tupper tots day care garderie les tout …...collective agreement between tupper tots day care...

COLLECTIVE AGREEMENT

BETWEEN

TUPPER TOTS DAY CARE GARDERIE LES TOUT-PETITS DE TUPPER

AND

THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2204

Effective from January 1, 2008 to December 31, 2009

Table of Contents ARTICLE 1 – PURPOSE OF AGREEMENT.................................................................... 1

1.01 ............................................................................................................................... 1 1.02 ............................................................................................................................... 1 1.03 .............................................................................................................................. 1

ARTICLE 2 – DEFINITIONS............................................................................................. 2

2.01 ............................................................................................................................... 2 ARTICLE 3 – MANAGEMENT RIGHTS........................................................................... 3 3.01 ................................................................................................................................. ARTICLE 4 – NO DISCRIMINATION ............................................................................... 3 4.01 ............................................................................................................................... 3 ARTICLE 5 – RECOGNITION .......................................................................................... 4 5.01 – Bargaining Unit .................................................................................................. 4 5.02 – No Other Agreements ........................................................................................ 4 5.03 – Work of the Bargaining Unit ............................................................................... 4 ARTICLE 6 – PERMANENT PART-TIME, CONTRACT AND SUPPLY EMPLOYEES .. 4 6.01 – Permanent Part-time, Contract and Supply Employees..................................... 4 6.02 – Rights of Contract and Supply Employees ........................................................ 4 ARTICLE 7 – UNION MEMBERSHIP REQUIREMENT................................................... 6 7.01 – Employees to be Members ................................................................................ 6 ARTICLE 8 – CHECK-OFF OF UNION DUES................................................................. 6 8.01 – Check-off Payment ............................................................................................ 6 8.02 – Deductions ......................................................................................................... 6 8.03 – Dues Receipt ..................................................................................................... 7 ARTICLE 9 – EMPLOYER AND UNION TO ACQUAINT EMPLOYEES......................... 7 9.01 – Potential Employees .......................................................................................... 7 9.02 – Interviewing Opportunity .................................................................................... 7 ARTICLE 10 – CORRESPONDENCE.............................................................................. 7 10.01 – Correspondence .............................................................................................. 7 10.02 – Membership Contact Information..................................................................... 7 10.03 – Notification of New Programs .......................................................................... 8 ARTICLE 11 – LABOUR MANAGEMENT AND BARGAINING RELATIONS ................ 8 11.01 – Labour Management Committee Meetings...................................................... 8 11.02 – Appointment of Representatives...................................................................... 8 11.03 – Representation................................................................................................. 8 11.04 – Union Bargaining Team ................................................................................... 8 11.05 – Function of Union Bargaining Team................................................................. 9 11.06 – Meetings of Bargaining Team .......................................................................... 9

11.07 – Time-off for Bargaining Meetings..................................................................... 9 11.08 – Technical Information for Collective Bargaining Purposes............................... 9 11.09 – Representative of CUPE.................................................................................. 9 11.10 – Education on the Job ....................................................................................... 9 ARTICLE 12 – GRIEVANCE PROCEDURE .................................................................. 10 12.01 – Definition of Grievance................................................................................... 10 12.02 – Recognition of Union Stewards and Grievance Committee........................... 10 12.03 – Union Stewards.............................................................................................. 10 12.04 – Permission to Leave Work ............................................................................. 10 12.05 – Settling of Grievances.................................................................................... 10 12.06 – Discharge of Grievance ................................................................................. 11 12.07 – Policy Grievance ............................................................................................ 11 12.08 – Employer Grievance ...................................................................................... 11 12.09 – Union Grievance ............................................................................................ 11 12.10 – Arbitration....................................................................................................... 12 12.11 – Replies in Writing ........................................................................................... 12 12.12 – Facilities for Grievances................................................................................. 12 12.13 – Mutually Agreed Changes.............................................................................. 12 12.14 – Technical Objection to Grievance .................................................................. 12 12.15 – Amending of Time Limits ............................................................................... 12 ARTICLE 13– ARBITRATION........................................................................................ 13 13.01 – Matters Submitted to Arbitration .................................................................... 13 13.02 – Composition of Board of Arbitration ............................................................... 13 13.03 – Failure to Appoint ........................................................................................... 13 13.04 – Board Procedure............................................................................................ 13 13.05 – Decision of the Board..................................................................................... 13 13.06 – Disagreement on Decision............................................................................. 13 13.07 – Expenses of the Board................................................................................... 14 13.08 – Amending of Time Limits ............................................................................... 14 13.09 – Single Arbitrator ............................................................................................. 14 ARTICLE 14 – DISCHARGE, SUSPENSION AND DISCIPLINE .................................. 14 14.01 – Right to have a Shop Steward Present .......................................................... 14 14.02 – Warning.......................................................................................................... 14 14.03 – Suspension / Discharge ................................................................................ 14 14.04 – Burden of Proof.............................................................................................. 14 14.05 – Access to Personnel File ............................................................................... 15 14.06 – Personnel File ................................................................................................ 15 ARTICLE 15 – SENIORITY ............................................................................................ 15 15.01 – Seniority ......................................................................................................... 15 15.02 – Seniority List .................................................................................................. 15 15.03 – Loss of Seniority ............................................................................................ 15 ARTICLE 16 – PROBATIONARY PERIOD.................................................................... 16 16.01 – Newly Hired Employees................................................................................. 16 16.02 – Rights of Probationary Employees................................................................. 16 16.03 – Dismissal or Termination ............................................................................... 16

ARTICLE 17– PROMOTIONS AND STAFF CHANGES................................................ 17 17.01 – Job Postings .................................................................................................. 17 17.02 – Information in Postings .................................................................................. 17 17.03 – Outside Advertizing........................................................................................ 17 17.04 – Procedure for Absent Employees .................................................................. 17 17.05 – Role of Seniority in Promotions and Transfers............................................... 17 17.06 – Trial Period..................................................................................................... 18 17.07 – Notification to Employees and Union ............................................................. 18 ARTICLE 18 – LAY OFFS AND RECALLS................................................................... 18 18.01 – Definition of Layoff ......................................................................................... 18 18.02 – Role of Seniority in Layoffs ............................................................................ 18 18.03 – Recall Procedures.......................................................................................... 19 18.04 – No New Employees ....................................................................................... 19 18.05 – Advance Notice of Layoffs ............................................................................. 19 18.06 – No Layoff and Recall for Probationary Employees ........................................ 19 18.07 – Joint Action to Prevent Layoffs ...................................................................... 19 ARTICLE 19 – HOURS OF WORK ................................................................................ 20 19.01 – Regular Daily Hours....................................................................................... 20 19.02 – Regular Weekly Hours ................................................................................... 20 19.03 – Lunch Break and Rest Periods ...................................................................... 20 19.04 – Work Schedule............................................................................................... 20 19.05 – Part-time Hours of Work ................................................................................ 20 19.06 – Proportional Hours ......................................................................................... 20 19.07 – Reporting Pay ................................................................................................ 20 ARTICLE 20 – OVERTIME............................................................................................. 21 20.01 – Overtime Defined ........................................................................................... 21 20.02 – Overtime Rate................................................................................................ 21 20.03 – Emergency Situation...................................................................................... 21 20.04 – Authorization of Overtime .............................................................................. 21 ARTICLE 21 – PAID STATUTORY HOLIDAYS ............................................................ 21 21.01 – Paid Statutory Holidays.................................................................................. 21 21.02 – Major Holidays of Other Faiths ...................................................................... 21 21.03 – Holidays Falling on Saturday or Sunday........................................................ 22 21.04 – Compensation for Regularly Scheduled Work on a Holiday .......................... 22 ARTICLE 22 – VACATION LEAVE................................................................................ 22 22.01 – Vacation Entitlement Year ............................................................................ 22 22.02 – Vacation Leave Entitlement ........................................................................... 22 22.03 – Maximum Annual Carry-over of Vacation ...................................................... 22 22.04 – Compensation for Holidays Falling Within Vacation Schedule ...................... 23 22.05 – Scheduling of Vacations ................................................................................ 23 22.06 – Vacation Pay on Termination......................................................................... 24 22.07 – Vacation Pay on Retirement .......................................................................... 24 22.08 – Unbroken Vacation Period ............................................................................. 24 22.09 – Approved Leave of Absence during Vacation................................................ 25

ARTICLE 23 – SICK LEAVE.......................................................................................... 25 23.01 – Sick Leave Defined ........................................................................................ 25 23.02 – Paid Sick Leave Eligibility .............................................................................. 25 23.03 – Amount of Paid Sick Leave and Accumulation of Sick Leave Credits ........... 25 23.04 – Proof of Illness ............................................................................................... 26 23.05 – Deductions from Sick Leave .......................................................................... 26 23.06 – Sick Leave during Layoff................................................................................ 26 23.07 – Sick Leave Records ....................................................................................... 26 ARTICLE 24– LEAVES OF ABSENCE.......................................................................... 26 24.01 – Leave of Absence for Union Functions .......................................................... 26 24.02 – Notice of Union Leave.................................................................................... 26 24.03 – Reimbursement for Union Leave ................................................................... 26 24.04 – Leave of Absence for Union or Public Office ................................................. 26 24.05 – Notification to Reapply of Union or Public Office Leave................................. 27 24.06 – Union Leave................................................................................................... 27 24.07 – Maintaining Qualifications While on Leave .................................................... 27 24.08 – Paid Jury or Court Witness Duty Leave ......................................................... 27 24.09 – Paid Bereavement Leave............................................................................... 27 24.10 – Family Members for whom Bereavement Leave Applies............................... 27 24.11 – Bereavement Leave for Distant Relative or Friend ........................................ 28 24.12 – Additional Travel Days for Bereavement Leave............................................. 28 24.13 – Pregnancy Leave ........................................................................................... 28 24.14 – Parental Leave............................................................................................... 28 24.15 – Benefit Entitlements During Pregnancy / Parental Leave .............................. 28 24.16 – Procedure upon Return from Pregnancy / Parental Leave ............................ 28 24.17 – Employees Not Utilizing Pregnancy / Parental Leave.................................... 28 24.18 – Leave for Diseases and Conditions Harmful to Pregnancy............................ 29 24.19 – Special Leave ................................................................................................ 29 24.20 – Granting of Additional Special Leave............................................................. 30 24.21 – Paid Leave for ECE Examinations................................................................. 30 24.22 – E.C.E. Placement without Pay ....................................................................... 30 24.23 – General Leave and Education Leave without Pay ......................................... 30 24.24 – Employer Payment of Employee Benefits During Leave Without Pay ........... 30 ARTICLE 25 – PAYMENT OF WAGES ......................................................................... 31 25.01 – Pay Days........................................................................................................ 31 25.02 – Higher Rate of Pay on Promotion or Reclassification .................................... 31 25.03 – Pay on Transfer to Lower-Rated Job ............................................................. 31 25.04 – Equal Pay for Work of Equal Value................................................................ 31 ARTICLE 26 – EMPLOYEE BENEFIT PLANS.............................................................. 31 26.01 – Employer and Employee Contributions to Benefit Package........................... 31 26.02 – Eligibility for Benefit Plans.............................................................................. 31 ARTICLE 27 – JOB DESCRIPTIONS ............................................................................ 32 27.01 – Job Descriptions ............................................................................................ 32 27.02 – Classifications ................................................................................................ 32 27.03 – New Positions ................................................................................................ 32 27.04 – Right to Grievance and Arbitration Procedure ............................................... 32

ARTICLE 28 – EMPLOYEE PERFORMANCE REVIEW ............................................... 32 28.01 – Yearly Performance Evaluation ..................................................................... 32 28.02 – Written Copy of Evaluation ............................................................................ 32 ARTICLE 29 – HEALTH AND SAFETY......................................................................... 33 29.01 – Cooperation on Safety ................................................................................... 33 29.02 – Health and Safety Clothing and Equipment ................................................... 33 29.03 – Right to Monitor and Inspect .......................................................................... 33 29.04 – Injury Pay Provision ....................................................................................... 33 29.05 – Transportation of Accident Victims ................................................................ 33 29.06 – Health and Safety Grievance ......................................................................... 33 ARTICLE 30– JOB SECURITY...................................................................................... 34 30.01 – No Contracting Out ........................................................................................ 34 ARTICLE 31 – UNION LABLE....................................................................................... 34 ARTICLE 32 – CHILD/ADULT RATIO ........................................................................... 34 ARTICLE 33 – GENERAL CONDITIONS ...................................................................... 34 33.01 – Proper Accommodation ................................................................................. 34 33.02 – Union Bulletin Board ...................................................................................... 34 33.03 – Letter of Reference ........................................................................................ 35 33.04 – Termination of Employment ........................................................................... 35 33.05 – Professional Development ............................................................................. 35 ARTICLE 34 – COPIES OF COLLECTIVE AGREEMENT ............................................ 35 ARTICLE 35 – TERM OF AGREEMENT ....................................................................... 35 35.01 – Duration of Agreement................................................................................... 35 SIGNING PAGE.............................................................................................................. 36 SCHEDULE “A” ............................................................................................................. 37 Wages for Permanent Employees .............................................................................. 38 SCHEDULE “B” ............................................................................................................ 39 Wages for Supply Employees..................................................................................... 39 LETTER OF UNDERSTANDING.................................................................................... 40

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ARTICLE 1 – PURPOSE OF AGREEMENT 1.01 It is the purpose of both parties to this Agreement to foster and encourage

harmonious and mutually beneficial relationships between the Employer, the employees and the Union, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.

1.02 The parties to this agreement share a desire to encourage efficiency in

operation promote the morale and well-being of employees while at the same time maintaining a high standard of care for children. Accordingly, they are determined to establish within the framework provided by law, an effective working relationship at Tupper Tots Daycare in which members of the bargaining unit are employed.

1.03 The parties to this agreement also share a desire to promote the intellectual,

physical and emotional development of children and to maintain affordable, accessible quality day care for children.

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ARTICLE 2 – DEFINITIONS 2.01 For the purpose of this agreement the following items will be defined as

follows:

(a) “Centre(s)” shall refer to the specific work location(s) whereby the Employer delivers one or more licensed child care programs, e.g., infant, toddler, pre-school, kindergarten, and school-age.

(b) “Days” shall refer to working days.

(c) “Spouse” shall be used to designate wife, husband, or common-law

marriage partners, including lesbian and gay partners.

(d) “Permanent Full-Time Employees” are employees who have been hired into a permanent position with the Employer and who regularly work twenty-five (25) or more hours per week.

(e) “Permanent Part-Time Employees” are employees who have been hired

into a permanent position with the Employer and who regularly work less than twenty-five (25) hours per week.

(f) “Seconded Employees” are permanent employees who are temporarily

assigned by mutual agreement for a specific length of time in a different position and/or classification.

(g) “Contract Employees” are employees hired for a specific length of time to

replace a permanent employee who is on an extended leave of absence. Contract Employees shall be hired for not less than three (3) months and not more than one (1) year and may be renewed for an additional period of up to six (6) months; the Employer will notify the Union of the additional period of time.

(h) “Supply Employees” are called to replace permanent employees on an

intermittent basis to cover in one or more positions.

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ARTICLE 3 – MANAGEMENT’S RIGHTS 3.01 The Union recognizes that it is the right and obligation of the Employer to

manage and operate a non-profit organization in which it is engaged and to:

(a) maintain order, discipline and efficiency;

(b) classify positions;

(c) hire, assign, appoint on a temporary basis, transfer, promote, demote, lay off and recall employees;

(d) suspend, discharge or otherwise discipline employees for just cause;

(e) establish, alter and enforce rules and regulations, hours of work, and

work assignments or methods;

(f) conduct the non-profit organization in accordance with the provisions of the Ontario Day Nurseries Act. The Employer reserves the right to make decisions in its sole discretion with respect to exceeding the minimum standards where necessary.

The Employer agrees that these rights shall not be exercised in a manner which is inconsistent with the provisions of this Collective Agreement.

ARTICLE 4 – NO DISCRIMINATION 4.01 The Employer and the Union agree that there shall be no discrimination,

interference, restriction, or coercion exercised or practiced with respect to any employee in the matter of hiring, wage rates, training, up-grading, promotion, transfer, layoff, recall, discipline, classification, discharge or otherwise by reason of age, race, creed, colour, national origin, religion, political affiliation or activity, sexual orientation, sex, or marital status, family relationship to adult working at the Centre, place of residence, nor by reason of her membership or activity in the Union.

The parties also agree that there shall be no discrimination or harassment as

defined by the Ontario Human Rights Act.

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ARTICLE 5 – RECOGNITION 5.01 Bargaining Unit

The Employer recognizes the Canadian Union of Public Employees and its Local 2204 as the sole and exclusive collective bargaining agent of all employees of Tupper Tots Daycare in the City of Ottawa, save and except Directors and persons above the rank of Director, and hereby agrees to negotiate with the Union, or any of its authorized committees, concerning all matters affecting the relationship between the parties, aiming towards a peaceful and amicable settlement of any differences that may arise between them.

5.02 No Other Agreements No employee shall be required or permitted to make a written or verbal agreement with the Employer or her/his representatives, which may conflict with the terms of this Collective Agreement.

5.03 Work of the Bargaining Unit Persons whose jobs are not in the bargaining unit shall not do bargaining unit work if it results in the layoff or reduction of hours or change of classification of a bargaining unit employee.

No bargaining unit work shall be done under the auspices of an “Ontario Works” or other “Workfare” program.

ARTICLE 6 – PERMANENT PART-TIME, CONTRACT AND SUPPLY EMPLOYEES 6.01 Permanent Part-time, Contract and Supply Employees

This Collective Agreement is fully applicable to all Permanent Part-time employees, contract employees and supply employees unless otherwise specified.

6.02 Rights of Contract and Supply Employees

All contract and supply employees shall have all the rights and benefits under the Collective Agreement except as modified below. a) Seniority for Contract and Supply Employees

Contract and Supply employees shall accrue seniority based on the number of shifts worked since the date of first hire with the Employer. If a Contract Employee or a Supply Employee becomes a Permanent

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Employee, her/his seniority date shall be adjusted based on the number of shifts worked while a Contract or Supply employee.

b) Rights of Contract Employees

i) Contract employees shall not be covered by Article 18 – Layoffs and Recalls.

ii) Contract employees shall not be covered by the following

provisions: • Sub-article 24.13 – Pregnancy Leave and Sub-Article

24.14 - Parental leave • Sub-article 24.23 - General Leave and Education Leave

Without Pay • Sub-article 24.24 – Employer Payment of Employee

Benefits During Leave Without Pay

iii) Contract employees of less than six (6) months shall not be entitled to group insurance (medical and dental plan, long term disability, life and dependent insurance and accidental death and dismemberment) and the Registered Retirement Savings Plan.

c) Rights of Supply Employees

i) Supply employees shall not be covered by Article 18 – Lay-Offs

and Recalls.

ii) Supply employees shall not be covered by Article 22 Vacation Leave but shall receive vacation in accordance with the Employment Standards Act.

iii) Supply employees shall not be covered by Article 23 Sick Leave.

iv) Supply employees shall not be covered by any leaves of absence except as required by law (Sub-article 24.01 - Leave of Absence for Union Functions; Sub-article 24.02 – Notice of Union Leave; Sub-article 24.03 – Reimbursement for Union Leave; Sub-article 24.04 - Leave of Absence for Union or Public Office; Sub-article 24.05 – Notification to Re-apply for Union or Public Office Leave; Sub-article 24.06 – Union Leave; Sub-article 24.07 – Maintaining Qualifications While on Leave; Sub-article 24.08 – Paid Jury or Court Witness Duty Leave; Sub-article 24.09 – Paid Bereavement Leave; Sub-article 24.10 – Family Members for Whom Bereavement Leave Applies; Sub-article 24.11 - Bereavement Leave for Distance Relative or Friend; Sub-article 24.12 –

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Additional Travel Days for Bereavement Leave; Sub-article 24.13 - Pregnancy Leave and Sub-article 24.14 - Parental Leave; Sub-article 24.15 – Benefit Entitlements During Pregnancy/Parental Leave; Sub-article 24.16 – Procedure Upon Return From Pregnancy/Parental Leave; Sub-article 24.17 – Employees Not Utilizing Pregnancy/Parental Leave; Sub-article 24.18 - Leave for Diseases and Conditions Harmful to Pregnancy; Sub-article 24.19 - Special Leave; Sub-article 24.20 – Granting of Additional Special Leave; Sub-article 24.21 – Paid Leave for E.C.E. Examinations; Sub-article 24.22 – E.C.E. Placement Without Pay; Sub-article 24.23 - General Leave and Education Leave Without Pay; Sub-article 24.24 – Employee Benefits During Leave Without Pay;

v) Supply employees shall not be covered by Article 26 - Employee

Benefit Plans.

vi) Supply staff will be called into work to replace absent permanent or contract staff in order of seniority.

ARTICLE 7– UNION MEMBERSHIP REQUIREMENT 7.01 Employees to be Members

As a condition of employment, all employees of the Employer who are now members of the Union shall remain members in good standing of the Union according to the constitution and by-laws of the Union. As a condition of employment, all new employees who are members of the bargaining unit as defined in Article 2 shall become and remain members in good standing of the Union within thirty (30) days of employment.

ARTICLE 8 – CHECK-OFF UNION DUES 8.01 Check-Off Payment

The Employer shall deduct from every employee any dues levied by the Union on its members. The Union shall inform the Employer in writing of the authorized monthly deductions to be checked-off as defined above.

8.02 Deductions

Deductions shall be made from each payroll of each month and shall be forwarded to the Secretary-Treasurer of the Union not later than the fifth (5th) day following the end of the month, accompanied by a list of the names, addresses and classifications of employees from whose wages the deductions have been made.

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8.03 Dues Receipts

At the same time that Income Tax (T-4) slips are made available, the Employer shall type on the amount of Union dues paid by each Union member in the previous year.

ARTICLE 9 – EMPLOYER AND THE UNION SHALL ACQUAINT POTENTIAL EMPLOYEES 9.01 Potential Employees

The Employer agrees to acquaint potential employees with the fact that a Union Agreement is in effect, and with the conditions of employment set out in the articles dealing with Union Security and Dues Check-Off.

9.02 Interviewing Opportunity

Every new employee shall be given an opportunity to be interviewed by a representative of the Union within regular working hours, without loss of pay for either, for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting the new employee with the benefits and duties of Union membership and her/his responsibilities and obligations to the Employer and the Union. The time of the interview shall be scheduled to ensure that operational requirements are met.

ARTICLE 10 – CORRESPONDENCE 10.01 Correspondence

All correspondence between the parties, arising out of this Agreement or incidental thereto, shall pass to and from the Employer, or designate, and the Secretary of the Union.

A copy of any correspondence between the Employer, or designate, and any employee in the bargaining unit, pertaining to the interpretation or application of any part of this Agreement shall be forwarded to the Secretary of the Union or designate.

10.02 Membership Contact Information

Once per calendar year, the Employer will provide the Union with a list of the members of the bargaining unit together with their addresses and telephone numbers.

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10.03 Notification of New Programs The Employer will notify the Union of new worksites for members of the bargaining unit as they become operational.

ARTICLE 11 – LABOUR MANAGEMENT AND BARGAINING RELATIONS 11.01 Labour Management Committee Meetings The parties acknowledge the mutual benefits to be derived from joint labour

management committee meetings to discuss matters of common interest. The subjects that may be determined as appropriate for joint discussion will be by the mutual agreement of the parties. The parties are prohibited, during such meetings, from agreeing to items which would alter any provision of this Collective Agreement.

Labour management committee meetings shall be held at mutually

satisfactory times and shall normally take place on the Employer's premises during regular working hours. The Employer representative and the Union representative shall meet at least three (3) times each year and more frequently at the request of either party.

11.02 Appointment of Representatives The Employer acknowledges the right of the Union to appoint

representatives from amongst the members of the bargaining unit to be members on the Union Bargaining Team and to be its representatives for the labour management committee.

11.03 Representation

The Employer shall not bargain with or enter into any agreement with an employee or group of Employees in the bargaining unit. No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. In representing an employee or group of employees, an elected or appointed representative of the Union shall be the Spokesperson.

In order that this may be carried out, the Union will supply the Employer with

the names of its officers. Likewise, the Employer will supply the Union with a list of its supervisory personnel with whom the Union may be required to transact business.

11.04 Union Bargaining Team

The Union shall inform the Employer promptly, and in writing of the name(s) of its bargaining team representative(s), which can be up to a maximum of two Union representatives in the employ of the Employer, and of any subsequent changes on the Bargaining Team.

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11.05 Function of Union Bargaining Team For the purposes of bargaining meetings, matters pertaining to performance

of work, operational problems, rates of pay, hours of work, collective bargaining, and other working conditions, may be referred by the Union Bargaining Team to the Employer for discussion and settlement.

11.06 Meetings of Bargaining Team

In the event either party wishes to call a bargaining meeting, the meetings shall be held at a time and place fixed by mutual agreement.

11.07 Time Off For Bargaining Meetings

A representative of the Union or the bargaining team, who is in the employ of the Employer, shall have the right to attend bargaining meetings with the Employer held within working hours and shall suffer no loss of pay for time spent in bargaining meetings. The time of the meetings shall be scheduled to ensure that operational requirements are met.

11.08 Technical Information For Collective Bargaining Purposes

Within ten (10) days of receipt of a written request by the Union, the Employer shall make available to the Union any information in its possession required by the Union pertinent for collective bargaining purposes such as budgets, job descriptions, positions in the bargaining unit, job classifications, wage rates, employee benefit plans and any other financial information available to the public.

11.09 Representative of the Canadian Union of Public Employees

The Union shall have the right at any time to have the assistance of a representative of the Canadian Union of Public Employees or any other advisors when dealing or negotiating with the Employer. Such Representative(s) shall have access to the Employer's premises at a mutually convenient time with prior arrangement with the Employer in order to investigate and assist in the settlement of a grievance.

11.10 Education on the Job

The Employer recognizes that education is a continuing process. Accordingly, the Employer shall allow the Union to sponsor educational functions such as seminars, workshops, lectures and Union meetings on topics related to employment, to be held on the Employer's premises during the employees' lunch period or following the regular working day. Prior arrangement for such functions shall be made with the Employer and no such function shall be permitted where it will interfere with the normal operation of the Centre.

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ARTICLE 12 – GRIEVANCE PROCEDURE 12.01 Definition of Grievance A grievance shall be defined as a difference of opinion arising out of the

interpretation; application, administration or alleged violation of the Collective Agreement. A grievance may concern a difference arising between an employee and the Employer or the Union and the Employer.

12.02 Recognition of Union Stewards and Grievance Committee In order to provide an orderly and speedy procedure for the settling of

grievances, the Employer acknowledges the rights and duties of the Union Steward. The Steward shall assist any employee, which the Steward represents, in preparing and presenting the grievance in accordance with the grievance procedure.

12.03 Union Stewards There shall be one (1) Steward and one (1) Alternate Steward for the

Daycare Centre affected by this Collective Agreement. The names of the Steward and Alternate Steward shall be posted on the staff bulletin board. The Union shall provide these names to the Employer.

12.04 Permission to Leave Work The Employer agrees that the Steward and/or the Alternate Steward may

have Union duties to perform while investigating grievances as provided in this Article

The Union recognizes that each Steward and Alternate Steward is employed

by the Employer and that she will not leave her work without receiving prior permission from the Director or Designate. Such permission shall not be unreasonably denied.

12.05 Settling of Grievances An employee will first attempt to settle a complaint of a non-disciplinary

nature with the Director or Designate at the complaint stage. Complaints of a disciplinary nature will be presented at Step 2 of the grievance procedure by the Steward no later than ten (10) days after the day on which she/he is notified in writing or on which she/he first becomes aware of the actions or circumstances giving rise to the grievance.

In an earnest effort to settle grievances fairly and promptly, the aggrieved

employee will submit the grievance to her/his Steward. If the employee’s Steward is absent she/he may submit her/his grievance to the Alternate Steward. At each step of the grievance procedure, the griever will be present.

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Step 1 – Complaint Stage It is understood that an employee will first attempt to settle any grievance of a non-disciplinary nature with the Director or Designate within ten (10) days of becoming aware of the complaint. The Director or Designate will respond in writing within ten (10) days of the receipt of the complaint.

Step 2 – Grievance Stage Failing satisfactory settlement being reached at the complaint stage or for any grievance of a disciplinary nature, the Steward will, within ten (10) days, submit a written statement of the particulars of the grievance and the redress sought to the Director or Designate who will submit the grievance to the Board of Directors. An emergency meeting of the Board of Directors shall be called and scheduled within ten (10) days to deal with the grievance. The Board of Directors shall reply in writing within ten (10) days of the date of the meeting.

Step 3 – Arbitration Stage Failing a satisfactory settlement being reached at Step 2, the Union may refer the dispute to arbitration within ten (10) days of receiving the Board of Director’s response at Step 2.

12.06 Discharge of Grievance Where a grievance relates to the discharge of an employee, the grievance

procedure shall start with the Board of Directors in accordance with Step 2. 12.07 Policy Grievance Where a dispute involving a question of general application or interpretation

of the Collective Agreement occurs, the Union and the Employer may institute a grievance procedure as per Article 12.08 and/or Article 12.09.

12.08 Employer Grievance The Board of Directors shall submit a written statement of the particulars of

the grievance and the redress sought to the Local President in accordance with the timelines described in Step 2.

12.09 Union Grievance Step 1

The Union representative shall submit the grievance to the Director or Designate in the manner described under Step 1.

Step 2 Failing satisfactory resolution within ten (10) days a written statement of the particulars of the grievance and the redress sought shall be submitted to the Director or Designate who will submit the grievance to the Board of Directors.

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An emergency meeting of the Board of Directors shall be called and scheduled within ten (10) days to deal with the grievance. The Board of Directors shall reply in writing within ten (10) days of the date of the meeting.

12.10 Arbitration Failing satisfactory settlement in Article 12.08 and/or Article 12.09, either

party may refer the grievance to arbitration. 12.11 Replies in Writing Replies to grievances stating reasons shall be in writing at all steps. 12.12 Facilities for Grievances The Employer shall supply the necessary facilities on the Employer premises

for grievance meetings. 12.13 Mutually Agreed Changes Any mutually agreed changes to this Collective Agreement shall form part of

this Collective Agreement and are subject to the grievance and arbitration procedure.

12.14 Technical Objection to Grievance No grievance shall be defeated or denied by any formal or technical

objection. An Arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and to render a decision, which (s)he deems just and equitable.

12.15 Amending of Time Limits The time limits fixed in the grievance procedure may be extended by consent

of the parties.

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ARTICLE 13 – ARBITRATION 13.01 Matters Submitted to Arbitration

Any dispute or grievance concerning the interpretation or alleged violation of this Agreement including any question as to whether a matter is arbitral which having been submitted as a grievance under Article 12, may then be submitted to Arbitration.

13.02 Composition of Board of Arbitration When either party requests that a grievance be submitted to arbitration, the

request shall be made by registered mail addressed to the other party of the Agreement, indicating the name of its nominee on an arbitration board. Within ten (10) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the arbitration board. The two (2) appointees shall then select an impartial chairperson.

13.03 Failure to Appoint

If the party receiving the notice fails to appoint a nominee or if the two (2) nominees fail to agree upon a Chairperson within ten (10) days of their appointment, the appointment shall be made by the Minister of Labour of the Province of Ontario upon request of either party.

13.04 Board Procedure The Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations. In its attempt to justice, the Board shall, as much as possible, follow a layman's procedure and shall avoid legalistic or formal procedures. It shall hear and determine the difference or allegation and render a decision within ten (10) days from the time the Chairperson is appointed

13.05 Decision of the Board

The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final, binding and enforceable on all parties, and may not be changed. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to amend a grievance, modify penalties or dispose of a grievance by any arrangement which it deems just and equitable.

13.06 Disagreement on Decision Should the parties disagree as to the making of the Board's decision, either

party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days.

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13.07 Expenses of the Board Each party shall bear the expenses of its own member and shall bear equally the expense of the Chair or the single Arbitrator and all other expenses of the arbitration.

13.08 Amending of Time Limits

The time limits fixed in the arbitration procedure may be extended by consent of the parties.

13.09 Single Arbitrator

Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

ARTICLE 14 – DISCHARGE, SUSPENSION AND DISCIPLINE 14.01 Right to have a Steward Present

An employee shall have the right to have her/his Steward present at any discussion with the Director or Designate or Board of Directors, which the employee believes might be the basis of disciplinary action involving a warning, suspension or discharge or where the Director or Designate intends to interview an employee for disciplinary purposes, the Director or Designate shall give the employee sufficient advance notice of the purpose of the interview in order to reasonably allow the employee to arrange for a Steward to be present at the interview.

14.02 Warning

Any warning shall subsequently be confirmed in writing to the employee and a copy shall be sent to the Union. Should the employee wish to reply in writing to the warning, the employee’s reply shall also become part of the employee’s personnel file.

14.03 Suspension/Discharge An employee who has been suspended or discharged shall be given the reason thereof at the time of suspension or discharge and within three (3) days of such suspension or discharge confirmation thereof shall be given in writing to the employee involved and a copy shall be sent to the Union.

14.04 Burden of Proof

In cases of discharge and/or discipline, the burden of proof of just cause shall rest with the Employer. In the subsequent grievance or arbitration, evidence shall be limited to the grounds stated in the discharge or discipline notice to the employee.

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14.05 Access to Personnel File

An employee shall have the right to access to and review their personnel file within forty-eight (48) hours written notice. An employee shall have the right to respond in writing to any document in their personnel file and such response shall become part of the personnel file.

14.06 Personnel File

The record of an employee shall not be used against her at any time after twenty-four (24) months following a suspension or disciplinary action.

ARTICLE 15 – SENIORITY 15.01 Seniority

Seniority shall play a role in promotions, transfers, layoffs, recalls and scheduling as set out within the Collective Agreement.

a) Seniority for permanent employees and contract employees shall

be from date of hire.

b) Seniority for supply employees shall be based on the number of hours worked based on one thousand nine hundred and fifty (1950) hours work equaling one (1) year of service.

c) In the event that a supply employee achieves permanent status in the bargaining unit, her/his seniority accrued as a supply employee will be used to calculate an adjusted date of hire for the purposes of placing the employee on the permanent employee’s seniority list.

15.02 Seniority List

The Employer shall maintain a seniority list showing the seniority of each employee. An up-to-date seniority list shall be sent to the Union and posted within the Centre in January of each year.

15.03 Loss of Seniority

An employee shall not lose seniority rights if she/he is absent from work because of sickness, disability, accident, layoff or leave of absence approved by the Employer.

An employee shall lose her/his seniority only in the event:

(a) She/he is discharged for just cause and is not reinstated;

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(b) She/he resigns in writing and does not withdraw within two (2) working days;

(c) She/he fails to return to work within ten (10) working days following a

layoff and after receiving notice by registered mail to do so, unless through sickness or other just cause;

(d) She/he is laid off for a period of longer than one (1) year.

(e) She/he abandons her position.

ARTICLE 16 – PROBATIONARY PERIOD 16.01 Newly Hired Employee

A newly hired employee shall be on probation for a period of six (6) months from her/his date of hire into a permanent position. After three (3) months, the Employer shall review the work performance of the employee and submit the evaluation to the employee.

Prior to the expiration of the six (6) month probationary period and upon

mutual agreement, between the Employer and the Union, an extension of up to two (2) months may be granted.

16.02 Rights of Probationary Employee

During the probationary period, the employee shall be entitled to all rights and benefits, except as noted in this Agreement.

16.03 Dismissal or Termination of Probationary Employee The dismissal or termination of a probationary employee shall not be the subject matter of a grievance and shall not constitute a difference under the provisions of the Collective Agreement, except when discrimination or harassment, as defined by the Ontario Human Rights Act, is alleged.

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ARTICLE 17 – PROMOTIONS AND STAFF CHANGES 17.01 Job Postings

When there is a temporary vacancy of greater than three (3) months or when a permanent vacancy occurs or a new position is created in the bargaining unit, the Employer shall post notice of the position on a Bulletin Board for a minimum of five (5) days so that all members within the Centre will know about the vacancy or new position. Positions shall be advertised within five (5) days of the vacancy. All other postings shall be filled within forty (40) days after initial posting date provided there are qualified internal candidates.

17.02 Information in Postings

Job Postings shall contain the following information: 1) Nature of position 2) Location 3) Hours of work 4) Required qualifications which encompass education, experience

language requirements and skills 5) Salary rate or range A copy of the job posting will be sent to the Union at the time of posting.

17.03 Outside Advertising The Employer may fill the position by considering outside applicants, provided that internal applicants have been processed and it is deemed that there are no qualified internal applicants.

17.04 Procedure for Absent Employees

Employees who are absent will provide the Employer with their addresses and phone numbers if they wish to be made aware of any vacancies.

17.05 Role of Seniority in Promotions and Transfers

Both parties recognize: (a) The principle of promotion within the service of the Employer; and, (b) That job opportunity should increase in proportion to the length of service. Therefore, in making staff changes, transfers or promotions within a Centre, appointments shall be made of the applicant with the greatest seniority where the required qualifications are met in accordance with Article 17.02.

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17.06 Trial Period The successful applicant shall be placed on trial for a period of three (3) months. Conditional on satisfactory service, the employee shall be declared permanent in the new position after the period of three (3) months. In the event the successful applicant proves unsatisfactory in the position during that trial period, or if the employee is unable to perform the duties of the new job classification, or if the employee does not find the work suitable, she shall be returned to her former position, wage or salary rate, without loss of seniority. Any other employee temporarily promoted or transferred because of the rearrangement of positions shall also be returned to her former position, wage or salary rate, without loss of seniority.

17.07 Notification to Employees and Union

Within seven (7) days of the date of appointment to a vacant position, the name of the successful applicant shall be posted on the bulletin board.

ARTICLE 18 – LAYOFFS AND RECALLS

18.01 Definition of Layoff A layoff shall be defined as a lack of work or a reduction in the work force.

18.02 Role of Seniority in Layoffs

Both parties recognize that job security shall increase in proportion to length of service. Therefore, provided that the remaining jobs continue to be filled with qualified employees, in the event of a layoff, an employee shall be laid off in the reverse order of seniority. A. laid off employee may exercise the following options: a) The employee who has received a notice of layoff can move to a

vacant position in the organization provided that the employee has the required qualifications which encompass education, experience, language requirements and skills to do the job without requiring additional training, other than a general orientation.

b) The employee who has received a notice of layoff can displace

another employee with lesser bargaining unit seniority provided the employee originally subject to layoff has the required qualifications which encompass education, experience, language requirements and skills to meet the normal requirements of the job with no additional training required, other than a general orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 16.05. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of her/his intention to do so and

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the position claimed within seven (7) days after receiving the notice of layoff.

In the event that an employee chooses to bump into a job classification with

more than one incumbent, the employee shall bump the least senior employee in that job classification.

It is understood that employees cannot improve their job status (e.g. move

from part-time to full-time or move to a higher-paying position) through the bumping procedure caused by a layoff.

It is understood that employees retain their seniority when they move within the organization.

18.03 Recall Procedures Employees shall be recalled in the order of their seniority provided that

employees have the required qualifications which encompass education, experience, language requirements and skills for the job to which they are called. When a vacancy occurs, employees on the recall list shall be notified of the vacancy and shall be given the opportunity to exercise their seniority rights in making application for the vacancy. Employees who have been laid off will be placed on a recall list for twelve months from the date of layoff.

18.04 No New Employees New employees shall be not be hired until those laid off have been given an

opportunity of recall in accordance with the provisions of Clause 18.03. 18.05 Advance Notice of Lay-Off

A contract employee shall be given at least two (2) weeks’ notice of termination of her/his position.

18.06 No Lay-Off and recall for Probationary Employees Layoff and/or recall shall be according to the principle of length of service

and requirements as specified in 18.02 and 18.03. Probationary employees shall be required to complete their probationary period following their recall.

18.07 Joint Action to Prevent Lay-Offs

The Employer and the Union agree to meet to participate in discussions to prevent layoffs.

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ARTICLE 19 – HOURS OF WORK 19.01 Regular Daily Hours

The regular daily hours of work shall be seven and one-half (7 1/2) consecutive hours between the hours of 7.30 a.m. and 6 p.m. The Daycare Centre’s regular hours of operation are from 7.30 a.m. to 6 p.m., Monday to Friday.

19.02 Regular Weekly Hours

The regular work week shall consist of thirty-seven and one-half (37 1/2) hours per week from Monday to Friday inclusive.

19.03 Lunch Break and Rest Periods

The employee is entitled to a daily one (1) hour lunch break, exclusive of the seven and one-half (7 1/2) consecutive working hours and one (1) scheduled thirty (30) minute rest period.

19.04 Work Schedule

The Director sets the work hours and the work schedule. The work schedule shall be posted at least two (2) weeks in advance in each program.

19.05 Part-Time Hours of Work

Upon the written request of the employee, the Director may approve part-time hours of work.

19.06 Proportional Hours Vacation leave and sick leave shall be made proportional to the hours worked.

19.07 Reporting Pay

An employee who reports to work for a scheduled shift shall receive a minimum of three (3) hours pay at straight time rates if work is not available for them.

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ARTICLE 20 – OVERTIME

20.01 Overtime Defined

Overtime means authorized work performed before or after the employee’s scheduled hours of work.

20.02 Overtime Rate

Overtime work shall be reimbursed at straight time off in lieu. This includes all staff meetings, day care events. At the discretion of the Director, this may also include the Annual General Meeting.

20.03 Emergency Situation

In case of an emergency situation, overtime will be paid at the rate of time and one half (1 1/2) times the regular hourly rate of pay or straight time off in lieu.

20.04 Authorization of Overtime

Prior authorization from the Employer is required before the employee undertakes any overtime work.

ARTICLE 21 – PAID STATUTORY HOLIDAYS 21.01 Paid Statutory Holidays

The Employer recognizes the following as paid holidays: New Year's Day Family Day* Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday (First Monday in August) *Employees shall be entitled to (1) floating holiday per year in lieu of Family Day. The employee will ask for and be granted the floater day off in lieu of Family Day ten (10) days in advance of the day requested.

21.02 Major Holidays of Other Faiths

Major religious holidays of other faiths will be granted upon the request of an employee of the denomination concerned, as a day without pay or annual leave.

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21.03 Holidays Falling on Saturday or Sunday When any of the above noted holidays fall on a Saturday or Sunday, then the proclaimed days will be designated as the holiday.

21.04 Compensation for Regularly Scheduled Work on a Holiday

(a) Permanent employees who would have been regularly scheduled to work will be paid as if they are at work for each statutory holiday as defined in Article 21.01. Permanent employees who are on a leave of absence without pay immediately prior to and immediately after the statutory holiday will not be entitled to payment for the statutory holiday.

(b) Supply employees will be paid for all statutory holidays as defined in

Article 21.01 using the following formula: Wages earned in the four (4) weeks prior to the statutory holiday divided by twenty (20).

ARTICLE 22 – VACATION LEAVE 22.01 Vacation Entitlement Year

The vacation year shall be the calendar year, January 1st to December 31st. 22.02 Vacation Leave Entitlement

(a) An employee with less than five (5) years of continuous service will earn and be granted three (3) weeks of vacation per year, which is earned at the rate of one and one-quarter (1 1/4) working days for each completed month of continuous service.

(b) An employee with five (5) years or more of continuous service will

earn and be granted four (4) weeks per year, which is earned at the rate of one and two-thirds (1 2/3) working days for each completed month of continuous service.

(c) After the completion of the probationary period, an employee will be

granted vacation leave in excess of the earned credits to the extent of 15 days credits per year. Vacation leave credits will be advanced to employees on the first day of the year and prorated on the start date of employment of the new employee.

(d) A supply employee will receive 4% vacation pay.

22.03 Maximum Annual Carry-Over of Vacation

No employee shall carry-over more than five (5) days earned vacation leave from the previous year without the consent of the Employer.

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All vacation leave carried over from the previous year must be taken during the current year.

22.04 Compensation for Holidays Falling Within Vacation Schedule

If a paid holiday falls on or is observed during an Employee's vacation period, she/he shall be allowed an additional vacation day with pay at a time mutually agreed upon by the Employer and the employee.

22.05 Scheduling of Vacations

a) Vacation Scheduling - Summer

All requests for time off during the summer vacation period (June 15th to September 15th of any calendar year) shall be submitted in writing to the Employer by March 1st of any year. The Employer will post the work schedule for the summer vacation period by April 1st of any year. Approval of vacation and other time off will be based on seniority provided that the Employer has sufficient replacement staff to meet the operational requirements of the Centre.

Supply employees who wish to work as replacement staff during the summer vacation period should submit their availability to the Employer by March 1st of each year. The Employer will schedule in order of seniority the supply employees who are available to fill the vacation openings.

Employees who do not submit their vacation request prior to March 1st of any year may have their vacation request approved provided that it does not disrupt the operational requirements of the Centre. Such requests will be considered on a first come first served basis.

b) Vacation Scheduling – Christmas Period

All requests for time off during the Christmas and New Years period (December 15th to January 15th) shall be submitted to the Employer by October 1st of any year. The Employer will post the work schedule of the upcoming Christmas and New Years period by November 1st. Approval of vacation and other time off will be based on seniority provided that the Employer has sufficient replacement staff to meet the operational requirements of the Centre.

Employees who do not submit their vacation request prior to October 1st of any year may have their vacation request approved provided that it does not disrupt the operational requirements of the Centre. Such requests will be considered on a first come first served basis.

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c) Vacation Leave – Probationary Period An employee earns but is not entitled to receive vacation leave with pay during the employee’s probationary period.

d) Vacation Scheduling - Other

All other requests for vacation leave will be submitted to the Director or Designate for approval as follows:

i Requests for vacation leave of six (6) days or more, will be

submitted at least fifteen (15) working days in advance of the vacation period requested;

ii Requests for vacation leave of three (3) to five (5) days will be

submitted at least five (5) working days in advance of the vacation period requested;

iii Requests for vacation leave of one (1) to two (2) days will be

submitted at least forty-eight (48) hours in advance of the vacation period requested;

If more than one employee submits a request for the same vacation period at the same time, the most senior employee will be given first consideration. Approval of such leave shall be subject to operational requirements but shall not be unreasonably denied.

22.06 Vacation Pay on Termination

When an employee or the Employer is terminating employment at any time in the vacation year, the employee shall be entitled to a proportionate payment in salary or wages in lieu of such vacation leave earned.

Where an employee is advanced vacation leave credits and terminates employment such advanced vacation credits shall be paid back to the Employer.

22.07 Vacation Pay on Retirement

Upon retirement, an employee who has earned and not taken her/his vacation leave credits shall be entitled to vacation or vacation pay.

22.08 Unbroken Vacation Period

An employee shall receive an unbroken period of vacation unless the employee requests otherwise and/or operational requirements do not permit.

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22.09 Approved Leave of Absence during Vacation Where an employee qualifies for sick leave, bereavement leave or any other approved leave during her/his period of vacation, there shall be no deduction from vacation credits for such absence. The period of vacation so displaced shall either be added to the vacation period or reinstated for use at a later date, at the employee’s request and with the approval of the Employer. The Employer may ask for reasonable proof of illness or bereavement should an employee claim entitlement under this clause.

ARTICLE 23 – SICK LEAVE 23.01 Sick Leave Defined

Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick or injured, or because of an accident for which compensation is not recoverable under any Workers Compensation Act.

23.02 Paid Sick Leave Eligibility

An employee is eligible for sick leave with pay when the employee is unable to perform duties due to illness or injury, provided that the employee informs the day care of her/his inability to perform work at the earliest possible opportunity and no later than one (1) hour prior to their scheduled shift beginning time, and the employee has sufficient sick leave credits. An employee who does not call in, and who does not provide a reasonable explanation for her/his failure to call in, shall forfeit sick pay for the time not worked.

23.03 Amount of Paid Sick Leave and Accumulation of Sick Leave Credits An employee with six (6) months of continuous service or more will receive

full pay for up to fifteen (15) days of sick leave within a calendar year.

In each calendar year, an employee receives fifteen (15) days of sick leave credits. An employee shall be able to carry-over unused sick leave credits from calendar year to calendar year up to a maximum of 30 sick leave credits. Full-time including contract employees shall earn sick leave at the rate of one and one – quarter (1 1/4) days for every month the employee receives pay for at least ten (10) days. Part-time including contract part-time employees shall earn sick leave on a pro-rated basis.

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23.04 Proof of Illness An employee may be required to produce a certificate from a medical practitioner for any illness of three (3) days or longer, certifying that she/he was unable to carry out her/his duties due to illness. On provision of a receipt, the Employer shall pay the cost of a medical certificate so requested.

23.05 Deductions from Sick Leave

A deduction shall be made from accumulated sick leave of all normal working days (exclusive of holidays) absent for sick leave.

23.06 Sick Leave during Lay-Off

When an employee is laid off on account of lack of work, she/he shall not receive sick leave credits for the period of such absence.

23.07 Sick Leave Records

In January of each calendar year, the Employer shall advise each employee, in writing, of the amount of sick leave accrued to her/his credit.

ARTICLE 24 – LEAVES OF ABSENCE

24.01 Leave of Absence for Union Function

The Union may request from the Employer a leave of absence with pay and without loss of benefits or seniority for employee(s) appointed or elected to represent the Union at Union conventions, seminars, and educational classes. The Union may request up to five (5) days, per calendar year, to be distributed amongst the employees at the Union’s discretion. This leave shall be used to conduct Union business .e.g. Union committees, conferences, executive meetings. Approval of such leave by the Employer shall be subject to operational requirements and will not be unreasonably denied.

24.02 Notice of Union Leave

The Union shall provide as much notice as possible, but in any event, the Union shall provide at least two (2) weeks’ notice of such leave requests.

24.03 Reimbursement for Union Leave

The Union agrees to reimburse the Employer for the costs of replacing the employee on Union leave under this Article. Such costs will be reimbursed by the Union within one (1) month of receipt of the Employer’s invoice.

24.04 Leave of Absence for Union or Public Office The Employer recognizes the right of an employee to participate in public

affairs. Therefore, upon written request, the Employer shall allow leave of absence so that the employee may be a candidate in Federal, Provincial or Municipal elections.

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24.05 Notification to Re-apply for Union or Public Office Leave An employee who is elected to public office shall be allowed a leave of

absence for a period of one (1) year, without pay and without benefits, but with no loss of seniority, during her/his term(s) of office. The employee must re-apply for such leave at the end of every term of office. Notification of such leave of absence shall be given in writing at least four (4) weeks in advance. This leave shall be renewed upon request by mutual agreement.

24.06 Union Leave

An employee who is elected or selected for a position with the Union, or anybody with which the Union is affiliated, shall be allowed a leave of absence for a period of one (1) year, without pay and without benefits, but with no loss of seniority. Such leave shall be renewed each year, on request, during her/his term of office.

24.07 Maintaining Qualifications While on Leave

It is the responsibility of the employee on leave to keep her/his qualifications up to date.

24.08 Paid Jury or Court Witness Duty Leave

The Employer shall grant leave of absence without loss of seniority to an employee, other than a supply employee, who serves as a juror or witness in any court. The Employer shall pay such an employee the difference between normal earnings and the payment received for jury service or court witness, excluding payment for travelling, meals or other expenses. The employee will present proof of service and the amount of pay received. Time spent by an employee required to serve as a court witness in any matter arising out of her/his employment, shall be considered as time worked at the appropriate rate of pay.

24.09 Paid Bereavement Leave

An employee shall be granted five (5) regularly scheduled consecutive work days’ leave, without loss of pay or benefits in the case of death of an immediate family member, which includes spouse, children (stepchildren), mother, father and anyone for whom the employee is legally responsible.

24.10 Family Members for whom Bereavement Leave Applies

An employee is granted up to three (3) days leave without loss of pay or benefits in the case of death of a close family member, which includes stepmother, stepfather, father-in-law, mother-in-law, sister (stepsister), brother (stepbrother), grandfather, grandmother, niece, nephew, brother-in-law, sister-in-law, daughter-in-law and son-in-law.

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24.11 Bereavement Leave for Distant Relative or Friend In the event of death of a distant relative or close friend, the employee shall be granted one (1) day of leave without loss of pay or benefits.

24.12 Additional Travel Days for Bereavement Leave

Where the burial occurs 200 km or more from the City of Ottawa for the death of an immediate or close family member, an employee is granted up to two (2) days leave without loss of pay or benefits.

24.13 Pregnancy Leave

A pregnant employee who has completed 13 weeks of service with the Employer, upon written request to the Director or Designate, shall be granted a leave of absence without pay for a maximum of 17 weeks.

24.14 Parental Leave

An employee who has completed 13 weeks of service with the Employer and who is the parent of a child shall, upon written request to the Director or Designate be granted a leave of absence without pay following the birth of the child or the coming of the child into the employee's custody, care and control for the first time. This leave shall span to a maximum of 35 weeks, if the employee has not taken pregnancy leave and to a maximum of 37 weeks if he/she has not taken parental leave.

24.15 Benefit Entitlements during Pregnancy/Parental Leave

Employees, who are eligible for Pregnancy and/or Parental leave as defined above, shall for the duration of the leave: (a) continue to accumulate service, seniority and sick leave credits in

accordance with Article 23, Sick Leave

(b) retain their increment date;

(c) retain their enrolment in Benefit Plans provided the employees make necessary arrangements to pay their share of the premium costs, where applicable;

24.16 Procedure upon Return from Pregnancy / Parental Leave

When an employee decides to return to work after pregnancy leave and/or parental leave, she/he shall provide the Employer with at least two (2) weeks' notice. On return from pregnancy or parental leave, the employee shall be placed at least in her/his former position. If the former position no longer exists, she/he shall be placed in an equivalent position.

24.17 Employees Not Utilizing Pregnancy or Parental Leave For Birth and

Adoption An employee may on the occasion of the birth of his/her child or the coming

into custody of his/her child, may in lieu of all other leaves in this article be

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entitled to one (1) week without pay for the birth or adoption of his/her child. Such an employee will provide the Employer whenever possible with, at least four (4) weeks written notice or a longer period.

24.18 Leave for Diseases and Conditions Harmful to Pregnancy

In accordance with the 1996 Health and Safety Manual for Licensed Child Care Facilities of Ottawa Carleton, Section J, Child Care Provider’s Health and/or any amendments thereto, a pregnant employee shall receive immediate leave of absence with full pay and benefits in the event that a known or suspected communicable disease/condition, which would be harmful to pregnancy, occurs in the Day Care Centre. This leave shall continue until all danger from such disease or condition ceases to exist.

Other medical issues not covered in the Manual shall be discussed between the employee and the Director or Designate.

Notwithstanding the above, every reasonable effort will be made to arrange a mutually acceptable transfer of staff within the Centre to begin after the incubation period of the employee’s exposure to the disease has elapsed.

24.19 Special Leave Special leave with pay to a maximum of five (5) working days per calendar

year will be granted to an employee as follows: (a) Illness in the employee’s household and/or immediate family:

- Up to five (5) days (b) Fire or other problem resulting in property damage in the employee’s

residence: -Two (2) days

(c) Medical, dental and legal appointments for the employee or his/her immediate family requiring absence from work.

- A half (1/2) day per occasion

(d) Moving a household: - One (1) day

(e) Birth of a child (for spouse)

- Up to five (5) days (f) Formal hearing to become a Canadian Citizen

- One (1) day

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24.20 Granting of Additional Special Leave The Board of Directors may grant other special leave following a review. Each written request will be dealt with on an individual basis and kept in the employee’s personnel file.

24.21 Paid Leave for E.C.E. Examinations

An employee shall be entitled to leave of absence with pay to write examinations to upgrade her/his employment qualifications pertinent to present employment.

24.22 E.C.E. Placement Leave without Pay

Employees who have completed their probationary period will be granted leave of absence without pay and benefits and without loss of seniority for E.C.E. field placements. It is understood that an employee who needs to complete her/his E.C.E. field placement is entitled to one (1) such placement per year.

24.23 General Leave and Education Leave without Pay

An employee may apply for a leave of absence without pay for up to a maximum of one year without loss of seniority. Such requests must be submitted in writing to the Director or Designate and are subject to the approval of the Employer. Such leave may be extended with the approval of the Employer. Such leave shall not be withheld without reason. The Employer shall have the right to consider the staffing needs and the stability of the programs in its decision.

24.24 Employer Payment of Employee Benefits During Leave Without Pay An employee who has worked at least ten (10) days will receive benefit coverage for that month and will be credited that month’s sick leave and vacation leave. Employees may opt to continue benefit coverage for the duration of their leave provided they cover the full costs of such benefits. The Employer has the right to request that the employee provide monthly post-dated cheques to cover the benefit costs.

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ARTICLE 25 – PAYMENT OF WAGES 25.01 Pay Days

The Employer shall pay salaries/wages bi-weekly, or as dictated by past practice, in accordance with Schedule "A" or Schedule “B” attached hereto and forming part of this Agreement. The Employer agrees to pay by cheque or direct deposit said salaries. On each pay, each employee shall be provided with an itemized statement of her/his salary/wages and other supplementary pay and deductions.

25.02 Higher Rate of Pay on Promotion or Reclassification

An employee temporarily assigned to a higher job classification shall receive the wage rate of the higher rated classification for the time that the employee performs that job. In the case of promotion or reclassification, the employee shall receive the higher rate of pay when the employee is promoted or reclassified. The date of promotion to the new classification shall become the anniversary date for application of salary progression.

25.03 Pay on Transfer to Lower Rated Job

When an employee is temporarily assigned to a position paying a lower rate, her/his rate shall not be reduced.

25.04 Equal Pay for Work of Equal Value

Employees shall receive equal pay for work of equal value, regardless of sex.

ARTICLE 26 – EMPLOYEE BENEFIT PLANS 26.01 Employer and Employee Contributions to Benefit Package

The Employer will continue to pay its current contributions of 60% of the premiums for the current benefit package consisting of group insurance (medical and dental plan, long term disability, life and dependent insurance and accidental death and dismemberment) and the Registered Retirement Savings Plan.

26.02 Eligibility for Benefit Plan

The Employer agrees to maintain the benefits outlined for permanent full-time employees provided by Les Services à l’enfance Grandir Ensemble. The benefits provided for in this Article shall not apply to permanent part time employees, contract employees of less than six (6) months and to supply employees.

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ARTICLE 27 – JOB DESCRIPTIONS 27.01 Job Descriptions

Job descriptions of all positions under the jurisdiction of the Union will be prepared and maintained by the Employer with a copy provided to the Union. These job descriptions shall be discussed, after a request by either party, at Labour Management Committee Meetings. These job descriptions shall become the recognized job descriptions unless the Union presents written objection within twenty (20) days.

27.02 Classifications

The classifications are listed in Schedule “A” of this Collective Agreement. 27.03 New Positions

When a new job position is created or established or whenever the duties of a job substantially increase, the Employer shall set a rate of pay for the job position that is consistent with Schedule “A” of this Collective Agreement. The new rate shall become retroactive to the time the new position was first filled by an employee.

27.04 Right to Grievance and Arbitration Procedure

If the Union disagrees with the classification and/or rate, it shall enter into negotiations with the Employer and, if the parties are unable to agree, the matter shall be submitted to the grievance and arbitration procedure.

ARTICLE 28 – EMPLOYEE PERFORMANCE REVIEW 28.01 Yearly Performance Evaluation

The Employer, on a yearly basis, will conduct an evaluation review. The employee shall be provided an Evaluation Form to complete a written self-evaluation submitted to the Director. The Director shall provide a written evaluation of the employee. Within sixty (60) days of the start of the process, the Director and the employee shall meet to discuss the Employee’s Performance Review.

28.02 Written Copy of Evaluation

A written copy of the Evaluation shall be provided to the employee. The employee will have the right to respond to the Evaluation through a written comment to be placed in her personnel file.

Evaluations shall be solely for the purpose of assisting the employee in her

development

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ARTICLE 29 – HEALTH AND SAFETY 29.01 Cooperation on Safety

The Union and the Employer shall cooperate in establishing rules and practices which promote a safe and healthy environment for employees.

29.02 Health and Safety Clothing and Equipment

The Employer shall provide all employees working in any unsanitary or potentially hazardous jobs with all the necessary protective equipment and protective clothing required. These shall be maintained and replaced, where necessary, at the Employer's expense.

29.03 Right to Monitor and Inspect

A Union Child Care Centre occupational health representative shall have the right to participate in the monitoring of the workplace for potential health and safety problems and to accompany government inspectors on inspection tours, where operational requirements permit. The Union shall be made aware of the results of all workplace inspections which will be posted on the staff bulletin board.

29.04 Injury Pay Provision An employee who is injured during working hours, and is required to leave for treatment or is sent home as a result of such injury, shall receive payment for the remainder of the shift at her/his regular rate of pay, without deduction from sick leave, unless a doctor or nurse states that the Employee is fit for further work on that shift.

29.05 Transportation of Accident Victims

Transportation to the nearest physician or hospital for employees requiring medical care as a result of an accident, which occurs in the course of employment, shall be at the expense of the Employer.

29.06 Health and Safety Grievance

Any Health and Safety concerns will be first addressed to the Director or Designate for immediate follow-up and resolve. Any concerns not resolved may be subject to the Grievance Procedure.

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ARTICLE 30 – JOB SECURITY 30.01 No Contracting Out

In order to provide job security for the members of the bargaining unit, the Employer agrees that work or services normally performed by the employees shall not be contracted out

If a position becomes vacant and the Employer is unable to fill the position as per Article 17 Promotions and Staff Changes, the Centre may consider contracting out the work. It will not do so without first consulting the Union. Such consultation will be to provide the Union with the opportunity to make alternative recommendations to the Board of Directors. Contracting out will be subject to mutual agreement between the parties.

ARTICLE 31 – UNION LABEL 31.01 In order that the general public shall be aware of the benefits of a Unionized

public service, the Employer shall allow the CUPE Union Label to be displayed in accordance with Sub-article 33.02.

ARTICLE 32 – CHILD / ADULT RATIO 32.01 The Employer and the Union agree that a reasonable ratio of adults to

children in a Day Care Centre is essential if the children's physical, intellectual and emotional needs and potentials are to be given proper attention. Therefore, the Employer agrees that the child/adult ratio shall not fall below the minimum established by the Ontario Day Nurseries Act or its successor.

ARTICLE 33 – GENERAL CONDITIONS 33.01 Proper Accommodation

An employee lounge and storage space for personal belongings shall be provided.

33.02 Union Bulletin Board

The Employer shall provide at least one Bulletin Board at each work place which shall be placed so that all employees will have access to them and

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upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the Employees.

33.03 Letter of Reference On termination of employment for any reason, the Employer shall provide a

letter of reference on request. 33.04 Termination of Employment

An employee who voluntarily terminates employment with the day care will endeavor, whenever possible, to provide the day care with a minimum of four (4) weeks' notice in order to facilitate continuity in the provision of services at the day care.

33.05 Professional Development The employee may, with the approval of the Director or Designate, attend

with pay short courses or conferences related to the individual's work, at a date mutually acceptable to the Employer and the employee.

At the request of the employee and subject to the authorization of the Director or Designate, the Employer may contribute, partially or fully, to the payment of such short courses or conferences.

Certain qualifications are required by the Employer (e.g. C.P.R. and First Aid), therefore the Employer shall provide this training. Should an employee not attend the training session provided by the Employer, the Employer will not fund the cost of certification or recertification by an outside provider.

ARTICLE 34 – COPIES OF COLLECTIVE AGREEMENT 34.01 The Union and the Employer desire every employee to be familiar with the

provisions of this Agreement and her/his rights and obligations under it. For this reason, the Employer shall provide sufficient copies of the Agreement, within thirty (30) days of signing.

ARTICLE 35 – TERM OF AGREEMENT 35.01 Duration of Agreement

This Agreement shall be binding and remain in effect from January 1, 2008 to December 31st, 2009 and shall continue from year to year thereafter unless either party gives to the other party notice in writing by October 1st in any year, that it desires its termination or amendment.

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SIGNED AT OTTAWA, this 5th day of the month of May, 2008. SIGNED ON BEHALF OF SIGNED ON BEHALF OF THE TUPPER TOTS DAYCARE CANADIAN UMION OF PUBLIC EMPLOYEES AND ITS LOCAL 2204

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SCHEDULE “A”

WAGES FOR PERMANENT EMPLOYEES Effective January 1, 2008 (New Wage Grid plus 2% economic increase) Classification Annual Wages Head Teacher Step 1 $31,146 Step 2 $32,405 Step 3 $33,714 Step 4 $35,076 Teacher Step 1 $27,548 Step 2 $28,662 Step 3 $29 820 Step 4 $31,024 Assistant Teacher Step 1 $25,860 Step 2 $26,905 Step 3 $27,993 Step 4 $28,134 Cook Step 1 $25,749 Step 2 $26,788 Step 3 $27,870 Step 4 $28,997 Collective Agreement Expiry of December 31, 2009.

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Effective January 1, 2009 (3% economic increase) Classification Annual Wages Head Teacher Step 1 $32,080 Step 2 $33,377 Step 3 $34,725 Step 4 $36,128 Teacher Step 1 $28,374 Step 2 $29,522 Step 3 $30,715 Step 4 $31,955 Assistant Teacher Step 1 $26,636 Step 2 $27,712 Step 3 $28,833 Step 4 $28,978 Cook Step 1 $26,521 Step 2 $27,592 Step 3 $28,706 Step 4 $29,867

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SCHEDULE “B”

WAGES FOR SUPPLY EMPLOYEES Supply Employees Hourly Rate Effective January 1, 2008: $12.00 per hour Effective January 1, 2009: $12.50 per hour Collective Agreement Expiry of December 31, 2009.

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LETTER OF UNDERSTANDING

LETTER OF UNDERSTANDING

Between TUPPER TOTS DAYCARE and CUPE and its Local 2204

Where operational requirement permit, the Employer will continue its existing practice on early closures. In such cases, the employee will have no loss of pay.

tupper tots day care garderie les tout …...collective agreement between tupper tots day care...

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