between

6'J-3- ~og-J---1 s <&a&'- c:to -sl?-!5

COLLECTIVE AGREEMENT

THE SALVATION ARMY

FLORENCE BOOTH HOUSE

-and-

Service Employees International Union1 Local 2

Effective Date: Expiry Date:

October 1, 2012 September 30, 2015

,.

TABLE OF CONTENTS

Article 1- GENERAL PURPOSE .................................................................................................... 1

Article 2- RECOGNITION ............................................................................................................ 2

Article 3- MANAGEMENT RIGHTS .............................................................................................. 3

Article 4- UNION SECURITY ........................................................................................................ 4

Article 5- STRIKES AND LOCKOUTS ............................................................................................. 5

Article 6- UNION REPRESENTATION ............................................................................................ 5

Article 7- DISCIPLINE ................................................................................................................. 7

Article 8- COMPLAINT PROCEDURE ........................................................................................... 8

Article 9- GRIEVANCE PROCEDURE ............................................................................................ 8

Article 10- DISCHARGE CASES ...................................................................................................... 9

Article 11- POLICY GRIEVANCES; GROUP GRIEVANCES .............................................................. 10

Article 12- ARBITRATION ........................................................................................................... 10

Article 13- SENIORITY ................................................................................................................ 11

Article 14- JOB VACANCIES ......................................................................................................... 15

Article 15- HOURS OF WORK AND OVERTIME ........................................................................... 17

Article 16- PAID HOLIDAYS ......................................................................................................... 21

Article 17- VACATIONS ............................................................................................................... 22

Article 18- OCCUPATIONAL CLASSIFICATIONS AND WAGE RATES ............................................... 24

Article 19- JURY AND WITNESS DUTY ........................................................................................ 26

Article 20- CALL BACK PAY ......................................................................................................... 26

Article 21- LEAVE OF ABSENCE .................................................................................................. 27

Article 22- PREGNANCY AND PARENTAL LEAVE .......................................................................... 31

Article 23- ACCESS TO PERSONNEL FILE ..................................................................................... 33

Article 24- RESPONSIBILITY ALLOWANCE ................................................................................... 34

Article 25- JOB SECURITY ........................................................................................................... 34

Article 26- TECHNOLOGICAL CHANGE ........................................................................................ 34

i I Page

/l.f~~o

''

Article 27- JOB CLASSIFICATION/JOB DESCRIPTION ................................................................... 35

Article 28- SICK LEAVE ........................................................................................... : ................... 35

Article 29- HEALTH AND WELFARE .............................................................................................. 37

Article 30- RETIREMENT BENEFITS ............................................................................................ 38

Article 31- OCCUPATIONAL HEALTH AND SAFETY COMMITTEE .................................................. 39

Article 32 - RETROACTIVITY .......................................................................................................... 41

Article 33 - MISCELLANEOUS .................................... , ................................................................. 42

Article 34- DURATION ................................................................................................................ 42

SCHEDULE II All ooo~oooo4ooO~o•~•••••••oooooooooooouoooooooou-4oo•oottftoooo000000UH00tOtOOOoooooooooooooooooooooooouooooooooooo•o••u•o 43

LETTERS OF UNDERSTANDING .................................................................................................... 45

.-. -~--"

COLLECTIVE AGREEMENT between

THE SALVATION ARMY

FLORENCE BOOTH HOUSE

(Hereinafter called the "Company") - and -

SERVICE EMPLOYEES INTERNATIONAl UNION (SEIU} LOCAL 2 (Hereinafter called the "Union")

PREAMBLE

The Salvation Army, which is a worldwide Christian religious movement, has a deep

concern for and involvement in providing services for the disadvantaged in society. This is

further supported through the mission statement, which provides for ministering to those

in need and other persons affected by homelessness or other societal needs through

practical assistance and a demonstration of Christian love and concern.

As a movement we seek to provide a caring. Supportive, respectful and safe environment in

all facilities operated under the name of The Salvation Army.

The deeply religious philosophy of The Salvation Army is integral to all facets of the

operations of The Florence Booth House.

ARTiCLE 1-

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

relations between the employer and the employees and to provide for the prompt and

equitable disposition of grievances and maintain satisfactory working conditions, hours of

work, and wages for all employees who are subject to the provisions of this agreement.

liPage

c?-/ "'--- 36

1.02 This agreement will apply to all full time, part time, temporary, relief and contract

employees unless otherwise indicated. The parties agree that the employer shall not enter

into any other agreement with employees either individually or collectively which will

conflict with any of the provisions of this agreement.

1.03 The gender clause she/ he shall be used throughout this collective agreement.

1.04 The use of the phrase 'calendar days' throughout this agreement is understood as not

including Saturdays, and Sundays and Statutory Holidays, as per Article 16.

ARTICLE 2- RECOGNITION

2.01 The Salvation Army Florence Booth House recognizes Service Employees International

Union Local 2.on - Brewery General Professional Workers Union as the sole collective

bargaining agent for all employees of the Salvation Army Florence Booth House currently

located at 723 Queen Street West, Toronto, Ontario, save and except Administration

Assistants, Coordinators, Head Counsellor, Chaplain, Supervisors, and persons above the

rank of Supervisor.

2.02

(a) "Full time" employee are defined as employees who is scheduled for and works

regularly more than twenty-four (24) hours per week.

(b) "Part-time" employees are defined as employees who are scheduled for and work

regularly, twenty-four (24) hours per week or less.

(i) When a part-time employee works more than three (3) months on a full-time basis

within the clause, they shall be afforded all rights and benefits afforded to full-time

employees until the part-time employee returns to his/her former position.

(c) "Relief" - are defined as employees who do not work on a regularly scheduled basis

and whose hours are determined by the Employer's operational needs and the

Employee's availability, for not more than twenty-four (24) hours per week on average.

Work is scheduled as required to replace regular staff on an emergency basis,

including sickness, vacation, and other unanticipated absences.

21Page

r;#f'--jo

2.03

(d) Temporary employees- are defined as vacancies filled for a specific term not to exceed

14 months, unless the parties mutually agree otherwise, to perform a special project,

illness and holidays, or to replace an employee who will be on approved IE;!aVe of

absence, pregnancy and parental leave, absence due to W.S.I.B. disability, sick leave or

long term disability. It is understood that these jobs are not permanent and that no

employee will be laid off or suffer a reduction ins/his work hours.

(a) We agree that there shall be no discrimination, interference, restriction, or coercion

exercised by The Salvation Army Florence Booth House or their representatives with

respect to any employee in the matter of hiring, wage rates, training, upgrading,

promotion, transfer, layoff, recall, supervisory action, classification, discharge or

otherwise by reason of age, race, creed, colour, ancestry, sexual orientation,

citizenship, place of origin, ethnic origin, gender, marital status, family status or

handicap, all as defined in the Human Rights Code, 1981, as amended, nor by reason

of political or religious affiliation, place of residence, or membership or activity in the

Union.

(b) It is further agreed that bullying, and harassment shall not be tolerated in the

workplace.

2.04 Since the Union is recognized as the sole and exclusive bargaining agent for all employees

in the bargaining unit, the Employer agrees that it will not enter into any other agreements

with employees, either individually or collectively which will conflict with any of the

provisions of this agreement.

2.05 Supervisors and all other persons including those persons whose jobs are not in the

bargaining unit shaii not work on any jobs which are included in the bargaining unit except

in the case of emergency and training or instances mutually agreed upon by the parties.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union recognizes, except as modified by the terms of this agreement, the right of the

Employer to manage and direct the working forces and acknowledges that it is the exclusive

function of the employer to:

3(P.ag_e· I :~_,d

(a) maintain order, discipline and efficiency; delegate shifts, and to make and implement

reasonable rules and regulations.

(b) hire, transfer, layoff, recall, promote, demote, classify, train, discharge, suspend, or

otherwise discipline employees for just cause, provided that a claim of discriminatory

transfer, promotion, demotion, or classification or a claim that an employee has been

discharged or disciplined without just cause may be the subject of a grievance and

dealt with as hereinafter provided.

(c) these rights shall be exercised in a fair and reasonable manner not inconsistent with

the provisions in this agreement.

ARTICLE 4- UNION SECURITY

4.01 As a condition of employment, all employees in the bargaining unit must become and

remain members in good standing of the Union.

4.02

(a) The employer shall deduct from each employee included in the bargaining unit an

amount equal to the normal monthly dues as prescribed by the Secretary-Treasurer of

the Union and, where appropriate, Union initiation fees.

(b) Deductions shall be made at each regular pay period, and shall be held in trust by the

employer and forwarded to the Secretary-Treasurer of the Union, by electronic bank

transfer, together with a detailed list of such deductions, indicating the names of those

employees for whom deductions were made, including address and phone numbers, no

later than the 15th day of the month following the pay periods for which the

deductions were made.

(c) New employees shall have deductions made on the first regular deduction date

following commencement of employment.

4.03 The Union agrees to indemnify and hold the employer harmless with respect to suits,

claims, actions and proceedings commenced against the employee by reason of the

deductions of dues and other payments provided for herein.

4.04 The employer will indicate the amount of Union dues paid by employees on their T-4 slips.

4.05 A Union steward will be permitted to meet with each new employee during the orientation

period and/or within seven (7) days, during working time, for fifteen minutes, in the course

of the new employees first thirty days of employment.

The purpose of the interview, which shall not exceed fifteen (15) minutes, shall be to

inform the employee that a Collective Agreement is in effect, to give the employee a copy

of the Collective Agreement, and to inform employees of the provisions of the Union

Security Article. The Employer shall provide copies of the Collective Agreement for each

employee being interviewed, and that a representative of the Employer may be present at

such interview as so desired.

4.06 The Treasurer of the Union shall advise the employer in writing as to the amount of

monthly dues, and initiation fees and any changes thereto.

4.07 The Employer will give written notice of the names of new employees hired, terminated, or

resigned, to the Union at the same time as the remittance ofthe Union dues.

ARTICLE 5- STRIKES AND LOCKOUTS

5.01 The Employer agrees that there will be no lockout of the employees during the term of this

agreement. The Union agrees that there shall be no strike during the term of this

agreement. This section shall not be construed as prohibiting members from respecting

picket lines, or from refusing to perform struck work.

5.02 The definition of the term "lockout" or "strike" as set forth in Article 5.01 shall be in

accordance with the Ontario Labour Relations Act, R.S.O. 1980, c. 228, as amended.

5.03 The employer agrees that it will not hire additional employees to do the work of the

bargaining unit \lVhi!e they are engaged in a la\AJful strike or while they are locked out.

ARTICLE 6- UNION REPRESENTATION

6.01 The Union shall elect or otherwise appoint a Union Committee composed of a total of two

(2) Stewards (one, who shall be Chief Steward) from the bargaining unit with whom the

Employer will deal on all matters relating to this Collective Agreement including grievances,

negotiations and arbitration. The Employer shall not be required to recognize any Union

Committee members (which include Union Stewards) unless written notification has been

provided to the Employer.

6.02

(a) Each member of the said Union Committee shall receive their regular pay for the time

spent on Union Business including negotiations for a new collective agreement, up to

and including conciliation. No hours will be lost due to such attendance.

(b) Members of the Union Committee and grievor(s), shall receive their regular pay to

investigate grievances and attend grievance meetings, up to and including arbitration,

which shall for the purposes of clarity, cover meetings with a grievance settlement

officer appointed under Section 46 of the Labour Relations Act with representatives of

the employer, whether on or outside the employer premises. No hours will be lost

due to such attendance.

(c) Members of the Union Committee shall receive their regular pay to attend meetings

as identified under Article 6.01, and 602.

(d) Members of the Union Committee shall receive their regular pay to attend meetings

as identified in Article 4.05 - Orientation and Article 6.06 - Labour/Management

meetings.

6.03 The Union agrees that the Union Committee Members have regular duties to perform in

connection with their employment and only such time as is reasonably necessary for the

prompt processing of Union business will be consumed by such persons during working

hours. If it is necessary for a Union Committee Member to attend to Union business as

provided for in this agreement, they shall not leave their work without obtaining

permission from their supervisor. When resuming their regular work, they shall again

report to their supervisor. Such permission will not be unreasonably withheld.

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

Representative in all labour management relations. Such Representative shall have access

to the employer premises to perform such duties as a Representative of the Union. The

employer will be advised of the Representative visiting the premises, on or before their

arrival.

6.05

(a) The employer agrees to supply the Union with the names of the Supervisors and

members of Management and will keep such list up to date at all times.

(b) The Union agrees to supply the employer with the names of the Union Committee

members and will keep such lists up to date at all times.

6.06 Labour Mana ement Committee- The Union Committee and employer will meet at times

mutually agreed should either feel there is business for their consideration. Such meeting

shall be arranged as promptly as possible upon request by either party. A written agenda

shall be submitted by either party requesting to present issues at the meeting.

6.07 Union Bulletin Board- The employer agrees to provide bulletin board space for the Union

for the purpose of posting Union notices, or functions. As a courtesy, the Executive Director

or his designate shall be provided with a copy of all notices to be posted. All other notices

the Union wishes to post are subject to prior approval from the Director (or designate),

which approval shall not be unreasonably withheld.

ARTICLE 7- DISCIPLINE

7.01 An employee, subject to discipline, including verbal warnings, shall have the right to the

presence of a Union Committee person or Steward(s) at the time the disciplinary action is

being taken if they so wish. The employer will inform them of this right.

7.02

(a) It is the intention of the employer to be supportive of the employees in the matters of

public relations. Letters of complaint on file which are sustained (written reports from

public, donors along with the employee's version of the complaint shall be removed

after six (6) months if no further incidents occur. Such letters may be a complaint

under the grievance procedure and are grievable.

(b) Letters of a disciplinary nature will be removed after eighteen months if the employee

has not received any further letters of a disciplinary nature for an eighteen (18) month

period, for said period

7.03 In order to be valid supervisory action or as grounds for further supervisory action, a

written warning must be communicated to the employee concerned within ten (10)

calendar days from the time the employer would have reasonably become aware of the

incident giving rise to the complaint.

ARTICLE 8- COMPLAINT PROCEDURE

8.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as

quickly as possible and it is understood that an employee has no grievance unless a

complaint has been referred to the employee's immediate supervisor within ten (10)

calendar days from the time the employee would have reasonably become aware of the

circumstances giving rise to the complaint. An employee(s) shall have the assistance of a

Union Committee member or Steward, if so desired, at all stages of the complaint and

grievance procedure. The employer will notify the employees of this right.

8.02 The Supervisor shall give an oral decision to the complaint within five (5) calendar days.

Failing action by the employer to follow through with this decision, the grievance

procedure will apply.

8.03 If the employee believes that a complaint has not been satisfactorily adjusted they may

proceed to the grievance procedure.

ARTICLE 9- GRIEVANCE PROCEDURE

9.01 For the purpose of this agreement, "grievance" is defined as dispute, claim or complaint

involving interpretation, application, administration or alleged violation of the agreement.

9.02 Step 1- A written grievance setting out the nature of the complaint may be presented to an

employee's supervisor or designate and the parties will meet within five (5) calendar days

of the receipt of the decision of the Supervisor as outlined in Article 6. The grievance must

set forth in detail on a form supplied by the Union and signed by the Steward. The

Supervisor shall give his written reply within five (5) calendar days thereafter.

Step 2- If the grievance is not settled at Step 1, the grievance may be referred in writing to

the Program Coordinator within five (5) calendar days of the receipt of the decision of the

Supervisor.

A meeting shall be arranged with the Program Coordinator, grievor, and applicable Steward

within five (5) calendar days following the advancement of the grievance to this step in an

attempt to settle the grievance. The Employer shall respond to the grievance and render

their decision in writing not later than five (5) calendar days after the grievance meeting

has been held.

Step 3- If the grievance is not settled at Step 2, the grievance may be referred in writing to

the Executive Director within five {5) calendar days of the receipt of the decision of the

Program Coordinator.

A meeting shall be arranged with the Executive Director (or their Designate), the Union

Representative, grievor, and Chief Steward within five (5) calendar days following the

advancement of the grievance to this step in an attempt to settle the grievance. The

Employer shall respond to the grievance and render their decision in writing not later than

seven (7) calendar days after the grievance meeting has been held.

Should no settlement satisfactory be reached within seven (7) calendar days of the appeal,

the matter may be referred to arbitration within fifteen (15) calendar days calendar days in

accordance with the arbitration procedure set out in Article 12 of this agreement.

9.03 The above mentioned time limits in Article 8 and 9 may be extended by mutual agreement.

ARTICLE 10- DISCHARGE CASES

10.01 A claim by an employee that they have been discharged without reasonable cause shall be

treated as a grievance if a written statement of such grievance is signed by the employee,

and is then lodged with the Executive Director, or his designate, within five (5) calendar

days after notice of discharge has been given by the employer. The discharged employee

shall have the right to the assistance of a Union Committee member in lodging their

grievance. Such grievance shall begin at Step 3 of the Grievance Procedure, and may be

settled by confirming the employers 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 of a Board of Arbitration established under

the Arbitration provisions of this agreement.

10.02 It is agreed that the Chief Steward of the Union Committee and the S.E.I.U. Local 2.on union

office will be notified of the dismissal of any employee. Notification will be at the time the

employee is dismissed.

ARTICLE 11- POLICY GRIEVANCES; GROUP GRIEVANCES

11.01 A grievance arising directly between the Union and the employer concerning the

interpretation, application, administration or alleged violation of this agreement shall be

presented in writing at Step 3 of the grievance procedure and, if necessary, shall proceed to

arbitration in the same manner as the grievance of an employee.

11.02 Where two (2) or more employees have identical grievances, the Union may initiate the

grievances as a group grievance, signed by the Chairperson of the Union Committee (or the

Chairperson's nominee) at Step 2 of the grievance procedure within ten (10) calendar days

after becoming aware the circumstances giving rise to the grievance have originated or

occurred.

ARTICLE 12- ARBITRATION

12.01 In the event that arbitration of a grievance which has been processed through the

grievance procedure is desired by either party, then the other party shall be notified in

writing not later than fifteen (15) calendar days after the employer's response to the

grievance under Step 3.

12.02 Such notice shall contain the name of the appointee to a Board of Arbitration named by the

party initiating the arbitration.

12.03 It is understood that any question as to whether a matter is arbitrable may also become a

subject of arbitration.

12.04 The recipient of the notice shall within twenty (20) calendar days advise the other party of

the name of its appointee to the Board of Arbitration.

12.05 The two (2) appointees so selected shall within seven {7) calendar days of the appointment

of the second ofthem appoint a third person who shall be the Chairperson.

12.06 If the two (2) appointees fail to agree upon a Chairperson within the time limit, the

Minister of Labour for Ontario, upon request of either party, shall appoint an impartial

Cha i rpe rso n.

12.07 The decision of the majority of the Arbitration Board and where there is no majority the

decision of the Chairman will be final and binding upon the parties thereto and the

employee or employees concerned.

12.08 No person may be appointed as an arbitrator who has been involved in an attempt to

negotiate or settle the grievance.

12.09 The Board of Arbitration shall not have jurisdiction or authority to alter or modify any of

the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to

give any decision inconsistent with the terms and provisions of this agreement.

12.10 Each of the parties will bear the expenses of the nominee appointed by it and the parties

will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board.

12.11 Both parties may agree in writing for the appointment of a single arbitrator, or

Mediation/Arbitration and the decision shall be binding and as effective as if made by a

Board nominated as provided. Each of the parties will equally share the expenses.

12.12 Time limits contained in this agreement may be extended by mutual agreement.

12.13 An arbitrator or arbitration board shall have the power to allow amendments to the

grievance and to waive formal procedural irregularities in the processing of a grievance in

order to determine the real matter in dispute and to render a decision which the arbitrator

or arbitration board deems just and equitable and consistent with the terms of this

collective agreement.

ARTICLE 13- SENIORITY

13.01 A new employee shall be considered to be on probation until after he/she has completed

sixty (60) days of work in a twelve (12) month period, for full time, and four hundred and

eighty (480) hours of work in a twelve (12) month period, for a part time or relief.

An employee will not be placed on the seniority list until she/he has successfully completed

the probationary period referred to in this Agreement.

13.02 During the probationary period an employee is entitled to the advantages ensuing from the

present agreement. However, an employee who has not completed his probationary

period may be terminated on the basis of a fair and proper assessment of his/her suitability

for employment. Such termination may be taken up as a grievance as per Article 4.05. The

employee will have the right to Union Representation at the disciplinary/dismissal meeting.

• 11 I P a g e

tfeY~Jo

13.03

(a) For the purposes of this agreement, seniority is defined as the length of continuous

service in the bargaining unit and will be applied on a bargaining unit wide basis. Such

seniority will date from the last date the employee actually commenced work with the

employer and will accumulate thereafter.

(b) Part-time employees shall accumulate seniority on the basis of hours worked with one

(1) year equaling 1765 hours.

Part Time Employees moving up to Full Time shall have the seniority date adjusted

using the above formula of 1765 hours equals on year, to set their start date.

Full time Employees moving down to Part Time shall have their seniority converted to

hours.

Note: The effective date shall be for new employees from the date of ratification

forward, not retroactive.

13.04 In cases of promotion, demotion, transfer or layoff and recall a combination of

qualifications, experience, skills, abilities and seniority shall be taken into account in making

the final decision. The parties recognize job opportunity and security should increase in

proportion to length of service, however, ability to perform the work or to be able to

perform the work will be determined by qualifications, experience, skills and any legally

required formal training. Where qualifications, experience, skill and ability are found to be

equal, seniority will be the governing factor.

13.05

(a) Seniority lists will be posted on the Union Bulletin Board and will be revised every six

(6) months, in January and July, according to the records of the Employer. The

Employer shall supply the Chief Steward with copies of the seniority list.

(b) Seniority lists will be sent to the Union office, containing addresses and telephone

numbers, and will be revised every six (6) months, in January and July.

(c) Employees will have thirty (30) calendar days from the posting date of the seniority list

to notify the employer of any errors, changes and/or additions.

13.06 La off and Recall

(a) In circumstances where an employee is laid off, seniority will prevail provided the

employee retained has the qualifications, skills and ability to perform the normal

requirements of the job. Recall will be in the reverse order of layoff. The Employer

agrees not to hire any new employees while there is any employee on layoff who has

the qualifications, skills and ability to perform the normal requirements of the job in

question. The job posting procedure in the collective agreement shall not apply until

the recall process has been completed.

(b) The employer shall comply with the Employment Standards Act with respect to the

giving of notice of layoff.

(c) In the event of a proposed layoff of a short term nature, the employer shall provide

the Union with at least two weeks notice. This is not notice in addition to required

notice for individual employees.

(d) In the event of a proposed indefinite or permanent lay-off, the employer shall provide

the Union with forty-five (45) days notice and will meet with the Union to discuss the

following:

(i) the reasons causing the lay-off.

(ii) the service the employer will undertake after lay-off.

(iii) the method of implementation including the areas of cutback and the employee(s)

to be laid off.

Any agreement between the employer and the Union resulting from the review above shall

take precedence over the terms of this Articie.

13.07 In the event of a lay-off of an employee, the employer shall pay its share of insured benefit

premiums up to the end of the next month from the date on which the lay-off occurs.

13.08 loss of Seniorit - An employee will lose his seniority and his employment with the

employer shall terminate for any ofthe following reasons:

(a) if he quits;

(b) if he is discharged and such discharge is not reversed through the grievance

.,.£ 13IPage

c;7'-J~ ]CJ

(c) if he is laid off and fails to return to work within 7 calendar days after he has been

notified to do so by registered mail to his last known address unless extended by

mutual agreement;

(d) if he is laid off for a period of over twenty (20) months, and/or the right of return to

the property as per Article 2.01 or to a designated replacement property during any

renovation or moving period;

(e) an employee who fails to appear for three (3) consecutive working days without

permission from their supervisor and has not contacted the immediate supervisor or

after hours, the On Call person at the Florence Booth House, and/or voice mail,

personally and directly if and when they have had an opportunity to do so, shall be

deemed to have abandoned their position at their respective workplace and the

employee shall cease to be employed.

An employee fails to report for work as scheduled at the end of a leave of absence,

vacation, or suspension, unless the employee provides a reason satisfactory to the

Employer which demonstrates as just cause under the Article 9 - The Grievance

Procedure.

(f) If she is off because of injury or illness for twenty-four (24) months.

13.09 Severance- In the event of a permanent layoff, the following will apply:

(a) One week's pay per year of service and two weeks pay per year of service for those

employees with fifteen (15) years seniority or greater.

(b) If an employee elects to accept a severance package in lieu of recall rights the

employee will be deemed to be terminated.

(c) In the event of a temporary lay-off, the employer shall pay its share of insured benefit

premiums up to the end of the next month from the date on which the temporary lay­

off occurs, as per Article 13.07 or as per 13.09 (b).

(d) In the event of a permanent lay-off of an employee, the employer shall pay its share of

insured benefit premiums up to the end of the next month from the date on which the

permanent lay-off occurs, as per Article 13.07 or as per 13.09 (b).

ARTICLE 14- JOB VACANCIES

14.01 When a new Bargaining Unit job classification is created or any vacancy occurs as a result of

death, retirement, resignation, promotion, restructuring, demotion, transfer or termination

of employment, the employer will post a notice of the vacancy for a period of seven (7)

calendar days on the Union Bulletin Board.

14.02 Employees shall have the right to apply for the job as in Article 14.01 during the period

(seven calendar days) of the posting and the applications shall be considered by the

employer in accordance with the standards set forth in Article 13.04.

14.03 In the event the successful applicant within thirty (30) working days of commencing work in

the posted position or such longer period as may be mutually agreed upon in writing,

proves unsatisfactory or requests a return to their former position, they shall be returned

to their former position without loss of service. It is understood this procedure does not

prevent the employee from lodging a grievance. The same right applies to the employee

who wishes to return to her former job, all others so affected shall be returned to their

former jobs with proper notice, which is provided in writing.

14.04 If no applications to fill such vacancy or new job created are received from employees then

the employer will fill the vacancy or new job created in any manner it sees fit, including

seeking outside applicants, with consideration to the seniority provision of this agreement.

Any recruitment notices outside of the workplace must indicate the workplace is unionized.

14.05 Copies of all Bargaining Unit job postings shall be submitted to the Chief Steward and the

Union office, prior to the posting.

14.06 The name of the successful candidate will be posted on the Union bulletin boards

immediately after all applicants are advised of the results.

14.07 If after twenty-one (21) calendar days following the posting of a vacancy, no suitable

candidates have been identified, the status of that vacancy will be discussed with the

Union.

14.08 Tern orar Vacanc

(a) When a full time employee is going to be absent for an indefinite or definite period of

time for any reason other than vacation and for a period expected to last longer than

-/} _.}51 Page

/C-8~3cJ

four (4) weeks, such positions shall be posted as per Article 14.01 of the Collective

Agreement.

(b) Only applicants in the Bargaining Unit who are qualified and capable to perform the

work, will be considered and then in order of seniority.

(c) It is agreed that any employee who is selected to fill any temporary vacancy shall be

informed of the expected duration of the absence of the full time employee.

(d) If the original incumbent decides not to return to work, or is unable to do so, then the

position shall be regarded as full time vacancy and dealt with in the appropriate

manner, as per Article 14.01 of the Collective Agreement.

(e) Employees in a temporary position shall remain in that position until its completion,

and are ineligible to apply for any other temporary postings until the initial temporary

position is completed.

(f) Temporary employees may apply for permanent positions during this time, and may

be required to remain in the temporary position for the remainder of the posting at

the discretion of the Employer.

(g) At time of hiring, the Employer will specify in its letter of offer the working hours,

salary and termination date. Any extension of the specified period of employment

must be confirmed in writing prior to the termination date.

(h) On completion of the temporary assignment, the employee will return to his/her

former position in the bargaining unit or in the event, the temporary employee is not a

former bargaining unit member, his/her employment will be terminated.

14.09 Temporary employees shall have a separate seniority pool which shall be acknowledged if

the temporary employee is hired for a permanent vacancy.

14.10 If no applications are received from qualified employees within the bargaining Unit, then

the Employer will fill the vacancy at their discretion.

14.11 Any employee outside of the temporary provisions of Article 14.08 who works full-time

hours for more than three (3) consecutive months shall be considered full-time employees.

ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 This Article shall not be construed as a guarantee of hours of work in a day or a week or a

guarantee of days of work, or otherwise.

(a) The current twelve hour scheduling as the main system of work, will not be changed

without agreement of the parties. Such agreement will not be unreasonably denied.

(b) The schedule of hours and days of work of each employee shall be posted in an

appropriate place two (2) weeks prior to the commencement of the schedule on

Thursday for the upcoming week. There shall not be changes in the schedule two

week after implementation without mutual consent between the employee and

employer.

(c) Once posted, mutual changes can be arranged between employees in the same

classification with the consent of the employer. Such consent shall not be

unreasonably withheld. Such requests shall be in writing. It is understood however,

that the Employer will not incur any penalty or premium resulting from such exchange

of shifts.

15.02 The regular work week for full-time employees on average will be eighty-four hours (84) bi­

weekly as per Article 15.04 (b), (c). It is understood that an additional two hours for a total

of eighty-six (86) can be assessed under Article 15.05. A regularly scheduled shift will not

be spread over a period longer than twelve (12) hours unless by mutual agreement of the

parties.

(a) The normal hours of work shall be twelve (12) hours including a half (1/2) hour paid

lunch.

(b) Staff working eight (8) hour shifts shall be entitled to a one-half hour meal break.

(c) All hours in excess of five hours per day shall be entitled to a one-half hour meal

break.

(d) Due to the nature of the operation, some employees may be required to work through

the meal break. The Employer shall make very reasonable effort to reschedule such

breaks or be compensated for that time at their regular rate.

(e) It is understood that those receiving a paid lunch shall remain on the premises.

15.03 An employee shall not have his/her existing regular hours reduced involuntarily due to

those hours being assigned to an employee with less seniority. Exceptions to this are as

follows:

15.04

(a) the change is necessary to maintain reasonable staffing flexibility within a unit; or

(b) the change is agreed to between the employer and Union.

(a) Full Time -12 hour shifts or 8 hour shifts- All authorized work performed in excess of

normal hours per day, or on an employee's scheduled day off, except as per Article

15.02, shall be paid for at the rate of time and one-half (11/2) of the employees basic

straight time hourly rate or in excess of forty-two (42) hours.

(b) Employees who are regularly scheduled to work 12 hour shifts and work in excess 84

hours bi weekly shall be paid at the rate of 1.5 times the employee's regular hourly

rate of pay or compensatory time off at straight time for each excess authorized hour

worked.

(c) Employees who are regularly scheduled to work 8 hour shifts and work in excess 42

hours bi weekly shall be paid at the rate of 1.5 times the employee's regular hourly

rate of pay or compensatory time off at straight time for each excess authorized hour

worked.

(d) Part-Time -All authorized work performed in excess of forty-two (42), except as per

Article 15.02, shall be paid for at the rate of time and one-half (1 1/2) of the

employees basic straight time hourly rate, or as (b) and (c) above.

Part-time employees shall receive overtime in excess of forty-two (42) hours except

where such overtime is due to vacation, sick time (long-term) (three days) or Workers'

Compensation. Overtime payment shall be waived in the above noted instances and

will be paid as per the Full Time overtime provision.

(e) The employer and employee may, by mutual agreement, schedule time off in lieu of

overtime pay at a mutually satisfactory time. The employee may hold thirty-six (36)

hours in the "Bank." Any hours above the bank shall be paid as overtime. Time off

shall be equal to the overtime entitlement. Where there is no agreement the

employee shall be paid for overtime.

15.05

15.06

(a) Employees may be required to work overtime. Such overtime will be offered on the

basis of seniority and rotational and shall be voluntary. It is understood that the

requirement to work without the specified time between shifts as indicated in 15.06

will require the consent of the employee.

(b) The opportunity for stay-over overtime shall be given firstly to the Bargaining Unit

employees on the job, in the classification pertaining to the overtime. The call-in

overtime shall be awarded according to rotational seniority basis.

(c) If an employee does not report for duty, the current on duty employee must remain

on the job until a replacement is found. If the current on duty employee cannot

remain because of exceptional circumstance, it is understood that a qualified

management person may fill the position until the replacement can be found. Such

discretion shall not be exercised in an arbitrary, discriminatory or bad faith manner.

(a) In normal circumstances, no employee shall be scheduled to work for more than five

{5) consecutive days for the eight (8) hour shifts within a work week, with out the

employee's consent.

(b) In normal circumstances, no employee shall be scheduled to work for more than four

(4) consecutive days for the twelve {12) hour shifts, with out the employee's consent.

15.07 No employee shall be laid off during their normal schedule of working hours for the sole

purpose of depriving them of overtime pay.

15.08 Employees shall be entitled to paid rest periods of fifteen (15) consecutive minutes in both

the first and second half of an eight hour shift. Employees who work in excess of eight {8)

hours shall be entitled to additional paid rest period of fifteen minutes for each four {4)

hours worked.

15.09 Part-time employees will be scheduled on the basis of seniority within their job

classification and on the basis of qualifications, skills and seniority outside of their

classification. Part-time staff have regularly scheduled shifts. Their first commitment is to

those shifts. Hours other than their regular schedule, can be given to a part time employee

under the following conditions:

19 I P a g e

:/a--._:p

(a) Vacations

(b) Sickness

(c) Leaves of absence

(d) Unauthorized leaves of absence

(e) Increased workload during regular operations

(f) Any other circumstance where regularly scheduled shift is not staffed

(g) Any other condition the parties agree to.

15.10 Call-In - The Employer shall maintain a list of employees to be available for call-in.

Employees on the Call-In list shall be called in order of seniority beginning with the most

senior employee until the staff shortage is filled. This list shall be posted.

Subsequent call-ins will start with the employee below the last person to accept a call-in

and so on, on a rotational basis.

The Employer shall bypass an employee on the list who would be eligible for overtime

premium if called in to work, until such time as all employees that are available would be

eligible for overtime pay.

Where no employee on the call-in list is available, management shall have the right to call­

in other bargaining unit staff.outside of the classification, in order to fill the vacant shift in

the following order:

(i) Seniority

(ii) Full time in Classification

(iii) Qualified in other classification

For Janitor\Housekeeping;

(i) Part time

(ii) Relief

-

zo ~.~re :1~ scyfe--

ARTICLE 16- PAID HOLIDAYS

16.01 The following holidays and payment of normally scheduled hours, will be granted to an

employee provided the employee works his/her regular shift immediately preceding and

immediately following such a holiday, except where the employee is absent due to illness

or for other satisfactory reasons accepted by the employer:

New Year's Day Civic Holiday

Family Day Labour Day

Good Friday Thanksgiving Day

Victoria Day Christmas Day

Canada Day (July 1) Boxing Day

*Floater

*The Employer shall recognize two (2) Floaters as a day off at straight time. The second

floater is effective in 2013.

The requests for such floating holidays will be submitted in writing at least ten (10) working

days before the date requested and the employer shall respond in writing within three (3)

working days of receipt of such request. Where more than the authorized number of

employees are applying for the same date seniority will prevail. Floaters may also be

booked within the vacation booking program as per Article 17.02.

16.02 An employee who is required to work on any of the above named holidays shall receive at

the employee's option either:

(a) pay at the rate of time and one-half (1 1/2) the employee's regular rate of pay for

work performed on such holiday in addition to the employee's regular pay, or

(b) pay at the rate of time and one-half (1 1/2) the employee's regular rate of pay for

work performed on such holiday and in lieu, a day off one hundred and twenty (120)

ninety (90) days following the holiday. Such lieu day off to be selected by the

employee and their Supervisor by mutual agreement. Following this one hundred and

twenty (120) day period, if the lieu day has not been used, the unused lieu day will be

paid out on the following pay period.

fl, 211 Page

c;:r-L3o

16.03 When a holiday occurs during an employee's vacation period the holiday may be added to

the vacation period by mutual agreement between the employer and the employee.

16.04 When a holiday occurs on an employee's regular day off, the employee will receive an

additional day off with pay in lieu thereof; such lieu day to be mutually arranged between

the employer and the employee, within one hundred and twenty (120) days of the holiday,

in accordance with the lieu time provisions set out in 16.02 (b).

16.05 When a holiday falls on a weekend, for those working Monday to Friday, the day off with

pay will be given up to sixty (60) days following the holiday. Such lieu day off to be selected

by the employee and their Supervisor by mutual agreement.

16.06 Employees whose ethnic, religious or spiritual affiliations may lead them to substitute other

holidays with pay must a make this request in writing on a timely basis and arrange this

with their Supervisor. This arrangement shall be made only in the case of employees

whose ethnic, religious or spiritual status does not correspond to the public holidays in

Article 16.01.

ARTICLE 17- VACATIONS

17.01

(a) Employees, as of January 1, in any given year, will be eligible for vacation according to

the following schedule:

As of January 1. 2013, permanent full-time employees will be entitled to vacations with

pay in accordance with the current practice as in the following schedule:

On Completion of Years of Service* I Employees I

I 1 Year

IL 2 weeks

I I

2 Years II

3 weeks I

I 9 Years*

II 4 weeks

I I

19 Years* II

5 weeks I

*the change is only from the 2013 Vacation year

(b) For full-time and part-time with less than one (1) year of service will receive four

percent (4%) of their gross earnings in the preceding vacation year and may take a

vacation of one (1) day off for each month of service to a maximum of ten (10) in that

year.

(c) Part time sha II receive vacation entitlement and pay pro-rated as per the above chart.

(d) Relief and temporary employees will be paid four percent (4%) vacation pay on a bi­

weekly basis, and receive time off as per Article 14.08

17.02 All employees shall be given their vacation preference based on seniority. An employee

may exercise their seniority rights once in any vacation year. Employee shall submit their

vacation requests from January to March 31'1 of each vacation year. All other vacation time

may be taken any other time of the year (on a first come - first served basis) with four

weeks prior notice or in exceptional circumstances with approval of the Executive Director

or designate.

17.03 Vacation pay shall be paid for the scheduled vacation period as per the regular pay

schedule and method.

17.04 Where an employee's scheduled vacation is interrupted due to illness, the illness shall be

considered sick leave provided the employee presents satisfactory proof of illness.

The portion of the employee's vacation which is deemed to be sick leave under the above

provision will not be counted against the employee's vacation credits. The employee must

provide a medical certificate, proving serious illness or debilitating injury.

17.05 An employee who leaves the employ of the employer for any reason shall be paid the

vacation allowance due to them at the time of their termination as provided herein.

17.06 Any employee wishing to take more vacation days than earned may do so without pay if

approved by the employer.

17.07

(a) An employee must use his vacation days by December 31, of the current year.

23jPage

fl:l~5o

(b) Notwithstanding Article 17.07 (a), vacations will not normally be carried over into a

new year. However, an employee may request remaining vacation to be carried over

in exceptional circumstance, if they book remaining vacation before November 1, for

the period of January 1'1 to the end of the fiscal year, March 31'1• This must be agreed

upon by both parties and according to operational requirements.

17.08 The vacation pay entitlement, but not the vacation time entitlement, of an employee who

has been absent from work without pay for a period in excess of one (1) month during the

vacation year shall be prorated on the basis of actual time on the payroll during which

he/she is in receipt of remuneration from the employer. An employee who is absent from

work on Workers' Safety and Insurance Board benefit or paid sick leave (other than LTD)

shall not be held to have been absent from work without pay. It is understood that

employees absent from work on Workers' Safety and Insurance Board benefit or sick leave

shall continue to accumulate vacation time entitlement.

17.09 Employees who have more than two weeks vacation may request approval to take up to

one week of their vacation in segments of one or more days at a time. It is understood that

such request cannot block full week requests under Article 17.02- "the vacation booking

program."

ARTICLE 18- OCCUPATIONAL CLASSIFICATIONS AND WAGE RATES

18.01 The occupational classifications and wage rates are set out in Schedule "A" which is

attached hereto and forms part of this agreement.

18.02

(a) If an existing Bargaining Unit classification is changed or a new Bargaining Unit

classification is created, the Employer will provide the Union with such pertinent

information as job title, job description work, qualification, wage rate. Such

information will be provided to the Union as early as possible before the changed or

new job is implemented. The rate of pay shall be subject to negotiations between the

employer and the Union.

(b) At the request of the Union, a meeting will be arranged for the purpose of

endeavouring to resolve any difference(s).

24 I P a g e

~t0

18.03

(c) If the Employer and S.E.I.U. Local 2.on are unable to agree on the rate of pay, such a

dispute shall be submitted to arbitration forfinal determination. The new rate shall be

retroactive to the time the position was first filled by an employee.

(d) The Board of Arbitration shall set a wage rate bearing an equitable relationship to

classifications not in dispute in Schedule "A".

(a) An employee temporarily transferred by the employer to a higher job classification

within the bargaining unit, for the majority of five (5) hours for a eight (8) hour shift or

eight (8) for a twelve (12) hour shift, shall receive for the time so transferred, the next

highest pay rate as set out in Schedule "A", in the job classification to which they are

transferred, above their regular rate or the equivalent of the last step received within

their regular classification, whichever is higher.

(b) An employee who is promoted to a higher job classification within the bargaining unit,

shall receive no less an increase in wages than the equivalent of one (1) step on the

wage scale of their previous classification provided that it does not exceed the wage

scale of the classification to which they are promoted.

(c) An employee temporarily transferred by the employer to a lower paid job

classification within the bargaining unit shall continue to receive their regular rate of

pay as set out in Schedule "A".

(d) An employee who applies and accepts a lower paying job within the bargaining unit

shall receive credit for all years of service with the employer.

18.04 Employees pay shall be calculated on a two (2) week period ending on a Wednesday and

shall be provided through direct deposits on the following Thursday. Pay stubs shall be

mailed directly to the employee from the Territorial Headquarters.

18.05 Errors on Pa che ues - In the event of an error made by the employer on an employee's

pay, a separate cheque shall be issued if the error results in an employee being underpaid

by $30.00 or more. The Employer shall provide payment for the shortfall within four (4)

business days from the date it is notified of the error.

-d,. 251 Page

r :JC</"< Jo

ARTICLE 19- JURY AND WITNESS DUTY

19.01

(a) The Employer shall grant paid Leave of Absence to an employee who is called as a

juror or subpoenaed as a Crown witness for the Florence Booth House. The Employee

will be paid the difference between any jury service fee and their regular rate of pay

for those hours spent on jury duty or as a subpoenaed Crown witness, not exceeding

the regular hours they normally would work on that day. The subpoena or witness call

shall be presented to the Employer for the confirmation of such leave.

(b) If the Employee is required to appear as a Crown witness for a case related to the

Salvation Army Florence Booth House on their scheduled day off, shall be reimbursed

for normally scheduled hours, and the Employer shall provide an alternate day off,

without pay, subject to operationa I needs.

ARTICLE 20- CALL BACK PAY

20.01 An employee called back to work after leaving the premises who reports to work outside

their normal, scheduled hours of work will receive, no matter what period of time is

actually worked, no less than the equivalent of four (4) hours pay at time and one-half (1

1/2) their regular, straight-time hourly rate, as per Article 15.01 (b) and 15.01(c).

20.02 In lieu of call back pay, an employee may take equivalent time off with pay at a mutually

agreeable time within thirty (30) days following the call back or such longer period as may

be agreed upon. Where no agreement is reached, the employee shall be paid in

accordance with paragraph, as per Article 15.04

20.03 Any employee who is called into work as a replacement for an absent employee, after that

employee's shift has started will be paid for the full shift provided they work a minimum of

five (5) or eight 8 hours, as per Article 18.03 (a).

ARTICLE 21- LEAVE OF ABSENCE

21.01 Union Leave of Absence -The employer may grant leaves of absence for the purpose of

Union business, education, seminars, etc. One employee on such leave of absence shall be

paid such leave by the employer. The employer shall then forward a statement for such

wages to the Union office for reimbursement of the stated amount.

(a) Not more than one (1) employee will be absent at one time.

(b) A written request from the Union must be made to the Employer normally at least

four weeks prior to the date of the Union's function:

(c) The employee's wages and benefits will continued by the Employer, and the Union will

reimburse the Employer for all such wages and benefits paid to, or in respect of, the

employer who is granted the leave.

(d) To a maximum of ten (10) days total.

(e) The Employer shall provide a leave of three paid days during the length of the

Agreement.

(f) The Employer shall provide for three days per year for the Annual Education sessions

in each year of the Collective Agreement.

21.02 Personal Leave of Absence

(a) The employer may grant leave of absence without pay for a period of up to four (4)

months. The Employer may consider granting additional time to any employee for

legitimate personal reasons. The employee, to be considered for such leave of absence,

must submit their request in \ltJriting to the employer at least twenty-one calendar days

in advance, except in the case of an emergency. Such consent shall not be unreasonably

withheld, having regard to the reason for the request and the staffing requirements of

the employer.

Seniority will be retained but not accumulated during such leave and the Employer shall

not be required to pay benefit costs during the leave nor will the employee be eligible to

accumulate sick leave credits during such leave. Subject to any restrictions by the carrier,

if any.

27 I P a g e

ftJ;_.__~

(b) When a leave occurs, employees shall return to their classification and job where

possible at The Salvation Army Florence Booth House upon returning to work.

(i) Pregnancy and Parental Leave

(ii) Workers' Compensation for twenty-four (24) months

(iii) Sick Leave for one (24) months

(c) Benefits while on a personal leave shall be continued through the absence period for a

period of up to thirty days and while on W.S.I.B. for twenty-four (24) months or as per

legislation. Benefits shall continue while on sick leave for up to thirty {30) days or until

sick credits are depleted, whichever is greater. Employees may continue to pay for the

benefits beyond the coverage provided by the employer.

21.03 Bereavement Leave

(a) In the event of the death of a member of the employee's immediate family, the

employer will grant a leave of absence with pay of five (5) working days. For purposes

of this Article, immediate family means spouse, mother, father, sister, brother, child,

adoptive child, stepchild, grandchild.

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

daughter-in-law, mother-in-law, father-in-law, step-parent, or grandparent, the

employer will grant a leave of absence with pay of three (3) working days.

(c) In the event of the death of the employee's niece or nephew, aunt, or uncle the

employer shall grant a leave of absence with pay of one (1) working day.

(d) Relatives referred to above include persons who are related by marriage, adoption,

and common-law relationships. The definition of in-laws shall be interpreted as those

of an employee's current relationship.

(e) Employees may be entitled to an extension of any of the above-mentioned time limits

without pay. Such request shall not be unreasonably denied.

~

281Page

cfl~:?d

21.04 Education leave

(a) Where employees are required by the employer to take courses to upgrade or acquire

new employment qualifications, the employer shall pay the full cost associated with

the courses.

(b) If required by the employer, an employee shall be entitled to leave of absence with

pay and without loss of service and benefits to write examinations to upgrade his or

her employment qualifications.

(c) Where new or greater skills are required by the Employer than already possessed by

affected employee, such employee shall be given a reasonable period of time without

any reduction in rates of pay during which they may acquire the necessary skills

required by such change and every accommodation shall be made in order to

accommodate the acquisition of these skills.

(d) Further to Article 21.04 (a), (b), and (c), the employee shall be entitled to any

necessary leave of absence with pay and benefits including overtime pay when

applicable.

21.05 Emer enc leave - Employees have a right to take up to ten (10) unpaid days of time off

work every calendar year because of illness, injury, certain emergencies or other matters as

stipulated in the Ontario Employment Standards Act, 2000.

If an employee takes only part of a day as Emergency Leave, it can count as a full day of

leave.

An employee must inform the employer that he/she shall be taking an Emergency Leave of

absence. If an employee has to begin an Emergency leave before notifying the employer,

the employee must inform the employer as soon as possible.

An employer is allowed to ask an employee to provide proof that he/she is eligible for an

emergency leave of absence.

21.06 Family Medical Leave (Ontario)

(a) The employer shall grant Family Medical Leave to full-time, part-time, permanent or

contract, employees who will be providing care or support to a family member who

has a serious medical condition and is in significant risk of dying.

(i) Family Medical Leave is unpaid leave for a period of eight (8) weeks in a twenty-six

(26) week period.

(ii) Family Medical Leave can last up to eight (8) weeks and must be taken in full week

periods, not in days.

(iii) The employee may not remain on a leave after the week in which the family

member's death occurs, or in any event, after the twenty-six (26) week period

referred to in the medical certificate.

(b) Under the Employment Insurance Act, six (6) weeks of employment insurance benefits

called "compassionate care benefits" shall be paid to E. I. eligible employees who have

to be away from work temporarily to provide care to a family member who has a

serious medical condition with a significant risk of death within twenty-six (26) weeks

and who requires care and support from one or more family members.

(c) A "family member" includes: employee's spouse (includes common law or same sex

spouse); a parent, step-parent or foster parent of the employee; a child, step-child or

foster child of the employee or employee's spouse.

(d) An employee who intends to take a Family Medical leave shall:

(i) Provide written notice to the employer. An employee, who must begin the leave

before providing written notice, is required to provide the written notice a soon as

possible after commencing the leave.

(ii) The employee must provide a certificate from a qualified health practitioner

confirming that a family member has serious medical condition and is in significant

risk of dying within a period of 26 weeks.

(e) The employer shall:

(i) Continue to pay the employer's share of the premiums to certain benefits (i.e. RRSP

plans, life an extended health insurance plans, accidental death plans and dental

plans) that were provided to the employee before the leave;

(ii) Include the period of the leave in calculating the length of the employee's

employment for seniority and other purposes;

30fPage

~0

(iii} Reinstate the employee to the same position after the leave or to a comparable

position if the employee's position no longer exists.

(f) There is no limit on the number of family medical leaves an employee may take and

there is no specified period of time that an employee must work between successive

leaves.

(g) Employees are entitled to take more than one leave in respect of the same family

member if a health practitioner issues another certificate (whether the employee

would be eligible for any further E.l. benefits would be a matter to be determined by

the Federal Employment Insurance Commission}.

(h) An employee may be entitled to both Emergency Leave and Family Medical Leave.

They are separate leaves and the right to each leave is independent of any right an

employee may have to the other leave. An employee who qualifies for both leaves

would have full entitlement to each leave.

ARTICLE 22- PREGNANCY AND PARENTAL LEAVE

22.01 As per the Ontario Employment Standards Act, 2000 (ESA} and as amended from time to

time.

(a} An employee is entitled to Pregnancy Leave without pay for a period of seventeen (17}

weeks beginning no earlier than seventeen (17} weeks before the expected date of

delivery. The employer shall not deny a pregnant employee the right to continue

employment during the period of pregnancy, except as provided in this collective

agreement.

(b) The employer may require the employee to submit a medical certificate setting out

the expected date of delivery.

(c) An employee shall inform the employer in writing of her plans for taking Pregnancy

Leave at least two (2} weeks in advance of the anticipated date of commencement of

her Pregnancy Leave, unless the employee stops working because of complications

caused by her pregnancy or because of a birth, still birth or miscarriage that happens

earlier than the employee expected to give birth, in which case, the employee shall

notify the employer of the date of commencement of her leave.

(d) An employee, other than an employee eligible for Pregnancy Leave, who becomes a

parent through the birth of a child or children or adoption of a child or children in the

care of the employee for the purpose of adoption pursuant to the law of Ontario, is

entitled to Parental Leave without pay for a period of up to thirty-seven (37) weeks,

upon giving at least two (2) weeks notice in writing (unless there is a valid reason why

such notice cannot be given) to the employer on the date of commencement of the

leave and duration of the leave. An employee who takes Pregnancy Leave may also

take Parental Leave, without pay, for a period of up to thirty-five (35) weeks

immediately following the expiry of her pregnancy leave.

(e) Parental Leave for parents other than those eligible for Pregnancy Leave, may begin

their leave no more than fifty-two (52) weeks after the day the child is born or comes

into the custody of the parent for the first time. Where an employee has begun

Pregnancy or Parental Leave and the child to whom the leave relates is hospitalized for

a period exceeding or likely to exceed one (1) week, the employee is entitled to return

to work and defer the unused portion of the Pregnancy or Parental Leave until the

child is discharged from the hospital. The employee shall give the employer written

notice of his/her plans, as much in advance as reasonably possible.

(f) Health Benefits - Employees who are absent from work due to maternity leave are

eligible for all benefits, subject to payment of premiums. The employee must

continue all benefits in force at the time of maternity leave; they cannot choose to

continue only specific coverage. The employee is responsible for their share of

premium contribution throughout their leave. The employee is to provide the

employer with post dated cheques prior to their last day of work to cover the

employee portion of the total premium cost. Coverage shall automatically continue

throughout the maximum period under the maternity provisions of the Employment

Standards Act.

Employees are able to make changes to their coverage within thirty-one (31) days

from the actual birthdates/adoption of their child. If changes are made after thirty­

one (31) days, evidence of good health shall be required and late applicant restrictions

shall apply to the dependent(s).

32IPage

cfe-J'~3J

Employee's who choose to discontinue coverage during their leave, must provide the

employer with written notice of their decision prior to their last day of work. Upon

the employee's return to work the employee must re-enrol into the benefit program.

The insurance company shall consider the employee a late applicant and the

employee and their dependent(s) shall be subjected to the late applicant guidelines

and restrictions (i.e. the employee/dependent{s) must submit medical evidence and

the insurance company has the right to refuse coverage).

The employee who chooses to extend the maternity leave of absence beyond the

maximum period under the Employment Standards Act must pay for the total

premium cost.

Grou RRSP- Employees on maternity or paternity leave are considered participants

within the Group RRSP program. Employer's contributions are made on behalf of the

employee's and are based on actual monthly earnings.

(g) During a period of Pregnancy or Parental Leave, the employee shall continue to

accumulate seniority. Sick leave and vacation leave credits.

(h) When an employee returns to work upon the expiry of Pregnancy or Parental leave,

he/she shall resume work in the position held immediately before the leave began or,

where that position is not available, in a comparable position with not less than the

same rate of pay the employee earned prior to the leave(s). Where an employee

becomes eligible for a pay increment or an increase in pay during the leave period, on

return to work, the employee's rate shall be adjusted accordingly.

ARTICLE 23- ACCESS TO PERSONNEL FILE

23.01 An employee shall have an opportunity to view his or her personnel file and will apply to do

so in writing to the Executive Director or designate. The employee will be allowed to view

their file within three {3) calendar working day of such request unless extraordinary

circumstances prohibit. The employee may only view their file in the presence of the

Executive Director or designate.

ARTICLE 24- RESPONSIBILITY ALLOWANCE

24.01 Where there is a management position, an employee assigned by Management to

temporarily carry out the those "responsibilities for a period in excess of four (4)

consecutive working hours, will receive the rate of pay assigned to those positions that

represents an increase from his/her current rate of pay, for the entire period of such

temporary assignment.

In choosing a qualified employee for responsibility pay, qualifications, skills shall be

considered followed by seniority.

ARTICLE 25- JOB SECURITY

25.01

(a) The employer agrees not to "contract out" any work performed by employees in the

Bargaining Unit, which may cause any employee to suffer reduced hours of work or a

layoff.

(b) Should the employer have reason to consolidate or relocate the operation, the parties

shall meet as soon as possible to discuss ways and means of minimizing the effect, if

any, upon the employees concerned. Both parties will work reasonably to a

satisfactory resolve.

ARTICLE 26- TECHNOLOGICAL CHANGE

26.01 Technological change means the introduction of equipment different in nature, type or

quantity from that previously utilized, a change, related to the introduction to this

equipment, in the manner in which The Salvation Army Florence Booth House carries on its

operations, and any change in the work methods and operation effecting one or more

employee.

26.02 The Employer shall provide the Union with at least forty-five (45) days' written notice of

any technological and/or organizational change which will result in the layoff of bargaining

unit employees, where it is reasonably able to do so. Such notice will include information

regarding the nature of the change, the dates on which the Employer proposes to effect

such change, and the impact of such change on employees.

·341Page

,fLJ.- .?i:l

26.03 The employer also agrees to discuss these changes with Union and to implement practical

ways and means of minimizing the affect, if any, upon the employee concerned.

26.04 If technological change is introduced, the following shall apply:

Employees who require time to adapt to new technology shall be given a minimum of sixty

(50) calendar days time to acquire the new skills without loss of pay or hours.

ARTICLE 27- JOB CLASSIFICATION/JOB DESCRIPTION

27.01

(a) The employer agrees to draw up job descriptions for all positions and classifications

for which the Union is bargaining agent, and present them to the Union following

ratification of the contract.

(b) Existing classifications shall not be eliminated without prior notice to the Union.

ARTICLE 28- SICK LEAVE

28.01

(a) Full time employees who have completed the probationary period shall accumulate

sick leave credits at the rate of one (1) day per month of service up to a maximum of

eighty-five (85) days.

Effective at date of ratification employee's with more than ten (10) years seniority

shall be entitled to two (2) additional sick days annually.

(b) Part time employees will accumulate one (1) day for every 160 hours worked except

for overtime hours as per Article 15.

Effective at the date of ratification, part time employee's with more than ten years

seniority shall be entitled to two (2) additional sick days annually, if they earn the ten

day.

28.02 Employees who have completed the probationary period shall be credited with sick days

accumulated as per above from the date of last hiring.

28.03 Sick leave credits used up will be deducted from the total sick leave credits accumulated by

the employee.

28.04 Sick leave credits may be used commencing on the first day of an absence. Leave may be

used and shall be granted where the employee is ill.

28.05 A ointments - Employees may use up to twenty-four (24} hours for the purpose of

attending medical and/or dental appointments per calendar year. One day sick leave credit

will be deducted when accumulated time due to appointments in a calendar year is

equivalent to one regular work day. Time away from work for appointments beyond this

limit will be unpaid. Despite this provision, employees are expected to make every effort to

ensure appointments occur outside of working hours.

28.06 Sick leave credits shall not be paid to an employee due to an injury covered under the

Workplace Safety and Insurance Act.

28.07 The Employer may require, after three (3} or more working days, a medical certificate

signed by a legally qualified medical practitioner verifying their sick leave is in accordance

with the provisions of this Collective Agreement. The Employer shall pay the full cost of

any medical certificate required of an employee. Should the Employer have reason to

believe that an employee is abusing sick leave, a medical certificate may be requested for

less than two (2} days absence.

28.08 During the month of January in each year, the employer shall notify each employee of their

accumulated sick leave credits. An employee may request an update.

28.09 During a lay-off, sick leave shall not accumulate.

28.10 Notice of absence must be given personally and directly by an employee to his/her

immediate supervisor or designate, or after hours to the On-Call person as early as possible

before their duties would normally commence.

28.11 Notice of absence must be given each shift the employee will miss, except in cases where a

medical practitioner has specified the duration of incapacity, or where the employee's

supervisor has agreed that the employee need not call before each shift.

28.12 Accumulated sick leave credits will not be paid to employees on termination of

employment.

36IPage

fi--L3c)

28.13 Where staff are unable to complete a portion of a shift due to illness there will be no

deduction from sick leave credits provided she has completed 5 hours of an 8 hour shift or

8 hours of a 12 hour shift.

28.14 Provided an employee has completed twelve (12) months of employment as of December

31, and provided he/she has not utilized more than 25% (Y.) of his/her allotted sick leave in

the current year, the employer shall provide a gift certificate to the value of $200.00 of

their choice. Employees having an absence of five (5) or more consecutive days due to

illness or injury may still be eligible for bonus benefits under this clause.

ARTICLE 29- HEALTH AND WELFARE

29.01 The employer agrees that the Group Insurance and Benefit plan shall be appropriately

applied to all staff according to the conditions laid down in the employees' "Taking Care"

benefit handbook.

29.02 It is agreed that the employer may change the carrier of the plan provided there is no

reduction in benefits, provided the employer notifies the Union of the changes and the

rationale for the changes.

29.03

(a) The employer shall be responsible for providing benefits under the aforementioned

plans. Any differences arising with respect to such plans will be disposed of in

accordance with the grievance and arbitration provisions of this agreement.

(b) As the Salvation Army currently continues the Health and Welfare benefits to the

month which employees' reach age seventy (70), the parties will meet to negotiate --·. -~~·-=~~-"--' .............. ...J:o~-: .................. +k .... .................. ! ...... ,,..,. ..... rl .... ; ..... g +h~ li+n nf +h.a r.-.ll.or+iun .dar.a.o.rn.o.nt diiY Ut'LIIIIIt:IILCII l..UIIUILIUII LU LIH:: "C:IIItJIVy..:;;r;;;; Y\..11111 1.11..:; 111r;;;; VI 1.11'10;; ..._.VIJ<;;;;\,.o'-lYr;;;; "0''-""'''"-''''-

that may come about through any changes in legislation that effect all benefits. Their

benefits shall continue uninterrupted or they shall receive 2% in lieu of benefits.

(c) Effective at ratification, upon presentation of an original receipt, the Employer shall

pay for a Vision Examination for up to One hundred ($100) dollars, every 24 months

for members only.

29.04 The Employer will be responsible for the submission of OHIP remissions that will be

deducted on behalf of all employees, from the employees' pay check. Already Agreed

29.05 Notwithstanding anything else contained in this agreement, The Salvation Army FBH shall

continue the benefits for the period of accumulated credits as herein provided relating to

sick leave, vacation and health and welfare program while the employee is either;

(a) While on sick paid leave, any unpaid sick leave of absence for eighty-five (85) working

days, it is the employer responsibility continues to pay their employees portion of the

premium.

(b) When the employee is accepted on LTD for year one (1) the employee is responsibility

continues to pay their employees portion of the premium.

(c) In year two (2) it is the employee's responsibility to assume both the employee's and

Employers' portion.

After which long term disability will apply as per the plan. When sick time ends the

employee is responsible to assume both the employees and employer's portion of the

premium;

(d) While an employee is receiving WSIB Compensation, the employer shall continue to

pay for the employee's portion of the premium; for twenty-four (24) months or as per

legislation;

(e) Part time employees are covered under the group benefit plan as outlined in the

eligibility clause in the Taking Care benefit handbook.

ARTICLE 30- RETIREMENT BENEFITS

30.01 The employer agrees to provide the group Registered Retirement Savings Plan to all eligible

employees as outlined below.

Grou Re istered Retirement Savin s Plan

Completed Years of Service Contribution Formula

2 3.00%

6 3.25%

11 3.50%

16 4.00%

21 5.00%

Over 25 6.00%

*Effective A rill 2007

Grou Re istered Retirement Savin Plan

Completed Years of Service Contribution Formula

On completion of 3 months 4.00%

probation

5 Years 5.00%

10 Years 6.00%

Matching voluntary 2.00%

contributions after Probation

10 Years 3.00%

30.02 Employee may announce their retirement with two months notice, where possible. When

the employee is no longer eligible to receive RRSP contributions at the end of the month in

which they reach seventy-one (71), the employee shall receive a cash equivalent of the

Employer percentage under the RRSP contribution level as defined in Article 30.01. RRSP

contributions made to a spousal account will not be rnatched.

ARTICLE 31- OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

31.01 The employer and the Union agree that they recognize as a first priority the employee's

right to standards of safety and health at The Salvation Army Florence Booth House in order

to prevent accidents, injury or illness. The Salvation Army Florence Booth House shall make

every reasonable effort to prevent and/or correct any situation which may compromise any

employee's health and safety. It is agreed the Occupational Health and Safety Act will be

39IPage

~((~

deemed to be part of this agreement, and The Salvation Army Florence Booth House and

the Union agree to abide by its provisions.

31.02 A Joint Health and Safety Committee (Committee) shall be continued and/or established

with a minimum of two members, at least fifty percent (50%) representation selected or

appointed by the Union from amongst the employees. The joint Health and Safety

Committee shall be co-chaired by one Union representative and one Salvation Army

Florence Booth House representative.

31.03 Such Committee shall identify potential dangers and hazards, institute means of improving

health and safety programmes and recommend actions to be taken to improve conditions

related to safety and health. The employer will respond in writing within fourteen (14)

working days to any formal recommendation of the Joint Health and Safety Committee.

31.04 The employer agrees to provide necessary and pertinent information to enable the

Committee to fulfil its functions.

31.05 Meetings shall be held quarterly or more frequently if required. Minutes shall be taken of

all meetings and copies be sent to the employer and to the Union. Time spent in such

meetings is to be considered time worked as well as one hour of paid time to prepare for

the meeting.

31.06

(a) Two (2) representatives of the joint health and safety committee, one from

management and one from the Union, shall make monthly inspections of the work

place and equipment and shall report to the health and safety committee the results

of their inspection. Wherever possible, inspections shall be carried out by workers

certified by the Workers' Health and Safety Centre. Time spent shall be considered

time worked.

(b) In the event of accident or injury, such representatives shall be notified immediately

and shall investigate and report as soon as possible to the Committee, the Union and

the employer on the nature and cause of the accident or injury and on recommended

action. Time spent shall be considered time worked.

(c) Such representatives shaH be notified of the inspection of a government inspector and

shall have the right to accompany them on their inspections. Time spent in all such

activities shall be considered time worked.

40IPage

31.07 The Union, the joint health and safety committee, and the representatives thereof, shall

have full access to accident reports and other health and safety records in the possession of

the employer, including records, reports and data provided to and by the Workplace Safety

and Insurance Board and other government agencies.

31.08 The Health and Safety Committee members must report back to their principals with

respect to any changes stemming from the Health and Safety committee for support and

approval, recognizing their mutual obligation under Article 31.01.

31.09 An employee representative on The Joint Health and safety Committee shall be eligible to

participate in training programs offered by the Workers' Health and Safety Centre (WHSC)

and/or other government approved training facility. The employer shall provide the

registration fee and paid time off for the representative to participate in this training at

their applicable hourly rate plus any premiums.

ARTICLE 32- RETROACTIVITY

*It is understood that this Article is dormant for the length of this CBA.

32.01

(a) The increases to the wages shall be effective from October 1, 2006, to all employees in

the bargaining unit for all paid hours of employment. The employer shall be

responsible to contact in writing (with a copy to the Union Office) at their last known

address, employees who have left its employ to advise them of their entitlement to

any retroactive wage adjustment within 60 days of the settlement. Any employees

who have since ceased to be employees shall have a period of sixty (60) days only

from the date of receipt of the letter in which to claim from the employer an

adjustment to their remuneration.

(b) All retroactive payments are to be made in the form of individually fully itemized

cheques to each employee within sixty (60) days of settlement for all present

employees.

32.02 The estate of an employee who dies while in the employ of the Salvation Army shall be

entitled to receive the balance of any retroactive adjustments due them.

411 Page

ARTICLE 33- MISCELLANEOUS

33.01 It is agreed that employees will have access to the Salvation Army's National

policy/program with respect to an Employee Assistance Plan.

33.02 Clothin Allowance - If clothing is damaged during the performance of the employees'

duties, the employer will reimburse up to fifty ($50.00) dollars in each occurrence.

The employer will consult with the Union on the development of the dress policy.

ARTICLE 34- DURATION

34.01 This agreement shall become effective the 1st day of October, 2012, and shall continue in

effect until the 30th day of September 2015, and thereafter from year to year unless

amended through negotiations.

34.02 Notice of intent to amend this agreement shall be given by either party to the other in

writing within a period of six (6) months prior to the expiry date and negotiations with

respect thereto shall be within fifteen (15) days after filing notice to bargain for a new

amended collective agreement.

34.03 In the event of such notification, should an agreement on the renewal or amendment of

this collective agreement not be completed prior to the expiration date referred to in

Article 34.01, this collective agreement shall be automatically extended until the

consummation of a new collective agreement.

Signed at Toronto this ;;nJ of -:J:. ..... '-UA/'1_2013.

For The Employer: For The Union:

---- - -42)Page

-:fc/~6

SCHEDULE "A" The Employer shall pay for a $300.00 signing bonus for all Full time and the Part Timer regularly

scheduled employees receives $150.00, within two pay period of ratification. The Employer

shall pay all employees 2% as of the date of ratification, and 2% on the October 1, 2013, and

2% on the October 1, 2014 increased across the board.

Current

2%

Classification Probation Start Rate

Front-Line Worker $17.02 $17.52

Counsellor $19.10 $19.67

Housing Worker $20.06 $20.66

Housekeeper/Jan it or $13.42 $13.84

October 1 2012- Se tember 30 2013

2% Increase

I Classification I Probation I Start Rate

Front-Line Worker $17.36 $17.87

Counsellor $19.48 $20.06

Housing Worker $20.46 $21.07

Housekeeper/Janitor $13.69 $14.12

431Page

,/~3c)

October 1 2013- Se tember 30 2014

2% Increase

Classification Probation Start Rate

Front-Line Worker $17.71 $18.23

Counsellor $19.87 $20.46

Housing Worker $20.87 $21.49

Housekeeper/Janitor $13.96 $14.40

October 1 2014- Se tember 30 2015

2% Increase

Classification Probation Start Rate

Front-Line Worker $18.06 $18.59

Counsellor $20.27 $20.87

Housing Worker $21.29 $21.92

Housekeeper/Jan it or $14.24 $14.69

Note: A casual employee will receive $1.00 less per hour.

LETIERS OF UNDERSTANDING

BETWEEN:

THE SALVATION ARMY FLORENCE BOOTH HOUSE

(Hereinafter referred to as "theEmployer")

OfThe First Part

. -and-

S.E.I.U. LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS UNION

(hereinafter referred to as the "Union")

Of The Second Part

.Re: Letter 1 #- Peer Su ort & Crisis Intervention Situations

The employer agrees that due to the stressful nature during the performance of the Front line

workers' duties to the following;

1. That exterior debriefing will commence as soon as possible.

2. That exterior crisis support will be available, on-site,

3. That the continuing support of the EAP program is available to the staff, the employer shall

inform them of such.

4. That if there is personai property damaged, that the employee rnust record such damage on

the Incident Report forms, and such claims shall be submitted for reimbursement to the

employer.

5. Valuables must be secured into individual locked locker provide by the Employer.

6. When death or serious accident occurs to long term clients allow for a "reflection break."

Re: Letter# 2 -Quarantine

Where the Public Health Unit and /or the Employer at Florence Booth requires that the

employee be quarantined from active employment, the Employer shall pay for those scheduled

hours minus all statutory deductions and it shall not affect the employee's sick bank.

Re: Letter# 3 - Possible conversion of the Taking Care Benefit Program to the SEIU Local 1 & 2

Benefit Trust (the Trust)

The Parties and the trust administer "Global Benefits" agree to meet to exchange information

starting March 1, 2013 and to negotiate starting September 1, 2013, for the "replicating" of the

current schedule of benefits within the Bargaining Units represented by SEIU.

Signed at Toronto this:Z3j of d "'--"" u 2013, in the City ofToronto, Ontario

For The Employer: For The Union:

<.~ \1\." 0---= ""./• i:J~