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ARTICLE 1 - PURPOSE .... ......................................................... ......... ........................... 1 ARTICLE 2- RECOGNITION ............. ..... .. ......... ...................... ............... .......... .. ......... .. 1

~ ARTICLE 3- CHECK-OFF OF UNION DUES .......... u .......... .,.H .... .. .. . ......... u···n · ··· ···· H·· 1 ARTICLE 4- MANAGEMENT RIGHTS ....... .... ..................................................... .. ....... 2 ARTICLE 5- DISCRIMINATION/HARASSMENT ......................... ... ....... ... ............... ...... 2 ARTICLE 6- UNION REPRESENTATION .... ..................................................... : ........... 3

Employee Representatives ............ .. .................................................... ..... .... .. ............ 3 Grievance Committee .. .... ..... .. ........ .... ...... .... ...... ... .. .. ......... ...... .... .................. ........ ..... 3 Negotiating Committee .............................................. .............................. ..................... 3 Labour/Management Committee .. ............................................................ .. ... .. ............ 3 Heal·th & Safe!)( .. .. ..... ....... ............... ........................................ .. .......... ............ ............ 4

ARTICLE 7- NO STRIKES OR LOCKOUTS .. .............. ....... ...................... ..................... 4 ARTICLE 8- GRIEVANCE PROCEDURE. .. ................... ................................................ 4

Complaint Stage ........ ...................................... .. ...... ...... ....................... ......... ..... .... ..... 4 Step 1 Step 2 8.02 8. 03 8.04

.......... ... .... ... ....... . .. ............... .... . . . .. ............... . ............ .. ... ...... .... .. 4

........ .. ... ........ ..... .. ........ . ....... . .... ... .... ... . .................. ... . ... .. .... ...... .. 5 Time Limits ...... ....................... ........................................................... ........ .... 5 Group Grievances ............. ........ .. .... : ... .................... .............. ........................ 5 Policy Grievance ................................... ......... .................... ......... .. .. .............. 5

ARTICLE 9 - DISCIPLINE/DISCHA RGE GRIEVANCES ......................... .... ................... 6 9.07 Discharge ... ............................. .... .. .................. ... ........... ..................... .. ..... .... 6

AR-fiCLE 10 -ARBITRATION ......... ............................ ................. ... ..... ... ... .................... 7 10.01 Sole Arbitrator .............................. ................... ........... ... .................. ............ .. 7 10.07 Expedited Arbitrat ion ........ .... ................... .... ...... ... .. .. .. .... ..... .......... .... ... .. ....... 8

ARTICLE 11 - BULLETIN BOARDS ........... .. .......... ... ............. ...................... ....... ........... 8 ARTICLE 12- JOB POSTING AND TRANSFER .... ................................................... : ... 8

12.07 Secondment. .............. .............................................................. .................... . 9 ARTICLE 13 - PROBATIONARY PERIOD ... ............ .. ........ ... .... .. ..... .... ......... .... .. ..... .. .... 9 ARTICLE 14- SENIORITY ..................... ...... ... ....... ....... .. ............ .... ....................... .. ...... 9

14.04 Seniority List ........ ............ .......... .. ....... ...... .................. .... ..... ..... .................. 10 ARTICLE 15 - EVALUATIONS .... .............. ................. ..... ................... ........................ .. 10 ARTICLE 16- LAY-OFF AND RECALL. .......... ...................... ......... ........................ ...... 10

16.04 Job Security .... ... .. ........ .. ......... ....... .... ....... ... .... ... .... ............ .... ........ .... ........ 11 16.06 Notice of L..avoff ..... .. ........ ............. ... ...... .... ... .. ................ ........ .. ...... ............. 12 16.07 Recall Rights ........................... .............................................................. · ...... 12 16.08 Benefit Coverage .. ..... ........................... .. .................. ... ... ......... .. ................. 12

ARTICLE 17 - SICK LEAVE ................... ...... ...... .. .......... ............. ...... ....... ..... ......... ...... 12 17.01 Short-term Sick Leave ................ ... ..................................... ........ ........ ........ 12 Workplace Safety Insurance Board ........................................ .. ....... .. .... ... ... .............. 13

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ARTICLE 18 - LEAVES OF ABSENCE ....... ...................................... .................... ....... 13 18.07 Extended Parental Leave ... ............... ...... ............. ; .. ...... ................ .. ........ .. .. 14 18.08 Paternity Leave ......................................................... ................................ .. 14 18.11 Bereavement Leave .................. ............... .... .... ..... .................................... .. 15 18.14 Leave of Absence .... ...................... ..... .. ................................................. ..... 15 18.15 Staff Education and Development ........ ......... : ....................... ..................... 15 18.16 Jury Duty and Witness Leave ........................................................... .... ...... 16 18.1 7 Leave for Union Activities .. ... .. ........... ......................................................... 16

AR'riCLE 19- VACATIONS ......... ............. ....................... .............. ... ........ ... ....... ....... .. . 16 ARTICLE 20 ~ PAID HOLIDAYS .......... ........ ....... .......... .......... ............... ...... ......... ........ 17

20.04 Personal Days .......... ....... ... ... .... .. .... ........ ................. ..... ....... ....... ...... ... ....... 18 20.05 Religious Holidays .... ....... .................. ....... ........... ..................... ... ................ 18

ARTICLE 21 - HOURS OF WORK .............. ........ ..... ........................................... ....... .. 18 21.04 Christmas Shut-down ...... ..... ............ ...... ...................................... ........ .. .... . 18 21.05 JOBSHARING ........ ..... ............. ....... .......... ......... ....... ...... ... ...... ... ..... ... .... ... 18

ARTICLE 22 - OVERTIME ................... .... .... ............................ ............................ .... .... . 19 ARTICLE 23 - HEALTH CARE BENEFITS ............. ................. ....................... .. .......... .. 20 ARTICLE 24- REGISTERED RETIREMENT SAVINGS PLAN .... ... ... ........... .. ............ 20 ARTICLE 25 - PERSONNEL FILES ...................................... ....................................... 20 ARTICLE 26- JOB DESCRIPTIONS .................. .......................................................... 20 ARTICLE 27 -INCIDENTAL EXPENSES ......... .... ............... .............. .. .... ..................... 20

27.02 Mileage Rates ..................................... .................................................... .... 21 27.03 Meal Allowance .................. ... .............. ......... ... .... ....... ........... .. ....... ...... ....... 21 27.04 Child Care Expenses ............... ... ............................ ...................... .............. 21 27.05 TTC Tokens ......... ........... .. ........................... .......... .... ... ......... ...... ...... ... .. .... 21

ARTICLE 28- GENERAL ... ............. ......... .... ............... ................... ..... .. .......... ....... .. .. .. 21 28.01 Printing of the Collective Agreement.. ................................................. ........ 21

ARTICLE 29 - ORIENTATION FOR NEW EMPLOYEES ... ........... ...... ......... ........... ... .. 21 ARTICLE 30 - SALARIES ... .. ............... .......... ... ... .... .. ........... ... ..... .......... ...... ......... ... .... 22 ARTICLE 31 - TERM OF AGREEMENT ....................................................... ............. .. . 22 LETTER OF UNDERSTANDING 1 .. ... .... ............. ................. ... ...... ........... ..... ............... 23

RE: FINANCIAL DISCLOSURE ... ... .... ........................ .. ................... ................ ......... 23 LETTER OF UNDERSTANDING 2 ........................................ ..................................... .. 24 LETTER OF UNDERSTANDING 3 .. .... ................... · ............. ......... ................. .. ........... .. 25 SALARY I WAGE SCHEDULE ........ .. ... ...... .... .. .. ....... ........ .. ..... ...... ........ ...... ................ 26 APPENDIX A & B - BENEFITS PACKAGE .................... ....... ............... ................... 27

O.D.A. FEE GUIDE ... .. .......................... ............ .... .... .... .. ... .... ............ ..... ... ..... .......... 27

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APPENDIX C - AGREEMENT TO PARTICIPATE IN THE OPSEU JOINT TRUSTEED BENEFIT FUND -PARTS A & B .......... ............... ... ........................ . · ............................ 28

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ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement between the Employer and the Union is to establish and n1aintain equitable employment standards for all Employees who are subject to the provisions of this Agreement, and to provide a procedure for the prompt and equitable resolution of grievances.

The parties agree to maintain an interrelationship between all partners, which maintains mutually satisfactory working conditions for all Employees who are subject to the provisions of this Agreement.

1.02 It is recognized by this Agreement to be the duty of all parties to co·operate fully, individually and collectively for the advancement of the aforementioned purposes within the bounds of the underlying principles of the Employer.

ARTICLE 2- RECOGNITION

2.01 The Employer recognizes the Union as the sole bargaining agent for all Employees of Accessible Community Counselling & Employment Services in the Regional Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor and persons for whom any trade Union held bargaining rights as of April 28, 1993.

ARTICLE 3 - CHECK-OFF OF UNION DUES

3.01 The parties agree that all Employees in the bargaining unit as defined in Article 2 will become and remain members in good standing of the Union as a condition of employment on successful completion of their probationary period.

3.02 The Employer agrees to deduct an amount equal to the regu lar monthly Union dues from each Employee in the bargaining unit.

3.03 The amount of the regular monthly dues shall be those authorized by the Union and the Director of Finance of the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authority to make the deductions specified.

3.04 In consideration of the deducting and forwarding of Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

3.05. Dues deductions shall become effective from the date of hire. Such dues shall be fo~arded to the Director of Finance of the Union no later than the fifteenth day of the month following that month in which deduction is taken along with a fist of Employees from whom deductions were made, such list to show name, S.I.N. number and amount deducted.

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3.06 The Employer agrees to include the annual total of dues deducted on each Employee•s T4 slip.

3.07 The Employer shall advise the Local Unit Steward and President of the Local of the name and position of each new Employee hired into the bargaining unit.

ARTICLE 4 - MANAGEMENT RIGHTS

4.01 The Union recognizes and acknowledges that the management of the operation and the direction .of the working force are fixed exclusively in the Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency; and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its Employees: discipline or discharge Employees for just cause, provided that a claim for unjust discipline or discharge may be the subject matter of a grievance and be dealt with as hereinafter provided;

b) hire, classify, direct, pro-mote, demote, transfer and retire Employees , increase and decrease staff complement; and

c) generally organize the work.

4.02 The Employer has the general right and responsibility of ensuring ACCES for New Canadians fulfils its objectives and aims and may set policies to ensure that aims and objectives are fulfilled in an efficient and satisfactoty manner. In accordance with this general responsibility, the Employer will give general direction and supervision to Staff members.

4.03 The Employer agrees that in the exercising of these rights it will do so in a manner that is not in conflict with or inconsistent with any provisions of this Agreement.

ARTICLE 5- DISCRIMINATION/HARASSMENT

5.01 The Union and the Employer recognize the dignity and worth of every individual and seek to create a climate of understanding and mutual respect in the workplace.

5.02 The Employer agrees that there will be no discrimination, interference, restraint or coercion exercised or practiced by it or its representatives against any Employee because of membership or activities in the Union.

5.03 The parties agree there shall be no discrimination or harassment as defined by the Ontario Human Rights Code. This agreement recognizes the party's duty to accommodate short of undue hardship.

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ARTICLE 6- UNION REPRESENTATION

Employee Representatives

6.01 The Union will keep the Employer informed of the names of the Stewards.

6.02 No individual member or group of members shall undertake to represent the Union at meetings with the Employer without the authorization of the properly elected local representative. The Union shall have the right to the assistance of OPSEU representatives at all times.

Grievance Committee

6.03 The Union may elect or appoint not more than three (3) stewards from amongst Employees in the bargaining unit who have completed their probationary period for the purpose of assisting Employees in the presentation of grievances in accordance with the provisions of this Agreement, provided there is one representative in each case, from each location.

6.04 Stewards or members of the Grievance Committee shall not suffer any deduction in regular salary for time spent while engaged in the investigation or presentation of a grievance pursuant to Article 8.

Negotiating Committee

6.05 The Employer will recognize a Negotiating Committee of up to three (3) representatives for contract negotiating purposes, provided there is one representative in each case, from each location. The salaries of these three (3) members shall suffer no deduction from regular straight time sala1y for the time spent in direct negotiations with the Employer or for reasonable travel time when required , from one of the Employer's work locations to the location where such negotiations , conciliation or mediation are to be held.

Labour/Management Committee

6.06 The Labour/Management Committee shall be a permanent joint committee in which the Union and the Employer shall be represented by a maximum of three (3) members provided there is one representative in each case, from each location. Meetings are to be co-chaired by one {1) member of each. Each party shall keep the other informed of its nominees to the Committee. The Committee shall meet quarterly or at the request of either party.

The mandate of this Committee shall be to deal with present or prospective problems relating to the administration of the Collective Agreement, receive reports from the Health and Safety Committee and deal with other matters mutually agreed to by the parties.

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6.07

Health & Safety

a) The Employer agrees to make every reasonable effort to provide a safe and healthy working environment. The Employer, the Union and Employees shall co-operate to the fullest extent possible in the prevention of accidents and the reasonable promotion of a safe and healthy working environment.

b) A Health and Safety representative will be selected from the bargaining unit.

c) The mandate of the representative shall be to review health and safety concerns relating to the workplace. The representative. in carrying out the mandate, may identify health and safety problems and recommend possible solutions. ·

ARTICLE 7 - NO STRIKES OR LOCKOUTS

7.01 There shall be no strikes on the part of the Union or lockouts on the part of the Employer during the life of this Agreement.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 The parties agree that ·it is important to adjust complaints and grievances as quickly as possible. Complaints and grievances properly arising under this Agreement shall be adjusted and settled as follows;

Complaint Stage

It is understood that an Employee has no grievance until s/he has first given his/her Supervisor the opportunity of adjusting his/her complaint. If an Employee has a complaint, s/he shall discuss it with his/her Supervisor within ten (10) working days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the Employee. The Supervisor shall give his/her response to the complaint within five (5) working days after such discussion and, failing settlement. it may be then taken up as a grievance in the following manner and sequence.

Step_ 1

If within eight (8) working days, the grievor is dissatisfied with the disposition of the complaint, s/he may, with his/her Union Steward, present his/her grievance in writing to the HR Manager.

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The HR Manager shall answer the grievance in writing within five (5) working days after receipt of the grievance.

Step 2

Failing settlement of the grievance at Step 1, and within ten (1 0) working days after receiving the answer in Step 1, the grievor, who shall have the assistance of the Union Grievance Committee, may submit the grievance to the Executive Director or hls/her designate.

Within the next ten (1 0) working days after submitting the grievance to the Executive Director or his/her designate, members of the Union Grievance Committee (which shall not exceed tvvo (2) in number, including the steward involved at Step 1) the grievor and the Executive Director, or his/her designate and the HR Manager and anyone the Executive Director deems could assist in resolving the grievance shall meet to discuss the matter. It is understood and agreed that a representative of O.P.S.E.U. may be present at such meeting.

If the grievance is not settled within five (5) working days after the meeting it may be referred to arbitration as hereinafter provided at any time within ten ( 1 0) working days thereafter but not later unless the parties mutually agree to extend the time limits.

8.02 Time Limits

The time limits fixed in this Article may be extended by mutual consent of both parties to this Agreement.

8.03 Group Grievances

Where it appears that two (2) or more Employees have the same grievance, the Union shall process the grievances as one ( 1) grievance subject to all applicable provisions under the grievance procedure, provided that such grievance shall commence at Step 1.

8.04 Policy Grievance

Should any difference arise between the Employer and the Union. as to the interpretation or alleged violation of the provisions of this Agreement affecting the Union as such, or the Employees as a whole, both the Union and the Employer shall have the right to file a grievance as outlined in Article 8.01 at Stage 2. This procedure shall not be utilised to circumvent a grievance, which should properly be brought as an individual or group grievance.

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ARTICLE 9- DISCIPLINE/DISCHARGE GRIEVANCES.

9.01 The Employer and the Union recognize the value of progressive discipline with the purpose of being corrective in application.Therefore, disciplinary action shall comply with the following steps:

J- verbal warning(s);

> written warning(s);

}.- suspension(s) without pay;

> dismissal for just cause.

The parties agree and acknowledge that certain serious offences may require a disciplinary penalty without regard to the above steps.

9.02 An Employee shall have the right to Union representation during the disciplinary process.

9.03 All discipline issued to Employees shall be in writing with one (1) copy filed and one {1) supplied to the individual concerned.

9.04 If any discipline proposed by the Employer or his/her designee is grieved, the grievance shall start at Step 2 of the grievance procedure.

9.05 At the request of the Employee any disciplinary notation(s) on file will be removed from an Employee's personnel file eighteen (18) months after the date of such disciplinary notation(s) provided that no related disciplinary notation(s) have been made against the Employee during this same period. Any past record of such disciplinary notation(s) dated prior to the commencement of the eighteen (18)) month period shall not be used in assessing future discipline against the Employee.

9.06 If an Employee is under suspension, his/her health care benefits shall be maintained. When the Employee returns to work he/she shall reimburse the Employer for the cost of the premiums.

9.07 Discharge

An Employee who claims s/he has been unjustly discharged from his/her employment may file a grievance in writing with the Executive Director or his/her designate at any time within fifteen (15) calendar days after the Employee is notified of his/her discharge. The grievance will then be dealt with at Step 2 of the grievance procedure.

9.08 A grievance under Article 9.01 or 9.07, may be settled under the grievance or arbitration procedure by:

(a) confirming the Employer's action; or

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(b) reinstating the Employee with or without Joss of seniority and with full compensation for the time lost during the period from the date of his/her suspension, discharge or layoff to his/her reinstatement; or

(c) by any other arrangement which may be deemed just and equitable.

ARTICLE 10- ARBITRATION

10.01 Sole Arbitrator

10.02

10.03

10.04

10.05

10.06

Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is . made that this Agreement has been violated, either of the parties may,. after exhausting any grievance procedure established by this Agreement, notify the other party in writing within ten (10) working days of its desire to submit the difference or allegation to arbitration.

The party requesting Arbitration shall propose the names of three (3) persons to sit as an impartial Arbitrator to hear evidence and argument and determine the grievance.

The recipient of such notice shall, within five (5) working days, inform the other party whether any of the three (3) proposed Arbitrators is satisfactory, and if not, will suggest three (3) other names. The party desiring Arbitration wilt then contact the other party, if necessary, to resolve the choice of Arbitrator. If the parties fail to agree upon an Arbitrator within twenty-one (21) working days of the initial notification of submission to Arbitration, either party may apply to the Minister of Labour for the appointment of an Arbitrator.

No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

The Arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any Employee affected by it.

Each of the parties hereto will share equally the expense of the Arbitrator.

The Arbitrator shall not have any power to alter, modify or change any of the provisions of this Agreement, or to substitute any new provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement.

No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the grievance procedure.

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10.07 Expedited Arbitration

Notwithstanding the foregoing provisions of th is Article, the parties hereto may, in substitution for the above procedure, apply for Expedited Arbitration under Section 49 of the Ontario Labour Relations Act.

ARTICLE 11 - BULLETIN BOARDS

11.01 The Union shall have the right to post Union notices pertaining to matters relating to Employees covered by the Collective Agreement on bulletin board spaces provided and assigned by the Employer.

ARTICLE 12 -JOB POSTING AND TRANSFER

12.01 If a vacancy occurs or a new position is created, the position will be advertised internally for one (1) week. Should no suitable applicants from within the bargaining unit apply within this period, the job will then be advertised externally.

12.02 Internal and external postings shall include the following:

~ Job title;

» Qualifications;

> Required knowledge and skills;

~ Wage or salary rate or range.

All postings shall state that the A.C.C.E.S. is an equal opportunity Employer.

12.03 A familiarization period of two (2) weeks is to be provided to a new Employee, to ensure proper introduction to the skills and techniques of the position as outlined in the current job description. It is the responsibility of both the Employer and the Union to provide the new Employee with a copy of this Agreement and a copy of any A.C.C.E.S. policy manuals.

12.04 All cases of filling vacancies, secondments, transfers and other position changes within A.C.C.E.S. shall be based on the following:

> seniority;

> ability and qualifications.

12.05 Temporary Vacancies

Notwithstanding Article 12.01, the Executive Director may appoint, for a period of no more than six (6) months, a regular Employee to a vacancy or a new position in an acting capacity. The acting appointment may be renewed by mutual agreement of the parties.

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12.06 Nothing in this Agreement shall limit the ability of the Executive Director to hire a contract Employee for a period of eighteen (18) months or less.

(a) If a contract position becomes a funded full· time position the incumbent· will move to the full-time position. If a contract position is occupied for a period of eighteen ( 18) months, the Employer will decide if the position is still required or not. If required, it shall be converted to a funded position.

(b) Should a contract position become a full~time position during the term of the contract the contract ~mployee will be converted from contract status to permanent status.

(c) The parties agree that a contract Employee leaving the employ of the Employer upon the termination of a contract will not be the subject of a grievance.

(d) A contract Employee who is rehired within 3 months of his/her termination shall retain his/her previous seniority.

12.07 Secondment

Subject to the approval of the Executive Director, any permanent Employee with one (1) year of service may be considered for secondment to a specialized service or project where funding is temporary, without loss of his/her penn anent status for a period not to exceed two (2) years. The Employee's existing position will be held for them for that period through the hiring of a contract Employee to fill the position while the permanent Employee is on secondment.

ARTICLE 13 -PROBATIONARY PERIOD

13.01 A new Employee shall be on probation for a period of sixty (60) working days.

13.02 During their probationary period new Employees shall have an evaluation to determine their suitability for the position. If an Employee is not evaluated during his/her probationary period the Employee will be deemed to have successfully completed his/her probationary period following 60 days worked.

13.03 An Employee's probationary period may be extended only for bonafide reasons related to the operation of the Agency.

ARTICLE 14- SENIORITY

14.01 Seniority shall mean an Employee's length of continuous service with the Employer.

14.02 Seniority shall accumulate in the following circ~mstances:

a) when actually at work;

b) when absent on vacation or paid holidays; 9

c) when absent from work due to sickness or accident;

d) during the first sixty (60) days of an unpaid leave of absence;

e) while on pregnancy/parental leave.

14.03 Seniority shall terminate and an Employee shall cease to be employed by the Employer when she/he:

a) voluntarily quits his/her employment;

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

c) fails to return to work within three (3) days following the termination of an authorized leave without providing a reason to the Employer;

(d) an Employee has been laid off for twelve (12) months;

(e) having been notified to return to work from lay-off. s/he fails to notify. the Employer, unless circumstances beyond the Employee's control, within three (3) working days of notification that s/he will report to work or fails to report back to work within five (5) working days after notifying the Employer.

Date of receipt shall be considered to be that on which the Employer's recall notice, sent by registered mail, is signed for in the presence of a postal Employee but in no event longer than seven (7) cafendar days from the date of registration, the recall notice being sent to the last address of the person on lay­off as furnished by her/him.

14.04 Seniority List

A seniority list shall be established for Employees covered by this Agreement. Such seniority list shall be updated annually and posted by March 31st of each year on the Union bulletin board. A copy shall be supplied to the Union.

ARTICLE 15 - EVALUA liONS

15.01 The Employer, the Union, and Employees recognize that performance appraisals shall be used to determine the ability of the Employee to perform the work for which slhe was hired and for purposes of professional development.

ARTICLE 16- LAY-OFF AND RECALL

16.01 A layoff is defined as any reduction in the work force due to Jack of work, reduction or discontinuation of a service that would result in the involuntary displacement of an Employee or a reduction in regular weekly hours, as defined in Ellegislation, or salary other than discharge by just cause.

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16.02 In the event of a reduction in the number of permanent Employees lay-off of staff shall be based on the following factors:

(a) seniority,

(b) qualifications for the position.

Where the criteria in factors (a} and (b) are relatively equal for the position in question, seniority shall govern, provided that the remaining Employees have the necessary qualifications.

16.03 The Employer agrees to provide the properly elected local representative and an Ontario Public Service Employees Union representative, with as much advance notice as possible of the expected date of implementation of a lay-off. The Employer further agrees to meet with the Unfon, through the Labour/Management Committee, to discuss:

(a) the reason(s) causing the layoff;

(b) potential alternatives which may include the utilization of other means, such as normal retirements, leaves, transfers, job sharing, voluntary Jay­off, etc., in order to prevent or minimize the effects of the contemplated action;

(c) the seiVice the Employer will undertake after the lay-off;

(d) the method of implementation including the areas of cut-back and Employee(s) to be laid off;

(e) ways in which the Employer and the Union can assist Employees to find alternate employment. ·

16.04 Job Security

No Employee shall be laid off as a result of contracting out of work or services.

16.05 In the event of a reduction in the number of permanent employees lay-off of staff shall be based on the following provisions:

(a) probationary Employees performing the work in question shall be the first to be laid off;

(b) permanent Employees who are subject to lay-off shall have the right to either:

(i) accept the lay-off and be placed on recall as outlined in Article 16.07;

(ii) displace the Employee with the least seniority who has not received a lay-off notice, subject to having the skills and ability to perform the work required or with a familiarization within the time frame as outlined in Article 16.07, and provided they will make a commitment to work the same proportion of time as the displaced Employee. Intention to exercise this right must be declared within five (5) days of notification of lay-off by the Employer. Such

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Employee so displaced shall be laid off, subject to his/her rights under this section.

16.06 Notice of Layoff

In the event of lay-off, the Employer will provide Employees with no less than three (3) month's notice of lay-off, unless circumstances arise beyond the Employer's control. It being understood that the Employer may, at its option , elect to give an Employee pay in lieu of all or part of the notice period stipulated herein. It is further understood and agreed that in no case shall the notice period be less than required by the Employment Standards Act.

16.07 Recall Rights

Employees shall have recall rights for a period of twelve (12) months.

In the event of a subsequent increase in positions, Employees shall be recalled, in reverse order of layoff, provided that the Employees have the necessary qualifications and ability to perform the available work.

An Employee recalled and reinstateq to his/her former position shall receive the appropriate rate of pay for that position at the time of recall.

16.08 Benefit Coverage

The Employer agrees, in the event of lay-off, that an Employee so affected may continue medical coverage for a period as outlined in Article 23 (subject to the terms of the plan and the approval of the insurance carrier) provided s/he pays the Employer the full premium costs of such participation not later than the 15th day of the month prior to the month in which the payment becomes due. If such payment is not made as aforesaid, the Employee's participation in these plans shall be terminated forthwith.

ARTICLE 17 ·SICK LEAVE

17.01 Short~term Sick leave

a) Employees shall accumulate sick leave to a maximum of ten days (1 0) days per year.

b) Employer will top up Employment Insurance benefit to 75% if employee on sick leave and collecting Employment Insurance benefits. Benefit to continue until Long Term Disability or expiry of Employment Insurance.

17.02 Sick leave may be utilized for reasons of personal or immediate family illness. Immediate family refers to child, spouse, partner, parents, parents-in-law. Other family members may be considered at the discretion of the Manager. This article shall apply to same sex family relationships.

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17.03 The Employer may require a medical certificate after three (3) consecutive days of illness. The Employer shall pay for any required medical certificate upon receiving a receipt of payment from the Employee. Notwithstanding this provision, where it is suspected that there may be an abuse of sick leave, the Employee's supervisor may require an Employee to submit a medical certificate for a period of less than three (3) days.

17.04 An Employee who becomes ill. immediately prior to his/her vacation or is hospitalized while on vacation may substitute that period while ill with sick leave credits, if the Employee produces a certificate from a registered medical doctor stating the period during which s/he was incapacitated. When such substitution occurs, the Employee shall have his/her vacation days credited to his/her vacation accumulation.

17.05 Both parties agree to encourage and promote preventative medical, vision and dental care. Employees shall be entitled to use either compensatory time or sick leave to schedule absences up to thirty (30) hours per calendar year during normal working hours. The Employee shall use his/her best effort to make such appointments as early or as late in the day as possible in order to ameliorate undue time off for such appointments.

The Employer shall be notified, except in cases of emergencies, within 5 working days in advance of the dates and times of appointments made. ·

17.06 Sick leave may be carried over from year to year and banked to a maximum of twenty (20) days. Banked sick credits can only be used for illness.

17.07 The Employee shall continue to receive all benefits s/he is normally entitled to when working. ·

Workplace Safety Insurance Board

17.08 The Employer agrees to pay Workplace Safety Insurance Board premiums as required under the Workplacf? Safety Insurance Act.

17.09 Where a Workplace Safety Insurance Board benefit is being paid, the Employer will continue to provide benefits coverage in accordance with the provisions of Article 23 - Health Care Benefits.

ARTICLE 18- LEAVES OF ABSENCE

Pregnancy/Parental Leave

18.01 (a) Pregnancy leave is a leave of absence without pay by reason of the Employee's pregnancy for a period of seventeen (17) weeks.

13

18.02

18.03

18.04

18.05

18.06

18.07

(b) Parental leave is a leave of absence without pay for a period of thirty

seven (37) weeks for:

(i) a natural parent;

(ii) a person with whom a child is placed for adoption;

(iii) a person who is in a relationship of some permanence with the parent of a child and who intends to treat the child as his or her own.

Birth mothers who take pregnancy leave are entitled to thirty five (35) weeks of

parental leave.

An Employee shall make every effort to provide one (1) month's written notice, but in any case, no less than two (2) weeks' notice of his/her intent to take

pregnancy or parental leave. The leave of absence shall be in accordance with

the provisions of the Employment Standards Act, as amended.

In order to qualify for Pregnancy Leave, an employee must have been hired at

least thirteen (13) weeks before her due date. To qualify for Parental Leave, an employee who is a new parent must have been hired at least thirteen (1 3) weeks

before the leave begins.

For Employees, other than probationary Employees, seniority and vacation credits continues to accrue during pregnancy or parental leave.

During an Employee's pregnancy/parental leave, the Employer shall continue to

make its contributions to all benefit plans, unless the Employee elects in writing

not to do so.

Upon return to work the Employee shall be entitled to reinstatement in his/her

position or one that is comparable at the current rate of pay including any

retroactive salary adjustments that occurred during their leave, and with no loss of seniority.

Extended Parental Leave

An Employee may take an extended parental leave to a total of fifty-two {52)

weeks includ ing the pregnancy and/or parental leave taken. The extension must be taken within six (6) months following the parental leave as outlined in Article

18.01 . (b). · Employees on extended parental leave shall accrue seniority. Requests for such leave shall not be unreasonably denied.

18.08 Paternity Leave

An Employee shall be granted, upon request, up to frve (5) days off without pay

but without loss of seniority upon the birth or adoption of his child.

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18.09 The foregoing Articles apply equally to same sex partners. 18.10 An employee entitled to Pregnancy or Parental Leave under this Article who

provides the Employer with proof that s/he is eligible to receive benefits pursuant to the Employment Insurance Act shall be paid a weekly allowance in accordance with the Supplementary Employment Benefit (SEB) Plan equivalent to the difference of her/his Employment Insurance payment and ninety~ five (95} percent of her/his weekly earnings, including any retroactive wage adjustment to which s/he may become entitled. This allowance will apply only for the first six (6) week period that the employee collects E. I. benefits and become effective as of June 30, 2005.

18.11 Bereavement Leave

An Employee shall be entitled to three (3) days leave with pay in the event of the death of a spouse or partner, child, parent, grandparent, sibling, in-law, ward or former guardian. This applies equally to family relationships of same sex partner.

18.12 When out-of-town travel is involved or in extenuating circumstances an additional three (3) days with pay may be granted by the Employer before the leave is taken or upon return to work.

18.13 An Employee may apply for an additional leave of absence without pay or use vacation time for a period of up to three (3) weeks.

18.14 Leave of Absence

Employees may request a leave of absence for any general purpose after one (1) year of employment. Such leave shall be without pay, however benefits may be maintained provided the Employee pays the premiums. The Employee shall request this leave from the Employer at least four (4) weeks prior to it's' commencement. Such a request shall not be unreasonably denied. Leave to be granted at discretion of the Employer.

18.15 Staff Education and Development

Professional development and job training needs will be identified by the parties. The Employer may authorize the professional development and the time

required to engage in the activity. Such authorization shall not be unreasonably withheld. The cost of authorized training will be the responsibility of the Employer.

Each employee will be entitled to up to three hundred and fifty dollars ($350.00) per year for professional development and job training.

Effective April1, 2007 this entitlement shall be increased to up to $450.00.

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18.16 Jury Dutv and Witness Leave

An Employee who is selected for service as a juror or who is subpoenaed as a witness to appear in any court of law, after presenting the Employer with a copy of the court notice, will be compensated for loss of pay from his/her regularly scheduled hours at his/her regularly scheduled hourly rate less the fee received for his/her service as a juror or witness. However, should the Employee present himself/herself for selection as juror and not be selected, then s/he is required to return to the Employer's premises to complete his/her remaining normally scheduled work day.

18.17 · Leave for Union Activities

The Employer, on receiving two (2) weeks notice in writing from the Union will grant leave of absence without pay, but with no loss of credits, to two (2) Employees at any one time to attend Union activities or conferences.

18.18 When an Employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated, the Employer, when provided with reasonable notice, shall grant leave of absence without pay for the duration of such leave. At the end of the assignment the Employee shall be reinstated to his/her former position at the then current salary.

18.19 Leave of absence with no loss of pay and with no loss of benefits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will .reimburse the Employer for the salary and benefits paid to the employee.

ARTICLE 19- VACATIONS

19.01 The annual vacation bank will be credited to an Employee on the first day of January except in the first year of employment when the Employee will receive a prorated credit on the date of hire. If an Employee's employment is terminated prior to earning the credits used, an adjustment to pay will be made on termination.

19.02 An Employee will accumulate vacation credits at the rate of one and one-quarter (1.25) days per month to a maximum of fifteen (1 5) working days per year.

19.03 An Employee will accumulate vacation credits at the rate of one point six seven (1.67) days per month to a maximum of twenty (20) working days at the commencement of the fourth (4th} year of employment.

16

19.04 An Employee shall accumulate vacations credits at the rate of 2 and one-tenth (2.10) days per month to a maximum of twenty-five (25) working days at the commencement of the eighth (8th) year of employment.

19.05 Vacation leave shall normally be taken in the year in which it is earned. · The Employee must give appropriate notice of vacation time to the direct Supervisor and/or Manager.

19.06 An Employee must provide advance notice to his/her immediate manager of the dates upon which s/he wishes to take his/her vacation. Requests for vacation time should be submitted during the three (3) weeks prior to May 151 in any year in order to establish personal preferences. Requests for vacation time received after May 1st shall be allotted on the basis of seniority.

19.07 A maximum offive (5) days vacation may be carried over to the next calendar year. Additional days may be carried over if circumstances so permit Approval to carry over will not be unreasonably withheld.

19.08 On commencing employment, an Employee sh~ll be credited with pro-rata vacation for the balance of the calendar year, but shall not be permitted to take vacation until s/he has completed his/her probationary period.

19.09 If a paid holiday falls w ithin a vacation period, an extra day shall be added to the vacation.

ARTICLE 20- PAID HOLIDAYS

20.01 The following days are designated as paid holidays and will be paid and granted in accordance with the Employment Standards Act. 2000.

New Year's Day Good Friday Easter Monday Victoria Day Canada Day

Simcoe Day Labour Day Thanksgiving Day Christmas Day Boxing Day

20.02 When any of the above noted holidays fall on a Saturday or Sunday and are not proclaimed as being obseJVed on some other day, the following Monday or the preceding Friday, as determined by the Employer, will be deemed to be the holiday for the purpose of this Agreement.

20.03 V'Jhen a holiday falls on an Employee's regular day off, s/he shall be granted another day off in lieu with pay. When an Employee is required to work on a paid holidays/he shall be paid at the rate of time and one~half for each hour worked plus be entitled to an additional day off with pay in lieu.

17

20.04 Personal Days

Personal days are defined as an Employee's birthday and one (1) floating holiday per year. Personal days shall be taken at a time mutually convenient to the Employee and the Employer. Personal days must be taken the year they are earned.

20.05 Religious Holidays

Employees who celebrate religious holidays other than those listed above may use their two (2) personal days, lieu time or vacation time for the necessary time off, provided they give the Employer two (2) weeks notice.

ARTICLE 21 - HOURS OF WORK

21.01

21.02

. 21.03

21.04

A full work week shall constitute thirty·five (35) hours. Normally these hours are wor1<ed between 9:00a.m. and 5:00p.m., with one unpaid hour and· two (2) paid fifteen (15) minute breaks.

Flexible working hours may be arranged in agreement with the parties.

It is understood that attendance at meetings or seminars outside of nom1al working hours are part of an Employee's service and travel time outside of normal working hours shall be considered time worked for all purposes.

Christmas Shut-down

It is understood that the agency will close between Christmas and the New Year period. Employees shall be paid their regular salary during this period.

21.05 JOB SHARING

The parties agree that job sharing may occur where there is mutual agreement between the Employer, the Union and the Employees who wish to job share.

21.06 It is agreed that job sharing results from two (2) Employees sharing a full time complement position and that such position shall continue to be identified as a full time position.

21.07 Employees entering into a job sharing arrangement must be:

a) in the same job position/pay range;

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b) equally competent in the position.

21.08 The Employer and Employees shall mutually agree to the hours of work. It is agreed that hours of work shall not overlap.

21.09 Employees in a job sharing arrangement may be required to cover off one another's vacation period(s). Such Employees will be paid at the straight time rate except where Article 22.01 applies.

21.10 Employees in a job sharing arrangement shall be accorded the working conditions and Employee benefits contained in this Agreement, however, where

applicable, they shall be pro-rated in accordance with the Employee's hours of work. Extended health care benefits shall be in effect according to the terms and conditions of the policy in place.

21.11 In the event that one (1) Employee in the job sharing arrangement leaves that arrangement on a permanent basis for any reason, the remaining Employee will be offered the opportunity to assume the position on a full time basis. Every

reasonable effort will be made to accommodate the remaining Employee where s/he has pre-existing long term commitments.

21.12 If the remaining Employee declines the full time opportunity, the position shall be posted and advertised as a job sharing position.

21.13 If the position cannot be filled on a job share basis, and should the remaining Employee decline the position on a full time basis, the position shall be posted and advertised as a full time vacancy, subject to the terms and conditions of the Collective Agreement and the remaining Employee shall be given notice and exercise their rights under Article 16 - Layoff and Recall.

21.14 Employees shall be entitled to request that their regular hours of work be reduced. Pay and benefits for reduced work hours shall be pro-rated. The duration and time are to be negotiated with the Employer. Such requests shall be subject to operational requirements. Approval will not be unreasonably

withheld.

ARTICLE 22 -OVERTIME

22.01

.22.02

Except in cases of emergency, all hours worked in excess of thirty-five (35) hours per week shall be authorized. Hours worked beyond thirty-five (35) hours

per week are overtime and shall be compensated for at one and one-half times (1 1/2) the Employee's regular hourly rate of pay. (The annual rate divided by 1820 hours). All overtime hours worked (over 35 hours per week) shall be compensated, at the Employees' option, in dollars or lieu time.

Compensating time must be taken within four (4) months from the date which was earned.

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22.03 It is mutually agreed that such overtime shall be distributed as equitably as possible among the Employees normally performing the work.

ARTICLE 23- HEALTH CAREBENEFIT~ ~ -.f\- ~/3 . 23.01 Employer agrees to ~pate in the OPSEU JOINT TRUSTEED BENEFIT

PLAN (see Appendix C). Employer to pay premium cost of plan only for full-time Employees who have passed probation.

ARTICLE 24 - REGISTERED RETIREMENT SAVINGS PLAN

24.01 The Employer will set up an individual Registered Retirement Saving Plan (RRSP) for each employee and will contribute up to 2.5% of the employee's salary per year towards this RRSP, provided the employee matches the Employer contribution. This shared contribution will be increased to 3% of salary effective April1 , 2006 and 3.5% of salary effective Apri11 , 2007.

24.02 It is understood that this Article applies only to permanent employees and not to contract employees and that the employee shall have the option of choosing how much he/she wishes to contribute.

ARTICLE 25- PERSONNEL FILES

25.01 Employees shall be provided with copies of performance appraisals and any copies of disciplinary notices.

25.02 . An Employee shall be entitled to review the contents of his/her personnel file at any time with advance notice and in the presence of management.

ARTICLE 26 -JOB DESCRIPTIONS

26.01 Job descriptions may be established and/or revised by the Employer.

ARTICLE 27 -INCIDENTAL EXPENSES

27.01 Authorized and reasonable out-of-pocket expenses incurred on agency business will be repaid as they are incurred. All out-of-pocket expenses must be verified with receipts and invoices where applicable. Job Developers will be provided with a $10.00/month cell phone allowance.

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27.02 Mileage Rates

Mileage rates paid to Employees using their own cars on the agency's business shall be at the rate of thirty-seven cents (37¢) per kilometre provided travel is authorized. The parties agree to meet during the term of this agreement to discuss "point of departure". This amount will be increased to forty cents (40¢) per kilometer effective April 1, 2007.

27.03 Meal Allowance

An Employee who is required to work in excess of two (2) hours of overtime immediately following his/her scheduled hours of work shall be reimbursed for the cost of one meal up to a maximum of six dollars ($6.00) unless a meal is provided.

27.04 Child Care Expenses

When unscheduled meetings are called with less than three (3) days notice on evenings or weekends, an Employee will be entitled to claim up to twenty dollars ($20.00) per occasion for child care costs if required. The total of such claims shall not exceed two hundred ($200.00) ·dollars per Employee, per year.

27.05 TTC Tokens . )~

In the event that the Employee does not have the use of a ca~::-irc ~z.J shall be provided to the Employee at no expense to the Employee for travel on work-related business.

ARTICLE 28 ~ GENERAL

28.01 Printing of the Collective Agreement

The parties will equally share in the cost of printing the Collective Agreement and in distributing sufficient copies to Employees.

ARTICLE 29 - ORIENTATION FOR NEW EMPLOYEES

29.01 New E(llployees shall be given orientation training during tlleir first week on staff. The orientation training shall include a copy of the job description, familiarization

with the goals of the Employer, the workplace, the clients, staff and programs, emergency procedures and any specialized information necessary for the performance of the job.

The Union will be entitled to meet with new Employees during their first week on staff to explain the Collective Agreement, functions of the Union, identify stewards, etc.

21

ARTICLE 30 · SALARIES

30 .. 01 Salary due to an Employee shall be paid bi-weekly on every other Friday. The Employer shall pay salaries and wages as set out in Schedule I of this agreement.

30.02 Should an Employee expect to be on vacation during a pay period, the Employee shall receive an advance in pay, provided the Employee makes such a request to the Executive Director, in writing, two (2) pay periods before his/her last expected pay date prior to the commencement of his/her vacation.

ARTICLE 31 • TERM OF AGREEMENT

31.01 This Agreement shall be effective from April 1, 2005 until March 31, 2008, and shall continue in effect from year to year thereafter unless either party gives to the other party, notice in writing within ninety (90) days prior to the expiry date of this Agreement, of its desire to terminate or amend this Agreement.

/J-.-;1-DATEO AT TORONTO, ONTARIO, THI~ DAY

22

LETTER OF UNOERST ANDING 1

RE: FINANCIAL DISCLOSURE

Employer- will provide financial statement upon request.

_'1r..?L . DATED AT TORONTO, ONTARIOY THI~ DAY

~- ---:->

23

LETTER OF UNDERSTANDING 2

RE: HIRING OF CONTRACT EMPLOYEES

To be discussed at Labour/Management meetings.

24

LETTER OF UNDERSTANDING 3

RE: PAY EQUITY

The parties agree that all pay equity obligations up to and including the expiry of the previous Collective Agreement (March 31/05) have been met. The parties further agree that either party may give notice to the other during the term of the current Collective Agreement should they wish to discuss compliance with or maintenance of the pay equity plan.

2006. -JC

.DATED AT TORONTO, ONTARIO, THiaQ DAY OF

25

SALARY I WAGE SCHEDULE

Employment Consultant and Outreach and Marketing Specialist

April 1 , 2005 April 1, 2006 April 1, 2007 LEVEL 1 2 3 -Entry $37,748.50 $38,503.47 $39,273.54 -··-··· 6 Months $38,305.78 $39,071.90 $39,853.34

12 Months $40,132.58 $40,935.23 $41,753.93

Lead Employment Consultant

-April1, 2005 April 1, 2006 April 1, 2007

LEVEL 1 2 3 $43,321AO $44,187.83 $45,071 .59

Administrative Assistant/Receptionist

April 1, 2005 . April 1, 2006 April 1, 2007 LEVEL 1 2 3 Entry $29,389.13 $29,976.91 $30,576.45 ..

6 Months $31,061.00 $31,682.22 $32,315.86 12 Months $33,847.46 $34 524.41 $35,214.90

Note 1: New hires to be placed on grid at discretion of employer based on relevant education, skill experience.

Note 2: The Employer will pay $400.00 to each Bnployee on the payrofl as of June 30, 2005. It is understood this $400.00 payment is the Employer's previous pay equity adjustment. -

Note 3: The $400.00 pay equity adjustment shalf be incorporated into the.Empfoyee's base rate.

Note 4: The foregoing percentage increases do not include pay equity adjustments bat wifl f?e made. Jan. 1 each year of the Agreement. The first adjustment will be made in January 2006.

26

APPENDlX A & 8 - BENEFITS PACKAGE

O.D.A. FEE GUIDE

Available upon request

27

APPENDIX C- AGREEMENT TO PARTICIPATE IN THE OPSEU JOINT TRUSTEED BENEFIT FUND - PARTS A & B

28

AGnEitMEI'<'T TO I'~Cll'A'l'E lNTiiE OPSEU JOJNTTRUSTEED BEI'IEFIT FUND

DE TWSEM . .

Ac.c.o•ss i\, \ .Q.. ~o ....... '-u-~ h ~---~ \.~ .... ) ~ <:C ~ '\oG~ ~cnr

TRUSTEES OF THE OPSEU JOINrTRUS'n!:ED llENEFIT FUND

PART A

(lbe·".Ewplo)'er")

(I be "TruSt")

J. · Th• Employer a'"'es 10 pal'tic:ipare in the OPSJ:ro Joint l'lusreed Benefit Fund (tbl: 'Trust"). n..-. Thlst 1$ established by a Tnuc Aercemer~ !!13de ar of Jnne 6, 1996. whicll rt!il'J be amsnded from time In time. The TJUSt Is ·govemed by a Bond o( l'rusrees {the 'Tnm~es·). 11lC Employer hereby agrees .t(l b_e bound by lhe Trust Agremll'ut and Jo comply with lhe directions of llle Trustees made under its renns.

2. The Tl\!rt shaQ provide cer1ain iMURd health and welfare bene.llts ro !lie eligible employees of U1e Employer. The 1'ruSiees may o:onttatl wlrh an insurance company (lhe lnsucer') fTom lime lo time. in lh:lr solo di.sl:redon, la respcer of Jhose bmeflts. The "eli~lbl: employees' ~r Jhe Einployer a1e 1M emplC>)"..c' of rile El!lployer in all bargaininJ umiS tepre$ellled by OPSEU e~eepl and d1: foUowingcmployee groups: <.)-.... ~...,...:.~t"'\ ,.__-cr- '""--.,..~~ . . :;. The benafils co be p;,vidcd by lhc TfiiSt wili Qc 1111: moe ins~ ~nefiiS u the Employ~r provides to eli&ible e~ploy~es as of tilt d.lie ~lis Agreeme:nr is d:Jivtred 10 ~he; ·lruurer, IJ!IIil clla~~ged by 1!11 "Application to Olange' Benefits' slgn•d by lhe Employer, OPSEU •ml ll>< Trustcu. ·

''- The ctf~tiv: clatt of coverage f'or the ellaible employee:~ of Ill! Empbyer shall be the dole lndicar~ by the Employ~r below. :rbe <ff.ctive date shaN be, •• the earliest. 018 rltst day of a montb fallowing !be date Utis AgreemtQI is delivered 10 the Insurer and shall ool be lalet rhan nilet)· (!10) d.tys from lhe dare lhal !his Agreement is delivered to lh: Jmurcr; · -r-

[effi:e!lve dalej ..J \..1.~ \ 1 :?-00() •

The Truste<sreserva tb richtJO aher the ~fl'ecJSved4te, on oolice to lhs Employer, if it docs nor comply wilh lht requirem<:nts oflhis paragraph.

s. The ~mployer shd pay or deduct and remit premiwns Jo lh! Trust as required by tho TniSrcu from time to lime. Employus m11.11 .wbsl3ntiue tlleir c:urt'ent rates by providing the Ins .. cr wilh a copy ofl bDJilla stat¢ment from their existing insurer daaed QOt earlier dian tltirt)• ('30) days prftJf ro the date lhatlhis Agreemclllls delivered 10 lhe lsu=r. ·

6. .In f/lc event that !he Employer does 1\01 Jll3l:c premium payments or remi~ta~~ees u and when required by lhe Tnttl~s. 1M Employer sboll be li3blo for interest on la!e PQyments ~t 10~ or $Ucll ow rare as ~ be prescribed t>y lhe Trustees. 11te TMt A&Jeem~nt afro pro•ides, al'llr.lng orher lhing.s. that delinqwlnt Employcn ue su~tlo: •

(2) Ide payment charges for int.:wt. liqwdared damages _an<! reasonable Jecal and col!ccdc~~su:

(b) ~uirellltnts to 11051 d--j)OslU, advance J78ymetll5 or surety bonds with lite Trust; or

(e) !:llSp'IISion or lenninalfoo of coYenge for llie Employer's eli&ible employees. In wltleh ease !be Employer may b~ directly responsible 10 ias cmplo)'t'CS or dteft colkclive bargaining a~nt Cor the pl'Ovision of bl!nelits.

1. Th: TNSICU shan aui.Mrize Jhe Emptoyer lo submit to tit<! Irtrurer a fully completed and uewted Employer .-\ppficarion for Grou~ Clive~~ un<br the OPSEll Join! TT11$1eed &~lit Fl!lld (' tbo Applic.1tion") and the lnsurec shall issue iruurur.e coverage in accordaneo with th~ financi~l Agreement wllh1n lhltty (30) da.ys of ~ipt of suoll qpli~:ation. A descripoou of VI~ insuranco c:ovuage shaD be set oul in an employee bookler whkh, upon approval by tho Employer. sllall be atuclled 10 rlti.s Agreement u s-lt«<ule "A". Solledule "A • wiU abo contzin a Premium Rlil<! Soounacy. Schedule "A • sluU be deemed 10 be put of this Agreem~ and will be ls!ued by the hmu'er w j!illn 30 ~ys of lhe effective date or coven~.

a. An Bnrolmeot Form shaU be completed .and ~ec~d by each eligible emplo~l! and 11\e Employer 110 lar:r than thin:y-<~nc (31) d.1ys olier the effec.live dare ota11 employe~·s coverage.

9. The Tnu~es have clllcrcd Into a Flnanei>J Agreement and I~ Polley with !he lMurer, under wl>lch the lmurer will provide: the iru\lced benefit~ co the eligible t!IIPIOyees Q(.~"l!mployer. The lrtsucanc:e Po6cy contaios scandard d<lfinitions and adminis!raCive pmvisioos, which lll'i>'r to all Employers alld aU eligible employeu. 'IbC~e standard detirlllionr and admWstntive provisions prevail over ScM<.lula "A •.

10. The Employer shan pro~ide ruolt reports lo !he lll'mrer respecting the llllmber 3nclmmes of eli&ible empl11yees and S\lCn oUter relevant ell~ Js the Trustee.s 1111)', from rime 10 ~ direct. ·

FOR TilE TRUST:

l'OR TflEE!'dl'LOYER:

Per: (Authorluil gnnture)

~ , ( utbonz~d SJI:Da!Un)

2&.b67TE' .6/1//YG._t\ l'rillt Nllllle

L/<2! r'rifa..§e_ St--~:5utffi -/on

IY1bA te5

COLLECTIVE AGREEMENT PROVISIONS

[To be Printed oil tb.e r everse of the Agreement to Participate]

PART B: Collective Agreement Language

I. The provision$ of this Part B shall be de-o..med to fonn part of evey collective agreement behveen the Employer and OPSEU ("Inc Collective Agreement(s)") covering eligible employees as ~escribed· in section 2 of llHl Agreement to Participate in the OPSEU Joint Trusteed Benefit Fund ("the: Tlllst") ("the AgrGCmcnt to Participate").

2. In addition, Schcdqle "A" to the Agreement 10 Participate, as contempla!ed by section 7 of the Agreement 10 Participato, shall also b" d~"ned to be part of the Co11ectiye Agreemcnt(s} betweci! tfle Employer ood OPSEU. Tile provisions of this Part B and Schedule • A" arc enforceable pw:suant to the grievance aJld arbitration procedures set out in the Collecuve Agreement(s), however, any disputes regarding enutlemenl w benefits shall ~ processed in accordan·C('I with the Dispute R~solurion Procedure in the Financial Agreement tletwe::n the Trustees or the O.PSEU Ioinl Trusteed Benefit Fund ("tile Tnsstccs") and the }J:J$urer.

3. The Employer shall provide the benefits described at Sche~ufc "A" through ihe Trust to the employee~ of tl:c Employer in bargaining' unit(s) represented by OPSW and to such other employees a; as-e described in section 2 of the Agreement to P;uticipale. The Employer and OPSEU agree that ScheduJ., •A" is subject to the standard definition and ~dmi.nislriltive terms set out in the lnsur.mcc Policy held by the TlllsteeS.

•l. The Employer shall pay or deduct lind remit pn:miu~ in the amounts and man:-rer required by the: f;ustecs pursuant to the Agreement to Participate.

5. In the event tbal an Employer docs not make premium paymeuts or remittances as llfld when requirc:d by 11lc Trustees, the Employer snall be liable for Interest on late or outstanding payments at lOY. or such otim role as may be prescribed by the Trustees. Tho Trust Agreement creates obligati~ for Employers, wllic:b tlle Employer and OPSEU hereby a f. rei! are enforceable under the Collective Agreements. These obligations include th~ obligations to:

(a) pay late payment chargCJ: for interest, liquidated damages :md r~onable legal and collection costs; and

(b) post deposlls, advMco payments or surety bonds with (he Trust.

G. Joioreovc, the Trust may also suspr:nd or tc.oninate covernge (or the EmpiO'jer'3 eligible employees in the c~nl that the Employer fails to make premium payments or remittances as and when required"·by the Tmstee.s, in which case the Employer will be directly ~Qil:;ible to its employees for the provision ofbcnclits.

7. l'J(Itwithstanding lhaltbc benefit plan sponsored by the Trust may be a multi-employer bet1efit plan for the purposes of the Workplace Safety and Insurance At:r, 1997, S.O. 1997, c. 16, the Employer and OPSEU agree th~t lb~ Employer shall, pllC"SUant to the Collective Agreement{s), pay premiwns for eligible employees and their dependants throughout the first year after an injury to an eligible ¢mployee. For purpose.~ of tl1is section, ~1e term "injury" hus the same rldinition ns in the Workplace Safety and lnsurcmce Ad, 1997, supra,

3. The Employer sl:all permit the Trustees or theit' designate to attend at the Employer's premises to conduct :n audit of the Employer'$ employment rc:cords ror lhe pwpose of verifYing the calcul11!ion and deteymination of premium pllymen(s to dJe Trust.

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