any work usually performed by members of this bargaining unit if, as a result of such contracting out, a lay-off of any employees other than casual part-time employees follows. Contracting out to an Employer who is organized and will employ the employees of the bargaining unit who would otherwise be laid-off is not a breach of this provision.

ARTICLE 30 - PERSONNEL FILES

30.01 All employees of Oakdale will have a confidential personnel file. Current files will be housed at the main offices of the organization. This file will contain such information as: employment application, employment contract, performance appraisal records, status change forms, and disciplinary letters, etc.

The employee will be given the opportunity to read and sign all performance appraisals, which are placed on the individual's personnel file.

All employees may request to see their personnel files, which will not be unreasonably withheld. All requests to see personnel files, must be made through the Executive Director. No original documents may be removed from the personnel files.

The employee must advise the head office immediately of any changes to their:

• address and telephone number • name • driver's license • beneficiaries • emergency phone numbers

30.02 An employee's files will have all disciplinary actions removed, after a period of eighteen (18) months, provided that there has been no further discipline in that period. This shall not apply to discipline directly related to Child Welfare, which will be maintained on the employee's record permanently, unless reversed through the grievance or arbitration process.

ARTICLE 31 -JOB CLASSIFICATION

31.01 New Classifications

When a new classification (which is covered by the terms of this Collective Agreement) is established by the Employer, the Employer shall determine the rate of pay for such new classification and notify the local Union of the same and provide details at least

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fourteen (14) days prior to posting. If the local Union challenges the rate, it shall have the right to request a meeting with the Employer to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Employer of such new occupational classification and rate. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard the requirements of such classification.

31.02 Revised Classifications

When the Employer makes a substantial change during the term of this Agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Employer agrees to meet with the Union if requested to permit the Union to make representation with respect to the appropriate rate of pay.

31.03 If the matter is not resolved following the meeting with the Union the matter may be referred to Arbitration as provided in the Agreement within fifteen ( 15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications.

31.04 The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Employer

ARTICLE 32 - DISABLED EMPLOYEES

32.01 The Employer and the Union recognize their duty to accommodate employees who seek and require such accommodation in accordance with Ontario's Human Rights Code.

32.02 The Employer recognizes its duty under the Accessibility for Ontarians with Disabilities Act (AODA) to develop, implement and enforce accessibility standards in order to achieve accessibility for employees with disabilities.

32.03 If an employee becomes disabled with the result that they are unable to carry out the regular functions of their position, the Employer may establish a special classification and wage with the hope of providing an opportunity of continued employment.

ARTICLE 33 - COST OF PRINTING

33.01 The cost of printing the Collective Agreement will be shared by the parties on fifty/fifty (50/50) basis.

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ARTICLE 34- TERM OF AGREEMENT

34.01 This Agreement shall be in effect until March 1, 2023 and shall remain in effect from year to year thereafter unless either party gives to the other party written notice of its desire to terminate or amend the Agreement. Such notice shall be by registered mail and written ninety (90) days prior to the expiry of the Agreement.

34.02 If either party gives to the other notice in accordance with the provisions of 34.01 the parties shall meet within fifteen (15) days from the giving of the notice, or such further period as the parties agree upon.

SIGNED IN TORONTO THIS·~~·. "DAY OF_--_-._f..._ .. :_· \ __ :_· __ , 2020.

For the Employer For the Union

SCHEDULE A: WAGES

4 Months of Service increments (or post-probation increases) are: $0.70 for Part-Time and Relief; $0.75 for House Parent 1, House Parent 2, Overnight Awake, Child and Youth 1; $0.85 for Child and Youth 2 and Assistant Supervisor.

Year of Service increments for each position on the grid are $0.15 per year.

Wage Grid as of March 2, 2020 - 2% increase to base wage

Position Base 4 Months 1 Year of 2 Years of 3 Years of 4 Years of Wage of Service Service Service Service Service

Assistant Supervisor $18.46 $19.31 $19.46 $19.61 $19.76 $19.91 Child & Youth 2 $17.12 $17.97 $18.12 $18.27 $18.42 $18.57 Child & Youth 1 $15.94 $16.69 $16.84 $16.99 $17.14 $17.29 Overnight Awake $14.71 $15.46 $15.61 $15.76 $15.91 $16.06 House Parent 2 $16.94 $17.69 $17.84 $17.99 $18.14 $18.29 House Parent 1 $15.93 $16.68 $16.83 $16.98 $17.13 $17.28 PT and Relief $14.75 $15.45 $15.60 $15.75 $15.90 $16.05

Overnight Asleep - $11.79 per hour Medical Administration - $0.75 per hour premium for qualified employees

Wage Grid as of March 2, 2021 - 1. 75o/o increase to base wage

Position Base 4 Months 1 Year of 2 Years of 3 Years of 4 Years of Wage of Service Service Service Service Service

Assistant Supervisor $18.78 $19.63 $19.78 $19.93 $20.08 $20.23 Child & Youth 2 $17.42 $18.27 $18.42 $18.57 $18.72 $18.87 Child & Youth 1 $16.22 $16.97 $17.12 $17.27 $17.42 $17.57

Overnight Awake $14.97 $15.72 $15.87 $16.02 $16.17 $16.32 House Parent 2 $17.24 $17.99 $18.14 $18.29 $18.44 $18.59 House Parent 1 $16.21 $16.96 $17.11 $17.26 $17.41 $17.56 PT and Relief $15.01 $15.71 $15.86 $16.01 $16.16 $16.31

Overnight Asleep - $12.00 per hour Medical Administration - $0.75 per hour premium for qualified employees

Wage Grid as of March 2. 2022 - 2% increase to base wage

Position Base 4 Months 1 Year of 2 Years of 3 Years of 4 Years of Wage of Service Service Service Service Service

Assistant Supervisor $19.16 $20.01 $20.16 $20.31 $20.46 $20.61 Child & Youth 2 $17.77 $18.62 $18.77 $18.92 $19.07 $19.22 Child & Youth 1 $16.54 $17.29 $17.44 $17.59 $17.74 $17.89

Overnight Awake $15.27 $16.02 $16.17 $16.32 $16.47 $16.62 House Parent 2 $17.58 $18.33 $18.48 $18.63 $18.78 $18.93 House Parent 1 $16.53 $17.28 $17.43 $17.58 $17.73 $17.88 PT and Relief $15.31 $16.01 $16.16 $16.31 $16.46 $16.61

Overnight Asleep - $12.24 per hour Medical Administration - $1.00 per hour premium for qualified employees

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5 Years of Service $20.06 $18.72 $17.44 $16.21 $18.44 $17.43 $16.20

5 Years of Service $20.38 $19.02 $17.72 $16.47 $18.74 $17.71 $16.46

5 Years of Service $20.76 $19.37 $18.04 $16.77 $19.08 $18.03 $16.76

If an employee transfers into a higher rated position in which she had previously worked for more than 3 months, she will be treated for all purposes as if she already completed the trial period.

If an employee transfers into a lower rated position after having completed her probationary period, she will be treated for all purposes as if she already completed her trial period.

Note: In this collective agreement, effective March 2, 2020 to March 1, 2023, the following job titles have been revised:

The former "1-1 Non Primary" has been updated as "Child & Youth Worker 1." The former "FT Primary" has been updated as "Child & Youth Worker 2."

Child & Youth Worker 1 has primary responsibilities limited to 1 resident. Child & Youth Worker 2 has primary responsibilities of 2 residents.

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LETIER OF UNDERSTANDING

RE: WAGE RE-OPENER

Oakdale Child and Family Services Inc. agree that if, at any point during the term of the Collective Agreement. any possible funding agencies, announce an increase in the amount of funding provided to Oakdale Child and Family Services Inc. for wages of any position in the bargaining unit. Oakdale Child and Family Services Inc. will immediately notify the Union of the increase in funding and meet to negotiate wages.

-) -::>~' ·- \

SIGNED IN TORONTO THIS:..:.:__ DAY OF_·_-_\ \_·,_~. ... _\_<: ___ , 2020.

For the Employer 'I

' "-. (' ~~~~ . --- .,