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COLLECTIVE AGREEMENT Between SHALOM GARDENS

and CLAC LOCAL 302

DURATION: November 1, 2017 – October 31, 2019

COLLECTIVE AGREEMENT Between SHALOM MANOR NON-PROFIT SENIORS ASSISTED LIVING APARTMENTS operating as SHALOM GARDENS (hereinafter referred to as "the Employer")

and NIAGARA HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 302 (hereinafter referred to as "the Union")

DURATION: November 1, 2017 – October 31, 2019

TABLE OF CONTENTS

Article 1 - Purpose .............................................................................. 1

Article 2 - Recognition And Scope ....................................................... 1

Article 3 - Management Rights ........................................................... 3

Article 4 - Union Membership And Checkoff ...................................... 4

Article 5 - Union Representation ........................................................ 6

Article 6 - Probationary Period ........................................................... 8

Article 7 - Seniority & Service ............................................................. 9

Article 8 - Layoff And Recall .............................................................. 11

Article 9 - Wage Schedules And Rates Of Pay ................................... 13

Article 10 - Hours Of Work And Overtime ........................................ 15

Article 11 - Work Schedules .............................................................. 18

Article 12 - Job Posting, Hiring And Transfers ................................... 21

Article 13 - Discharge, Suspension And Warning .............................. 23

Article 14 - Human Rights ................................................................. 24

Article 15 - Grievance Procedure ...................................................... 24

Article 16 - Arbitration ...................................................................... 27

Article 17 - No Strikes Or Lock-Outs.................................................. 30

Article 18 - Leaves Of Absence ......................................................... 30

Article 19 - Sick Leave & Personal Emergency Leave Days ................ 32

Article 20 - Maternity, Adoption And Parental Leave ....................... 35

Article 21 - Bereavement Leave ........................................................ 37

Article 22 - Jury And Witness Duty ................................................... 38

Article 23 - Education Leave ............................................................. 38

Article 24 - Workplace Safety And Insurance (WSIB) ........................ 38

Article 25 - General ........................................................................... 40

Article 26 - Vacation And Vacation Pay ............................................. 40

Article 27 - Holidays .......................................................................... 42

Article 28 - Insured Benefits ............................................................. 45

Article 29 - Retirement Plan ............................................................. 48

Article 30 - Health And Safety Committee ........................................ 49

Article 31 - Uniform Allowance ......................................................... 50

Article 32 - Duration ......................................................................... 51

Schedule “A” - Classifications And Rates Of Pay ............................... 52

Letter Of Understanding #1 .............................................................. 53

SHALOM GARDENS COLLECTIVE AGREEMENT: November 1, 2017 – October 31, 2019

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COLLECTIVE AGREEMENT

ARTICLE 1 - PURPOSE

1.01 The parties to this Agreement desire to foster and maintain a relationship among the Employer, the Union, and the employees which is in every respect conducive to their mutual well-being. The parties hereby pledge to fairly administer this Agreement as one means by which that purpose can be achieved.

1.02 It is the desire of the parties to provide compassionate care to the residents to meet their physical and emotional needs in a safe comfortable environment treating them and their families with the respect and dignity they deserve.

1.03 The parties to this Agreement agree to uphold the Christian principles as well as the Employer’s historical and traditional values.

ARTICLE 2 - RECOGNITION AND SCOPE

2.01 The Employer recognizes the Union as the sole bargaining agent for, and this Collective Agreement shall apply to, all employees of Shalom Manor Non-Profit Seniors Assisted Living Apartments operating as Shalom Gardens at 12 Bartlett Ave, in Grimsby, Ontario, including all Registered Practical Nurses and graduate Registered Practical Nurses, save and except Managers/Supervisors and persons above the rank of Manager/Supervisors, office and clerical staff.


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2.02 a. “Full-time" employee means an employee who is regularly

employed for twenty-four (24) hours or more per week on the master schedule.

b. "Part-time" employee means an employee who is regularly employed for less than twenty-four (24) hours per week on the master schedule.

c. “Casual” employee means an employee in the bargaining unit who is used to fill shift needs and said employees are not part of any master schedule. It is agreed that casual employees are expected to make a commitment to be available for at least: four (4) shifts per four (4) week schedule, including one (1) weekend per four (4) week schedule, and a minimum of four (4) paid holidays per year.

Where a casual employee has refused to work any shifts in a consecutive three (3) month period (assuming that work was offered during that time frame) s/he shall be sent a letter of expected termination. Such letter shall outline a fourteen (14) day window for the employee to contact the Home should they desire not to be terminated.

Should such casual employee respond by wishing to stay on casual, he/she will be expected to meet the above commitment level. Failure to meet this commitment level shall result in termination.

d. Where the feminine pronoun is used in this Agreement, it shall mean and include the masculine pronoun where the context so requires and vice versa.


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2.03 Supervisors or other personnel outside the bargaining unit shall not perform work normally done by employees in the bargaining unit which shall directly cause or result in a reduction in hours of work or a layoff of an employee in the bargaining unit.

2.04 In order to provide job security for the members of the bargaining unit, the Employer agrees that it will not contract out any work which is normally performed by members of the bargaining unit which would have the result of effecting a layoff or reduction in hours of work of any employees covered by the agreement.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 It is the right of the Employer to manage, control, develop and operate the Home covered under this Agreement in every respect subject only to the specific limitations set out in this Collective Agreement.

3.02 The Union agrees that it is the function and right of the Employer to:

a. maintain order, discipline and efficiency;

b. hire, classify, direct, approve, promote and lay off employees;

c. discharge, demote, suspend or otherwise discipline employees for just cause and discharge probationary employees subject to the provisions of Article 6.03b.;

d. determine the work to be done, the location, methods and schedules for the performance of such work;


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e. determine the number of employees required and the duties to be performed by each from time to time;

f. make and alter from time to time reasonable rules and regulations to be observed by the employees.

The Union reserves the right to request of the Employer consultation and/or clarification concerning any change which may occur which affects the employees under its jurisdiction.

3.03 The Employer shall endeavour to inform the Union and CLAC Representative as soon as possible in advance of all planned significant changes in work methods, supervision, number of personnel employed, layoffs, staff orientation program and the like and to give full consideration to any representations made by the committee, prior to implementing such changes.

3.04 Education & Assistance Fund The Employer shall monthly remit to the Union, together with the remittance of union dues, one cent (1¢) per hour worked for each employee in the Union’s bargaining unit. The remittance will show the number of hours worked by each employee in the month in question.

3.05 Upon written request, the Union will provide an annual report detailing the employees who have participated in the training and the details of the type of training provided to each employee.

ARTICLE 4 - UNION MEMBERSHIP AND CHECKOFF

4.01 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it, and will


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inform all new employees of the contractual relationship between the Employer and the Union.

4.02 The Union agrees that it shall make membership in the Union available to all employees covered by this Agreement.

4.03 The Employer is authorized and shall deduct per pay an amount equal to union dues from each employee's pay. Such deductions shall go into effect with the first pay of employment of an employee. The employer shall also deduct any initiation fees owing to the Union on request.

4.04 The total union dues deducted from employees will be remitted to the Union by the 15th of the following month, together with an itemized list of the employees for whom the deductions are made, their hourly rate, hours worked and the amount remitted for each. The Employer shall not deduct more than one (1) month’s dues from any one (1) paycheque of an employee. The Employer shall be saved harmless for all deductions and payments made.

4.05 Employees who cannot support the Union because of conscientious objection, as determined by the Union’s internal guidelines, may apply to the Union in writing.

4.06 The Employer will notify the union office in writing every month of the names, addresses, telephone numbers, and classifications of all new employees hired the previous month who are subject to this Agreement, as well any changes to that information provided to the Employer. This will be submitted with the dues.


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ARTICLE 5 - UNION REPRESENTATION

5.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

a. Stewards are appointed by the Union and are representatives of the employees in certain matters including the processing of grievances. When dealing with grievances, the Union shall be limited to a maximum of three (3) Stewards in the processing of such grievances. Only one (1) Steward per shift will be delegated to process a grievance.

b. It is agreed that Union Stewards have their regular duties and responsibilities to perform for the Home and shall not leave their regular duties without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld.

5.02 a. The Union has the right to appoint a maximum of two (2)

members to the Bargaining Committee. These employees shall be paid by the Employer at their regular hourly rates for all time spent in negotiating a collective agreement with their Employer, not including time spent in conciliation. It is understood that only those employees who have completed their probationary period will be appointed to such a committee. Furthermore, payment will be made only for those hours regularly scheduled.

b. The CLAC Representative may have permission to visit the premises at a mutually agreed upon time by the coordinator and/or relevant managers and the Union. Employees shall obtain permission from their immediate supervisor before


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leaving their work station to attend to Union business. Such permission shall not be unreasonably withheld by the Employer.

5.03 Labour/Management Committee a. The Employer and the Union agree to establish an active

labour/management committee. The committee shall be made up of an equal number of employees and non-bargaining unit persons (not less than two (2) of each), with one of the non-bargaining unit persons being the Home's coordinator and/or relevant managers. The committee shall keep minutes of its meetings. A copy of the minutes shall be posted in the Home and a copy shall be sent to the Union and to the Employer.

b. The committee shall meet as mutually required, on advance written request of either party, with a proposed agenda of matters for discussion. Meetings will be scheduled at mutually agreed upon times, and the employees serving on the committee shall not suffer a loss of regular earnings.

c. The committee shall discuss matters of mutual concern and may make recommendations to the Employer and/or the Union. These recommendations shall not be binding but instead, advisory in nature.

d. It is understood that such meetings will not be held more frequently than every three (3) months, unless otherwise agreed.

e. The committee is not empowered to alter or amend any of the terms of this Collective Agreement or to deal with matters that are currently a subject of the grievance procedure.


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5.04 The Union agrees that Stewards and committee members appointed by the Union shall be regular employees of the Employer who have completed at least six (6) month's continuous service with the Employer on completion of probation.

5.05 The Union and the Employer acknowledge that such employees must continue to perform their regular scheduled duties and that so far as is possible all activities of Union stewards will be carried on outside of the regular working hours of the employees concerned unless otherwise mutually arranged or otherwise provided for in this Agreement.

ARTICLE 6 - PROBATIONARY PERIOD

6.01 Newly hired employees shall serve a probationary period of three hundred and ninety (390) hours actually worked. Upon completion of the probationary period, an employee’s seniority will be back dated to his or her original date of hire.

6.02 The dismissal of a probationary employee will not be the subject of a grievance, unless such termination violates the Human Rights Code.

6.03 On or before the expiry date of an employee's probationary period, the Employer will notify the employee in writing that:

a. the employee's appointment to staff is confirmed, or; b. the employee's employment is terminated.

6.04 Where necessary, the Union and the Home may agree to extend the probationary period. If the probationary period is extended the employer shall provide written reasons to the probationary employee and the Union for the extension.


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ARTICLE 7 - SENIORITY & SERVICE

7.01 Service is the ranking of employees in accordance with their accumulated hours of work in the bargaining unit with the Employer from the employee's last date of hire calculated on the basis of one (1) month equals 156.25 hours and 1875 hours worked equals one (1) year for the purpose of wage progression.

7.02 The Employer shall maintain seniority lists and make copies available to the Union every six (6) months. If there is a concern, it should be raised by the last day of the month in which the list is posted.

7.03 An employee's seniority rights once acquired shall cease to exist and the employee shall be deemed to be terminated if an employee:

a. voluntarily quits the employ of the Employer;

b. is discharged and such discharge is not reversed through the grievance procedure;

c. utilizes a leave of absence for purposes other than those for which the leave was granted, or engages in gainful employment elsewhere while on leave of absence, or who fails to report for duty on the first (1st) day following the expiration of a leave of absence, unless the employee has obtained permission from the Employer in writing or provides a reasonable explanation satisfactory to the Employer;

d. is laid off for a continuous period of more than twelve (12) months, or fails to report for work when recalled.


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e. has been absent for two (2) consecutive working days without having notified the Employer, in which case the employee shall be deemed to have quit without notice, unless a reason satisfactory to the Employer is given;

f. retires;

g. is off work due to illness for a period of twenty-four (24) months and twenty-four (24) months in case of a compensable workplace injury (i.e. WSIB) and there is no reasonable likelihood the employee will return to work within the foreseeable future;

h. a casual call-in employee who has not worked for three (3) months is deemed to have resigned unless on an approved leave of absence;

7.04 Seniority, as determined by date of hire, will be used for determining the accumulation of time credits for each employee’s status in matters of promotion, transfer, layoff, vacation time, vacation pay, vacation scheduling preferences, call-ins and pre-scheduling of extra shift assignments under the terms of the Collective Agreement.

a. All employees shall accumulate seniority from their last date of hire, without reference to time actually worked or time actually paid and shall be expressed as the date of their first shift worked.

7.05 Seniority shall continue to accrue during:

a. approved paid leave of absence b. legitimate sick leave days of absence c. paid vacation


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d. approved Maternity/Parental leave

ARTICLE 8 - LAYOFF AND RECALL

8.01 a. In cases of layoff where it is necessary to reduce the working

force of employees, the following procedure shall apply, provided it does not prevent the Employer from maintaining a working force of employees who are qualified and suitable to do the work available.

b. For the purpose of this Collective Agreement, layoffs are defined in accordance with the provisions of the Employment Standards Act.

c. Employees shall be laid off on the basis of reverse departmental seniority provided that the remaining employees are qualified and willing to do the work available. By mutual agreement of the Employer and employees a layoff may be avoided by implementing a reduction of hours across the classification.

d. An employee within the designated affected department, as listed in the wage schedule, will be entitled to exercise their seniority rights by displacing an employee who is the least senior in a classification provided the employee is qualified, willing and able to perform the work.

e. The Employer shall give the employee concerned as well as the Union a two (2) week notice of intention to layoff.

f. It is understood and agreed that an employee does not have the right to select their shift or placement pursuant to any of these layoff procedures.


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g. The above layoff procedures do not apply to:

i. probationary employees ii. layoffs resulting from matters beyond the Employer's

control which is defined to include emergencies, fires, floods, acts of God, etc.

This Article means that probationary employees will be laid off first and recalled last.

8.02 Recall a. Laid off employees will be recalled to their department in

the reverse order of their department wide seniority provided that such employees are fully qualified and willing to do the work which is available. If an employee or the Union wishes to file a grievance about a layoff or recall, this shall be done within three (3) working days after the layoff or recall becomes effective.

b. An employee who is recalled to work after a layoff must return to work within three (3) working days if unemployed and within seven (7) working days if employed elsewhere. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee's last known address. It is the responsibility of the employee to keep the Employer informed of her current address.

c. The above recall procedures do not apply to:

i. probationary employees ii. layoffs resulting from matters beyond the Employer's

control which is defined to include emergencies, fires, floods, acts of God etc.


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This Article means that probationary employees will be laid off first and recalled last.

ARTICLE 9 - WAGE SCHEDULES AND RATES OF PAY

9.01 Employees shall be classified and paid in accordance with Schedule "A" which is attached to this Agreement and forms a part of it.

9.02 Wages shall be paid, by direct deposit, on a bi-weekly basis, on a Friday (early in the morning).

9.03 In the event of an error on an employee’s pay, the correction will be made on the pay date following the date on which the underpayment comes to the Employer’s attention. If the error results in an employee being underpaid by one (1) day’s pay or more, the Employer will provide payment for the shortfall within three (3) business days from the date it is notified of the error. If the Employer makes an overpayment of a day’s pay or less for an employee, the overpayment will be deducted on the pay date following the date that the error is discovered. If the error is in excess of a normal day’s pay, the Employer will be reimbursed based on a mutually satisfactory arrangement between the employee and the Employer.

9.04 New classifications shall be established by the Employer. Wage rates for such new classifications shall be negotiated by the Employer and the Union and if they fail to reach an agreement, they shall submit the dispute to arbitration in accordance with the arbitration procedure outlined elsewhere in this Agreement.

9.05 When the Employer temporarily assigns an employee to carry out the responsibilities of a Supervisor for a period in excess of


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one-half (½) a shift, the employee shall receive eight dollars ($8.00) for each completed shift so worked.

9.06 Where the Employer assigns an employee to orient a newly hired employee in the bargaining unit, the employee who is training will receive a premium of one dollars ($1.00) per hour and the newly hired person will receive one dollar ($1.00) per hour less than the start rate of the classification during the orientation period.

9.07 RPN RELATED EXPERIENCE Claim for recent related clinical experience, if any, shall be made in writing by the nurse at the time of hiring on the application for employment form or otherwise. Once established consistent with this provision, credit for recent related experience will be retroactive to the nurses’ date of hire. The nurse shall cooperate with the Home by providing verification of previous experience so that her related experience may be determined and evaluated during her probationary period.

It is agreed that registered nurses shall receive one (1) year wage grid movement for every year of related experience up to a maximum of the wage grid. For each one (1) year of full-time service, a registered staff will be provided an adjustment equal to one (1) step on the salary grid. For each 1875 hours paid in previous employment for part-time service shall mean one (1) step on the salary grid.

Registered staff will receive this adjustment upon hire, or if they provide confirmation within thirty (30) days of hire, retroactive to the date of hire, but if confirmation is provided


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thirty-one (31) days or more following the hire, the adjustment is effective as of the date confirmation is provided.

Related experience refers to experience gained during the last nine (9) years. If a period of more than two (2) years has elapsed since the nurse has occupied a full-time or a part-time nursing position, the numbers of increments to be paid, if any, shall be at the discretion of the Home.

ARTICLE 10 - HOURS OF WORK AND OVERTIME

The following is intended to define the normal hours of work for employees, but shall not be interpreted as a guarantee of hours of work per day or per week, or days of work per week.

10.01 a. For full-time employees, the regular hours of work shall

average seventy-five (75) hours bi-weekly with a seven and one-half (7½) hour daily shift excluding the meal period. For part-timers, the regular work week shall average less than forty-eight (48) hours bi-weekly.

b. Notwithstanding the above, as part of her regular hours of work, each nursing employee must ensure that there is continuity of care of her residents at the time of shift change-over.

10.02 a. Each employee who works the scheduled seven and one-

half (7½) hour shift shall receive a one half (½) hour unpaid meal break and two (2) fifteen (15) minute rest breaks with pay. Each employee who works less than seven and one half (7½) hours but at least five (5) hours shall receive a one half (½) hour unpaid meal break and one (1) fifteen (15) minute


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rest break with pay. Each employee who works less than four and one-half (4½) hours shall receive only one (1) fifteen (15) minute rest break with pay.

b. The lunch period and breaks in (a) above will be at times scheduled by the Employer and shall not be interrupted except in case of emergency or operational requirements. If a break or lunch period is interrupted, an additional break or lunch will be scheduled as soon as possible.

10.03 Call-in "Call-in" shall mean the calling in to work at the Employer's request of an employee on an assigned day or shift off as per posted schedule. When a person is on vacation or on a requested day off, she will not be called in.

Employees' first commitment will be their scheduled shifts according to the posted schedule as per Article 11.01. The Employer shall maintain a list of employees who wish to be available for call-in. Employees shall be listed in order of seniority in accordance with Article 7.02 of the Collective Agreement. The call-ins shall be filed based on the principles of rotational seniority. The basic principles of this rotation are as follows:

a. The initial call-in shall begin with the most senior employee on the list who would have less than seventy-five (75) hours in a bi-weekly period,

b. The subsequent call-in shall begin with the person listed below the last employee to accept a call-in,

c. If it is not clear who is next, the most senior employee will be called first.


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An employee on the list must be bypassed if and only if one of the following reasons apply:

a. the employee is already scheduled,

b. the employee would be entitled to overtime if called-in (for example, according to Article 10.04b.).

After the call-in list has been completed, the Employer may elect to first call only employees bypassed for reason “a.” and attempt to arrange a mutually agreeable schedule change. The Employer must then call employees who were bypassed for reason “b.” above in the order in which they appear on the list. The Employer may then elect to call employees who have not indicated a desire to be on the call-in list, or employees excluded from the list under paragraph 4 below.

Should there be an indication that the replacement required will be for an extended period of two (2) days or more, keeping in mind the continuity of care, those shifts will be offered to one available part-time staff member, in order of seniority.

Each call will be indicated on that part-time call-in sheet as "worked”, “no answer", "refused".

"No answer" and "refused" shall be counted as "worked” for the purpose of call-in rotation.

If an employee reports to work at the regularly scheduled time for her shift and no work is available, such employee will be entitled to four (4) hours pay at the employee's regular rate provided that:

a. the employee has not been previously notified by the Employer to the contrary;


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b. if requested by the Employer, the employee shall perform for a minimum of four (4) hours such available work as the Employer may assign;

c. the employee has kept the Employer informed of her current address and phone number.

When an employee is called in to work within one-half (½) hour of the starting time of the shift, and the employee commences work within one (1) hour of the call, the employee shall be paid as if the entire shift had been worked, provided she completes the shift for which she was called.

10.04 Overtime Overtime pay is defined as one and one-half (1½) times the straight time hourly rate and shall be paid under the following conditions:

a. must be authorized by the supervisor;

b. all employees shall receive overtime pay for all work performed:

i. in excess of seven and one-half (7½) hours per day ii. in excess of seventy-five (75) hours bi-weekly iii. in excess of seven (7) consecutive shifts.

c. There shall be no pyramiding of overtime under any of the provisions of this Agreement.

ARTICLE 11 - WORK SCHEDULES

11.01 a. The Employer will post work schedules covering a four (4)

week period at least two (2) weeks in advance. Employee


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requests for specific days off must be submitted in writing to the Supervisor two (2) weeks in advance of posting. No changes by the Employer shall be made in the schedule once it is posted without prior agreement with the employee(s) concerned.

b. Employees may exchange working days and off days with other qualified employees providing that such requests are submitted in writing to the Employer and approved by the Employer in writing. It is understood such exchange of shifts shall not be considered in the calculation of eligibility for, or payment of, overtime premiums. Shift exchanges for personal reasons shall not be questioned by the Employer, but will be at the Employer's discretion to approve. Replies to requests for exchanges or days off will be provided in a timely fashion. Shift giveaways will be considered after employees have exhausted all available float days and single vacation days, up to a maximum of five (5) shift giveaways per year.

c. The requests in (a) above shall be made on a form provided by the Employer, and must be submitted to a ‘request box’ provided by the Employer.

11.02 The Employer shall endeavour to schedule full-time employees every other weekend off. The Employer will endeavour to schedule shifts so that each part-time employee shall be scheduled at least one weekend off in a three week period. For the purposes of this Article a weekend is considered to be a Saturday and a Sunday. This Article shall not apply in cases of employees' requests or exchange of shifts by employees in accordance with Article 11.01b. For a night shift, a weekend


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shall be defined as being from 11:00 p.m. Friday to 11:00 p.m. Sunday.

11.03 No employees shall be scheduled to work more than six (6) consecutive days without being given two (2) or more days off work. For call-in purposes, no more than seven (7) consecutive shifts.

11.04 Employees shall not be required to work more than two (2) different shifts (i.e. day, evening, night) in any seven (7) day period and shall have a break of at least twelve (12) hours between shifts, unless mutually agreed otherwise.

11.05 a. For the purpose of defining weekends, holiday pay, etc., the

parties agree that the "first shift" of the day is the one that commences at or about midnight.

b. Those employees working the night shift, when the change from daylight savings time to standard time or vice versa occurs, shall be paid straight time for the exact number of hours worked during the shift.

This Article shall be waived and not binding upon the Employer in case of any emergency, such as fire and power shortage etc., which disrupt the operation of the Home, nor shall it apply to employees returning to work without notice after absence.

11.06 When an employee is "called back" after leaving the premises, she shall receive a minimum four (4) hours pay at the appropriate rate. In such circumstances, if an employee is called one (1) hour or more before she is scheduled to report for work, then the provisions of this Article shall not apply. This


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process shall not apply in the case of an employee required to work immediately prior to the commencement of her shift.

11.07 If an employee, who would not otherwise be at work, is required by the Employer to attend a staff meeting or in-service training, the employee shall be paid at her regular hourly rate, for all time spent in attendance at such meeting or training.

11.08 Part-time employees who are covered by this agreement may be requested to work more than the regular hours of work, for example, during summer months, at Christmas/New Year season, and at least on alternative paid holidays, and to replace an employee who fails to report for her scheduled shift if requested to at any of these times.

ARTICLE 12 - JOB POSTING, HIRING AND TRANSFERS

12.01 The Employer will post all permanent job vacancies and temporary vacancies of six (6) weeks and longer. The position will remain posted for seven (7) calendar days and will stipulate:

a. classification and qualifications; b. the starting date of such a position; c. expected duration of a temporary position.

12.02 Applicants must notify the supervisor in charge in writing before the end of the posting that they are interested in the vacant position. In the event two (2) or more employees apply, the Employer shall consider the qualifications, experience, and ability of the applicants. Where these factors are relatively equal, the applicant with the most seniority shall fill the vacancy. The Employer shall post the outcome of the job competition within seven (7) days of the closing date.


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12.03 An employee selected to fill a temporary position shall return to her former position without loss of seniority when the temporary position has expired. Any other employee promoted or transferred as a result of the temporary position shall also be returned to her former position without loss of seniority.

12.04 When an employee transfers to a new job classification the following shall apply:

a. if the job is a higher rated classification, the employee will receive her current rate or the start rate for the new position whichever is the greater. She will then progress through the wage rates of the classification with job classification seniority dating from the date transfer became effective.

b. if the job is a lower rated classification, the employee will receive her current rate or the top rate of the new position, whichever is the lesser.

12.05 Any employee transferred outside the bargaining unit for up to one (1) year shall, if rehired to a job within the bargaining unit, be reinstated any seniority formerly accumulated as of the date of transfer as long as the employee has been continuously employed by the Employer while outside the bargaining unit.

12.06 Vacancies of six (6) weeks or less shall be offered to employees in the same classification and unit/home area on the basis of rotational seniority, who have requested additional hours in writing, and who are not scheduled to work on the day of the vacancy. Under no circumstances shall the assignment of shifts under this provision result in overtime payment.


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Employees are required to provide their availability for additional shifts one (1) week prior to the posting of the schedule. Employees who do not provide their availability will be deemed to be unavailable for any additional shifts.

ARTICLE 13 - DISCHARGE, SUSPENSION AND WARNING

13.01 The Employer shall provide the employee with two (2) copies on any written warning affecting the employee. Any written reply by the employee shall become part of their record. It shall be up to the employee to give a copy to the Union. The Union shall receive a copy of any notice relating to suspension or discharge of any bargaining unit employee. Letters of reprimand (verbal or written warnings) shall be removed from an employee’s disciplinary file after twelve (12) months from the date of discipline provided that the employee remains discipline free during this period.

Records of suspension shall be removed from an employee’s disciplinary file after twenty-four (24) months from the date of discipline provided that the employee remains discipline free during this period.

Notwithstanding the above, discipline related to third party interactions shall remain in the employee’s file.

13.02 Within five (5) workdays following a warning, suspension or discharge, the employee involved, provided she has completed the probationary period, may together with the Union Representative discuss with the Employer the reasons for the warning, suspension or discharge. Within five (5) workdays following this discussion, the employee may submit a written grievance at Step 2 of the grievance procedure.


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13.03 An employee subject to suspension, discharge or written warnings shall have the right to the presence of a Union steward or Union Representative at the time the disciplinary action is taken in writing and during the investigation, if she so chooses. Where reasonably possible and without interruption of resident care, disciplinary meetings will be scheduled when a steward is scheduled to work. If no Union steward is available another Union member may be used as a substitute.

ARTICLE 14 - HUMAN RIGHTS

14.01 The Union and the Employer agree that they are bound by the terms of the Human Rights Code as it may be amended from time to time.

14.02 In regard to workplace harassment as set out in the Code, the parties are agreed that any employee who believes she or he has been harassed contrary to the terms of the Code’s provisions, shall first follow the complaint, grievance and arbitration procedures set out in this Collective Agreement.

ARTICLE 15 - GRIEVANCE PROCEDURE

15.01 a. The grievance procedure herein provided for is among the

most important matters in the successful administration of this Agreement. The Employer and the Union therefore agree that the designated grievance procedure as hereinafter set forth shall serve as the means to be utilized by the grievor for the prompt disposition of a grievance arising in respect to the interpretation, application, administration or alleged violation of this Agreement, and the grievance procedure shall be strictly followed, unless


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otherwise mutually agreed by the parties. Wherever the term "grievance procedure" is used in this Agreement, it shall be considered as including the arbitration procedure. At no time may an employee, or a group of employees, file a grievance on behalf of another employee.

b. Unless indicated otherwise, wherever the word “days” is used in this Article, it shall be deemed to exclude Saturdays, Sundays and Holidays,

15.02 The parties to this Agreement recognize the Stewards and the CLAC Representatives as the agents through which employees may process their grievances.

15.03 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement.

15.04 A "Group Grievance" is defined as a single grievance, signed by a Steward or a CLAC Representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a group grievance.


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15.05 A "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. When submitted by the Employer, it can relate to the conduct of the Union, its Representatives or Steward. A Policy Grievance may be submitted by either party to arbitration under Article 26, by-passing Steps 1 or 2. A Policy Grievance shall be signed by a Steward or a CLAC Representative, and submitted to the Employer's representative and its head office. In the case of an Employer's policy grievance, the grievance shall be signed by the Employer or his representative.

15.06 Any employee who has a complaint will discuss the same with her immediate supervisor within five (5) days from the time the circumstances giving rise to the complaint occurred. It is understood that an employee has no grievance until the matter has been referred to her immediate supervisor and an opportunity given to resolve the complaint. The supervisor will reply within five (5) days. If the reply from the supervisor is not satisfactory to the employee, she may proceed to the procedure outlined in Article 15.07. The employee may be accompanied by a Steward, if the employee so desires.

15.07 a. Step 1

If the complaint cannot be settled to the employee's satisfaction as outlined in Article 15.06, the employee or a Union Steward, or a CLAC Representative shall present her grievance, in writing (giving the facts surrounding the grievance, the section or sections of the Agreement claimed violated, the relief requested) accompanied by her Steward if so desired, to the Supervisor within five (5) days from the time the discussion as described in Article 15.06 took place.


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The parties shall meet to discuss the grievance within three (3) days of the written grievance being filed. The Supervisor shall notify the grievor and the Union Steward of her decision in writing within three (3) days following said meeting.

b. Step 2 If the grievance is not settled under Step 1, a CLAC Representative may within five (5) days of the decision under Step 1, or within five (5) days of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the CLAC Representative of his decision in writing within three (3) working days following said meeting.

15.08 Any time limit as defined above may be extended by mutual agreement of the parties.

ARTICLE 16 - ARBITRATION

16.01 If the parties fail to settle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration.

16.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen days after receiving the decision given at Step 2 of the Grievance Procedure.

16.03 a. The party initiating the arbitration shall include in its notice

under Article 16.02 the name of its nominee to the


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arbitration board. The other party shall furnish the name of its nominee to the arbitration board within seven (7) days of receipt of notice of desire to arbitrate, and the two (2) parties shall jointly select a chairperson. If they are unable to agree within seven (7) days following the appointment of the second nominee, then either party may request the Minister of labour to appoint a chairperson.

b. Nothing in this Article prevents the parties from mutually agreeing to the use of a sole arbitrator. Where this is the case, all provisions of this Article shall equally apply to a sole arbitrator.

16.04 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as chairperson of an arbitration board or as a sole arbitrator.

16.05 The decision of a majority is the decision of the arbitration board but if there is no majority, the decision of the chairperson of the arbitration board governs.

16.06 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally, by email to the email address of the other party’s primary contact, or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service.

16.07 If a party fails to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with this Article, the party not in default, shall appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties.


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16.08 The arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with time limits set out in the Articles dealing with grievance and arbitration procedures, where it appears that the default was due to a reliance upon words or conduct of the other party.

16.09 The arbitration board or a sole arbitrator is to be governed by the following provisions:

a. The arbitration board shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon the employee or employer affected by it;

b. The arbitration board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations;

c. The arbitration board shall not have the power to alter or amend any of the provisions of this agreement;

d. The parties and the arbitrator shall have access to the Employer's premises to view working conditions or operations which may be relevant to the resolution of a grievance.

e. Where the arbitration board is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the board may substitute a penalty which is in its opinion, just and equitable;


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f. The arbitration board shall determine the real issue in dispute according to the merits and shall make whatever disposition it deems just and equitable;

g. The arbitration board shall have jurisdiction to determine whether a grievance is arbitrable;

h. Each of the parties shall pay one-half (½) of the remuneration and expenses of the Chairperson of the arbitration board.

16.10 Notwithstanding the arbitration procedure outlined above, a grievance after the second step of the grievance procedure may be referred to the Ontario Labour Relations Board for expedited arbitration under the provisions of the Labour Relations Act.

ARTICLE 17 - NO STRIKES OR LOCK-OUTS

17.01 In view of the orderly procedure established by the agreement for the settling of disputes and the handling of grievances, the parties agree that, during the lifetime of this Agreement, and while negotiations for a renewal agreement are taking place, the Union shall not permit or encourage any strike, and the Employer shall not lock out any of its employees.

17.02 The words "strike" and 'lock-out" as used herein are agreed to have the meanings defined for these words in the present the Ontario Labour Relations Act of R.S.O. 1980 as amended.

ARTICLE 18 - LEAVES OF ABSENCE

18.01 The Employer shall grant or deny a leave of absence without pay provided that the Employer receives at least four (4) weeks


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advance notice in writing (except in emergency situations) and that such leave may be arranged without undue inconvenience to the normal operations of the Home. When applying for a leave of absence, the employee must notify the Employer of the date of departure and the date of return. The employee's request for a leave of absence and the Employer's response to the request shall be in writing within two (2) weeks of receiving the request. The granting of a leave of absence shall be at the discretion of the Employer, but this discretion shall not be unreasonably exercised.

No leave shall be granted for a period greater than twelve (12) months.

18.02 Employees who are on leave of absence will not engage in gainful employment elsewhere. An employee who violates this rule may be dismissed by the Employer.

18.03 An employee who overstays her leave of absence shall be considered to have terminated employment, unless she has obtained permission from the Employer in writing or provided an explanation satisfactory to the Employer.

18.04 To qualify for leave of absence as stipulated above the employee must have completed one (1) year of employment with the Employer.

18.05 Unless stated otherwise in this Agreement, an employee on leave of absence shall not receive or accrue any benefits.

18.06 Employees on such leave of absence will accrue benefits only to the end of the month in which the leave of absence commences. Benefits will commence to re-accrue and be paid


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from the date of return to employment following such leave of absence.

18.07 Requests for leaves of absence shall be for good and sufficient reasons.

ARTICLE 19 - SICK LEAVE & PERSONAL EMERGENCY LEAVE DAYS (Full-time Employees Only)

19.01 Pay for sick leave is for the sole and only purpose of protecting employees against loss of income when they are legitimately ill or in situations covered under the Emergency Leave Provisions under the Employment Standards Act, and will be granted to full-time employees on the following basis provided sick leave credits are available:

a. After completion of the probationary period, each employee shall be credited with one and one-half (1½) paid sick day credits. One (1) sick day credit equals seven and one-half (7½) hours. Payments for sick days shall commence with the first day of sickness and shall be equal the employee's normal hourly wage (exclusive of overtime, premiums etc.).

b. Additional sick day credits shall accumulate for employees at the rate of one-half (½) of one sick day credit for each one hundred and fifty-six and one-quarter (156.25) hours worked.

i. One-half of the accumulated unused sick bank balance during the calendar year shall be paid out. The remaining balance will be placed into a reserve sick bank as outlined below.


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ii. One-half of the accumulated unused sick bank will be carried over into a separate bank which can accumulate to a maximum of ten (10) days. Should an employee not have access to sick pay entitlement in the current calendar year, they will be able to access the days they have accumulated in this bank.

c. An employee who is ill on days when she is scheduled to work for the Employer will be paid by the Employer for scheduled time missed for such illness beginning with the first day of such illness, and such payment shall be deducted from her accumulated sick day credits, on completion of the sick claim form.

d. An employee off work due to illness and entitled to sick pay shall not receive pay for more sick days during any pay period than the normal number of days she would have worked during that period.

e. An employee off work due to illness and entitled to sick pay shall not engage in any gainful employment during the time she is off work. If this does occur she shall be deemed terminated with just cause unless the employee's other work assignment was known and approved by management.

f. All employees who become ill during working hours shall be paid sick pay for the balance of her scheduled shift.

g. An employee who has a scheduled doctor’s appointment may use up to one (1) sick day per year to cover the time lost while away from work. The employee will provide a doctor’s note upon request of the Employer.


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h. An employee who is seriously ill while on vacation and provides a doctor’s note explaining the illness will be allowed to reschedule her vacation at a later mutually agreed upon date.

19.02 If an employee is absent from work because of an injury that is compensable under the Workplace Safety and Insurance Act, she shall not lose any accumulated sick days.

19.03 No sick leave shall be paid if a third (3rd) party is paying income allowance (e.g., Workplace Safety and Insurance, insurance pay for injuries suffered in an automobile accident). However, an employee may use accumulated sick days if insurance payments are held up due to a dispute. When such a dispute is resolved in favour of the employee, she shall repay the Employer and be credited again for the sick days used.

19.04 Sick leave benefits will not accrue while the employee is on an unpaid leave of absence.

The following applies to all employees in the bargaining unit:

19.05 If an employee is unable to report for work, she shall give the Employer a minimum of four (4) hours’ notice. In case of day-shift work, this time element shall be at least one and one-half (1½) hours prior to the commencement of the shift.

19.06 An employee who is off work due to illness or injury for a short term must inform the Employer at least eight (8) hours in advance of the scheduled shift that she will return to work. In case of a long-term absence, she must inform the Employer at least twenty-four (24) hours in advance of her scheduled shift. Short-term absence in this Article shall mean one (1) to four (4) days. Long-term absence in this Article shall mean five (5) days


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or longer. Failure to give adequate notice, as outlined above may result in the Employer refusing to allow the employee to work for that shift.

19.07 The Employer may request proof of disabling accident or sickness reasonably acceptable to the Administrator for any absences in excess of two (2) days.

19.08 An employee may be required, after any absence due to illness or injury of three (3) or more days, to furnish to the Employer a certificate of a legally qualified medical practitioner stating that the employee is able to resume her full duties.

ARTICLE 20 - MATERNITY, ADOPTION AND PARENTAL LEAVE

20.01 The following in part reflects the provisions of the Employment Standards Act on these matters. In all cases of dispute and where the Act as amended from time to time is superior, the provisions of the Act will prevail.

a. An employee who is pregnant is entitled to a leave of absence without pay of up to seventeen (17) weeks. The employee must have been in the employ of the Employer for at least thirteen (13) weeks to qualify for the leave.

b. The employee shall normally give the Employer written notice at least two (2) weeks in advance of the intended date of commencement and completion of the leave. In the case of pregnancy, the employee will provide the Employer with a medical doctor's statement of the estimated date of delivery.

c. Where an employee intends to change notice of commencing maternity or parental leave, she shall give the


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Employer at least two (2) weeks’ written notice in advance. To change the notice of ending maternity or parental leave, an employee must file written notice of at least four (4) weeks’ notice. Where the actual day of delivery is later than the expected date of delivery, the leave of absence shall not end before the expiration of six (6) weeks following the actual date of delivery. Maternity leave may be extended beyond the seventeen (17) week period when recommended by a medical doctor.

d. Employees are entitled to a parental leave without pay of up to eighteen (18) weeks provided that the employee has been employed with the Employer for a period of at least thirteen (13) weeks at the time her child is born or comes into custody. If the employee has taken pregnancy leave in respect of the child, parental leave must start at the end of the pregnancy leave, unless the child is not yet in custody and care. In all other cases, parental leave must begin within thirty five (35) weeks of the child's birth or transfer into the employee's custody.

20.02 While employees are on such leaves of absences, the Employer must continue to make Employer contributions to benefit plans as defined by the Employment Standards Act unless the employee has advised the Employer, in writing, that she does not wish to continue to make the employee contributions (if any) to such plans. Employees will accrue seniority throughout the maternity and parental leaves in accordance with the Employment Standards Act. Upon reinstatement to work, employees shall be reinstated to her position or comparable position with the wage she would have earned had they worked through the leave.


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20.03 Such absence is not an illness under the interpretation of this Agreement and accumulated sick leave credits cannot be used for this purpose.

ARTICLE 21 - BEREAVEMENT LEAVE

21.01 An employee who has completed the probationary period will be granted compassionate leave for the purpose of making funeral arrangements, attending the funeral or a memorial service or grieving and being with the family at the time of mourning, on the following basis:

a. Up to five (5) consecutive calendar days for spouse, son, daughter, mother or father;

b. Up to three (3) consecutive calendar days for brother, sister, mother-in-law, father-in-law, grandparent of employee or employee’s spouse, son-in-law, daughter-in-law, grandchild, brother-in-law, or sister-in-law;

c. One (1) day for any other person for whose physical and financial care the employee is responsible.

d. An employee who has not completed the probationary period shall be granted a leave of absence, however, such leave shall be without pay.

21.02 The bereavement leave shall commence no earlier than the date of death and shall end no later than the day following the funeral. Where additional compassionate leave is required, an unpaid leave of absence will be granted upon request.

21.03 Bereavement pay shall apply only to days on which the employee would otherwise have been at work.


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21.04 An employee shall not receive pay when already receiving holiday pay, vacation pay, or sick pay. If an employee attends the funeral of a member in the immediate family (as specified in Article 21.01) while being on sick leave, the bereavement leave will not be charged against accumulated sick leave.

ARTICLE 22 - JURY AND WITNESS DUTY

22.01 An employee serving as a Juror will receive the difference between her jury duty pay and her regular pay for lost time while serving in this capacity subject to a maximum amount equivalent to ten (10) days’ pay. The employee will present proof of service and receipt for jury duty pay received.

ARTICLE 23 - EDUCATION LEAVE

23.01 a. An Employee may apply for leave of absence without pay (in

accordance with the provisions of Article 17) to attend workshops, seminars, and courses which are employment related.

b. The Employer shall grant two (2) days leave of absence, without pay, per calendar year to a maximum of five (5) Stewards for the purpose of attending steward courses and seminars, provided such leave may be arranged without undue inconvenience to the normal operations of the Home. The Union will make every effort to provide the Employer with one (1) month's advance notice.

ARTICLE 24 - WORKPLACE SAFETY AND INSURANCE (WSIB)

24.01 Where an employee is absent due to illness or injury that is compensable by WSIB, the following shall apply:


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a. The Employer shall continue to pay his share of the premiums of any and all health and welfare benefits for the month in which the absence commences and for the following twelve (12) months, provided the employee first remits her share of the benefit premiums to the Employer.

b. Subsequent to the period referred to in (a) above, benefit coverage may be continued by the employee, providing the employee pays the total cost of the premiums to the Employer for each monthly period during the absence. Employees must submit the premiums by the fifteenth (15th) of the prior month to the Employer or the Employer will drop coverage and the employee will not be entitled to insurance coverage until she returns to work.

c. An employee will not be eligible for paid holidays, sick leave, uniform allowance or any other benefit during any absence covered by WSIB.

d. If the anticipated length of an absence due to a compensable accident is of six (6) weeks’ duration or more, the Employer will post notice of the vacancy in accordance with the job-posting procedure in this Agreement. An injured employee shall have a period of two (2) years within which she shall retain seniority; within these two (2) years she shall have the right to return to work, but only if her doctor indicates to the Employer that she has the physical capacity to fully perform her normal job.

e. If an employee returns to work within a two (2) year period, she shall regain her former job or its equivalent without loss of seniority pursuant to Article 7.03h. or benefits accrued to the date of injury. In such a case, the returning employee


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will displace the employee with the least seniority in the department to which the former is returning.

f. If an employee returns to work under the modified work program, such return to work shall be considered a continuation of her current period on WSIB.

ARTICLE 25 - GENERAL

25.01 An employee shall not be required to transport residents in her personal vehicle.

25.02 The Union will arrange printing of the Collective Agreement and will share equally with the Employer any cost of printing.

25.03 There shall be no pyramiding of payments or benefits.

ARTICLE 26 - VACATION AND VACATION PAY

26.01 Employees shall be entitled to vacations according to the following schedule:

Period Worked Time Off Vac Pay

Less than 1 yr 1 day per calendar month worked to a

max of 10 4%

1 yr but less than 3 yrs 2 weeks 4%

3 yrs but less than 8 yrs 3 weeks 6%



Years of service shall be based on date of hire.


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26.02 Employees will be given their earned number of vacation weeks on a calendar basis running from January 1st to December 31st of each year. Vacation time entitlement for that year and subsequent years will be pro-rated based on your anniversary date with the Employer.

26.03 Employees will be requested to record their vacation schedule preferences on a sheet to be posted from January 15th to February 15th of each year. For employees who are eligible for more than two (2) weeks of vacation, they will be able to utilize one week in single vacation days. The number of single vacation days shall be determined by the employee’s normal scheduled hours as evidence by the Master Schedule. The Employer shall arrange vacation dates, taking into account weeks over single day requests, the seniority of employees, work load requirements and employee preferences, provided the employees make such request on or before February 15th. Depending on the availability of staff, the Employer may limit summer vacation time to no more than two (2) consecutive weeks during the period from June 15 to September 15. (These two (2) weeks, including two (2) weekends can be taken from Saturday to Friday or Monday to Sunday. The remaining vacation time can be taken any other time, except between Christmas and New Year, as agreed with the Supervisor.) The final posting of such requests is to be made by April 1st of the same year. This schedule shall not be changed except with the consent of the Employer and the employee(s) affected. Requests received after February 15th, shall be dealt with regardless of single day or week request, or seniority, on a “first come, first served” basis.


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It is understood that the use of single vacation days cannot be requested to consistently alter the normal schedule for an employee.

26.04 Vacation pay will be paid out to employees when they take their vacation, provided they have funds available from their prior year’s accrual. Vacation pay accruing in the current year will be used for vacation time off in the following year. If in the following year an employee does not use up their accrued vacation, the amount will be paid out on the 2nd pay in January of the subsequent year.

The amount of vacation pay paid out during vacation time off shall be in accordance with the employee’s Master Schedule.

26.05 Employees may request, in writing, giving two (2) weeks’ notice one (1) advance draw per year from their previous accumulated vacation pay.

26.06 When an employee's employment is terminated for any reason, full payment for vacations earned but not taken shall form part of such employee's termination pay.

26.07 Casual employees will be paid any earned vacation pay on the second (2nd) pay period in January.

ARTICLE 27 - HOLIDAYS

27.01 a. All full-time employees shall be entitled to the following

holidays paid in accordance with the Employment Standards Act:


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New Year's Day, Family Day, Good Friday, Victoria Day, July 1st, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day.

Eligibility and payment of the above holidays shall be in accordance with the Employment Standards Act provisions.

For part-time staff see Article 28.05.

b. All full-time employees who have completed probation shall be entitled to two (2) float holidays to be taken between January 1 and December 31 of the year. Any days not used during the calendar year will be paid out on the second (2nd) pay date in January (of the following year).

27.02 All employees who work on a paid holiday (as outlined in 27.01a.) shall be paid at the rate of one and one-half (1½) times the regular hourly rate for each hour worked.

When a full-time employee works a statutory holiday, she may choose a lieu day within a sixty (60) day period after the holiday with the mutual agreement of management. If no agreement is reached, the employee will be automatically paid for the statutory holiday. In either case payment shall be in accordance with the Employment Standards Act.

27.03 Employees entitled to a float day or a lieu day, according to Articles 27.01 and 27.02 above, must request the day two (2) weeks before the time which they wish to take their holiday. The request must be in writing on a form provided by the employer, and be submitted to the Supervisor.

27.04 For full-time employees, if a paid holiday occurs on an employee's regular day off or during the employee's vacation


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period, the employee will receive an additional day's pay or exercise the in lieu option as under Article 27.02.

27.05 a. An employee shall not be entitled to holiday pay unless she

reports for work on her last scheduled shift before the holiday and on her first scheduled shift after the holiday. This restriction shall not apply if the employee is excused in writing by her supervisor, or if she is ill on one of the qualifying days and produces an appropriate doctor's certificate or if she has done an approved shift exchange with another employee.

b. No employee shall be entitled to holiday pay and sick leave on the same day. If an employee is ill on a holiday, she shall only receive holiday pay. If an employee is absent on a paid holiday when scheduled to work, she shall forfeit all pay for the day unless such absence is due to illness or injury. The Employer may require an appropriate medical certificate to substantiate such illness or injury. No employee on a paid leave of absence or on WSIB shall be entitled to Holiday Pay while on such leaves.

27.06 Employees may be assigned to work either Christmas Day and Boxing Day or New Year’s Eve and New Year's Day, but not on both these holidays, unless the employee wishes to do so. All employees shall be scheduled to work either Christmas Day and Boxing Day or New Year's Eve and New Year’s Day alternately on a yearly basis unless otherwise requested. The Employer agrees to post a list in each department, allowing each employee to indicate her preference. Approval shall be based on seniority and the staffing requirements of the Home. During


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the holiday season, the Employer, if reasonably possible, shall continue to grant shift exchanges.

ARTICLE 28 - INSURED BENEFITS

28.01 The Employer agrees to contribute the specified amount of the premium cost at the single or family rate for the following group insurance plans for full-time employees who have completed their probationary period:

Group Insurance Plan The Employer agrees to pay one hundred percent (100%) of the premium cost of the following insurances for all eligible employees.

a. Life Insurance The Life Insurance coverage for eligible employees is a group life insurance coverage equivalent to twenty five thousand dollars ($25,000). Benefits for dependent’s spouse is five thousand dollars ($5,000); benefits for dependent’s children is two thousand five hundred dollars ($2,500).

b. Accidental Death and Dismemberment The Accidental Death and Dismemberment insurance coverage for eligible employees is twenty-five thousand dollars ($25,000).

For further details refer to the Empire Life booklet available online.

28.02 Medical Plan The Employer agrees to pay fifty percent (50%) of the premium cost of the following insurances for all eligible employees.


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a. Extended Health Services The deductible is zero dollars ($0) for a single person or per family, based on effective date of coverage. Co-insurance for Extended Health Care Benefits is one hundred percent (100%). Co-insurance for prescription drugs will be at ninety percent (90%) and can be increased to ninety-five percent (95%) if a preferred provider dispenses the prescription drugs

b. Dental Plan The deductible is zero dollars ($0) for a single person or per family. Co-insurance for dental plan benefits is one hundred percent (100%).

c. Out of Province/Country Plan Overall maximum is five million dollars ($5,000,000) lifetime.

d. Vision Care Vision care benefits are available for an amount of two hundred dollars ($200.00) per twelve (12) months for persons under age eighteen (18) and for persons over eighteen (18), this will be two hundred ($200.00) every twenty-four (24) months. Additionally, a $50.00 benefit is available for eye examination every twenty-four (24) months.

Effective November 1, 2018, vision care will be increased to two hundred and fifty dollars ($250.00).

For complete details, refer to the Empire Life booklet.

28.03 Benefit coverage or cost sharing changes under the following conditions:


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a. Employees on authorized leaves of absence due to illness or accident shall be responsible for the full cost of all benefits after ninety (90) days of absence. Benefits will continue for one full year for employees in receipt of WSIB compensation as a result of an accident while in the employ of the Employer.

b. Employees on leaves of absence for personal reasons shall have access to continuation of benefits, for up to three (3) months, and be responsible for the full costs of all benefits while on the leave of absence.

c. Employees laid off on a temporary basis (but not exceeding twelve (12) months) shall cease to qualify for benefits at the end of the calendar month in which she/he is laid off. However, said employees may choose to continue coverage of all benefits, for up to three (3) months, at their expense so long as said employee does not become employed elsewhere.

d. Employees on pregnancy or parental leave shall have continued coverage during their authorized leave for the Group Insurance Plan (Article 28.01). Coverage for the Pension Plan and the Medical Plan will continue during the authorized leave for a period of up to eighteen (18) months, provided the employee will continue to contribute her/his share of the premium cost.

28.04 Age 65 and Beyond a. Employees who continue to be employed at 65 to 69 years

of age shall be eligible for all the benefits in this Article except Life Insurances and Accidental Death


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Dismemberment (coverage reduced by 50%) and excluding Long Term Disability.

b. Employees who continue to be employed at 70 years of age shall automatically receive in-lieu premium as per Article 28.05, unless the carrier elects to provide otherwise.

28.05 In-Lieu Premium There shall be an in-lieu premium for all part-time staff of eight and a half percent (8.5%) (inclusive of sick leave and ESA emergency leave days, health and welfare benefits, and holiday pay).

ARTICLE 29 - RETIREMENT PLAN

29.01 a. The Pension Plan is a co-contributory RRSP/DPSP with three

percent (3%) of wages deducted from the employee and three percent (3%) paid by the Employer for a total of six percent (6%) of wages. Pension Plan effective date will be one year after successful employment.

Effective November 1, 2018 the pension contributions for enrolled employees shall increase to four percent (4%) matching contributions, unless an employee elects to stay at three percent (3%).

b. Where legislation or the Plan prohibits an employee from contributing to the Plan because of age, an amount equivalent to the deductions in Article 29.01 a. will be directed to the employee’s wages.


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ARTICLE 30 - HEALTH AND SAFETY COMMITTEE

30.01 The Employer and the Union agree that they mutually agree to maintain standards of safety and health in the facility in order to prevent injury and illness.

30.02 One (1) employee from within the bargaining unit shall be nominated as a Health and Safety Representative. This position shall be posted by the Union. The elected Representative, who must have completed the probationary period, will serve as a member of the Shalom Manor Health and Safety Committee.

30.03 A Joint Health and Safety Committee shall be continued with at least fifty percent (50%) of its membership representative of the bargaining unit.

30.04 The Committee will assist wherever possible in the promotion of safe work practices, identify and communicate to employees and the Employer potential hazards and recommend methods of improving accident prevention programs.

30.05 The Committee shall endeavour to meet at least every three (3) months and more frequently as the need arises. Scheduled time spent in such meetings is to be considered time worked. Minutes shall be taken of all meetings and copies shall be provided to the Employer and Committee members

30.06 One (1) or more Committee-appointed representative(s), on a rotating basis, shall make monthly inspections of the workplace and equipment and shall report to the Joint Health and Safety Committee the results of the inspection.

30.07 In the event of serious injury, a Committee-appointed representative shall be notified as soon as possible and shall


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investigate and report to the Committee and the Employer on the nature and causes of a serious accident, or such potentiality, and recommend corrective action.

30.08 Committee representatives must be notified of an inspection by a Ministry of Labour inspector and shall have the right to accompany her on her inspection. Scheduled time spent in all such activities shall be considered time worked.

30.09 The Joint Health and Safety Committee members shall have access to the annual summary of data from the WSIB relating to number of work accident fatalities, the number of lost time accidents, the number of lost workdays, the number of accidents that required medical aid without lost time, the incidence of occupational injuries and such other data as the Workers’ Compensation Board may decide to disclose.

30.10 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all accident prevention policies and procedures.

30.11 Prior to implementing new accident prevention policies and procedures, they will be discussed at the Committee level and copied to the Union.

ARTICLE 31 - UNIFORM ALLOWANCE

31.01 Where uniforms are required, employees shall be given a uniform allowance on each paycheque by the Employer as follows:

a. Full-time - $6.50/ bi-weekly on the employee’s paycheque b. Part-time - $3.25/ bi-weekly on the employee’s paycheque


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ARTICLE 32 - DURATION

32.01 This Collective Agreement shall be in effect upon ratification and shall remain in effect from November 1, 2017 to October 31, 2019, and for further periods of one (1) year, unless notice shall be given by either party, of the desire to delete, change or amend any of the provisions contained herein, within the period from ninety (90) days prior to the renewal date. Should neither of the parties give such notice, this Agreement shall renew for a period of one (1) year.

DATED at ____________, ON, this ___ day of ____________, 20____ Signed on behalf of SHALOM MANOR NON-PROFIT SENIORS ASSISTED LIVING APARTMENTS operating as SHALOM GARDENS Per _____________________ Per _____________________ Signed on behalf of NIAGARA HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 302 Per _____________________ Per _____________________


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SCHEDULE “A” CLASSIFICATIONS AND RATES OF PAY

Nov 1/16 Nov 1/17 Nov 1/18

RPN Start $22.89 $23.12 $23.35

525 $23.45 $23.68 $23.92

1875 $24.00 $24.24 $24.48

3750 $25.11 $25.36 $25.61

PSW/HCA Start $15.66 $16.05 $16.45

525 $15.94 $16.34 $16.75

1875 $16.50 $16.91 $17.34

3750 $17.05 $17.48 $17.91

Housekeeping Start $14.55 $14.91 $15.29

525 $14.82 $15.19 $15.57 1875 $15.39 $15.77 $16.17

3750 $15.94 $16.34 $16.75

Night Shift Premium – forty cents (40¢) per hour.


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LETTER OF UNDERSTANDING #1 Between SHALOM MANOR NON-PROFIT SENIORS ASSISTED LIVING APARTMENTS operating as SHALOM GARDENS and NIAGARA HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 302

RETIREMENT

By July 1, 2018 the Employer agrees to embark on a tendering process with respect to the retirement vehicle for staff. CLAC shall be afforded an opportunity to make a presentation and be considered under such process. A committee shall be created for this process which shall be comprised of an equal number of management and employee representatives. Such employee representatives shall be properly nominated and elected by the Bargaining Unit. The Union shall coordinate such election. After hearing all presentations, the majority of the committee shall determine which retirement vehicle is the successful organization. It is understood that the overall Employer costs will not exceed the current costs (i.e. 4% contribution) unless approved by the CEO. Any change shall be effective January, 2019.


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DATED at ______________ , ON, this _____day of _________, 20___ Signed on behalf of SHALOM MANOR NON-PROFIT SENIORS ASSISTED LIVING APARTMENTS operating as SHALOM GARDENS Per _____________________ Per _____________________ Signed on behalf of NIAGARA HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 302 Per _____________________ Per _____________________

clac.ca/myCLAC

GRIMSBY MEMBER CENTRE 89 South Service Rd PO Box 219 Grimsby, ON L3M 4G3 T: 905-945-1500 TF: 800-463-2522 F: 905-945-7200 [email protected] CLAC RETIREMENT 1-800-210-0200 CLAC BENEFITS 1-800-463-2522

CLAC TRAINING 1-877-701-2522 CLAC JOBS 1-877-701-2522

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