COLLECTIVE AGREEMENT

BETWEEN

REVERA LONG TERM CARE - carrying on business as -

ThorntonView Long Term Care (hereinafter referred to as the "Employer")

-and-

Unit No. 18

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1.CANADA (hereinafter referred to as the "Union")

(R.N.'S OSHAWA)

EFFECTIVE: JULY 1, 2014 EXPIRY: JUNE 30, 2016

ARTICLE PAGE

ARTICLE 1 - GENERAL PURPOSE ....................................................................................... 1 ARTICLE 2- BARGAINING UNIT OR SCOPE OF AGREEMENT .......................................... 1 ARTICLE 3- RECOGNITION .................................................................................................. 1 ARTICLE 4- CONTRACTING OUT AND WORK OF THE BARGAINING UNIT ..................... 2 ARTICLE 5- RELATIONSHIP ................................................................................................. 3 ARTICLE 6 - CHECK-OFF ...................................................................................................... 4 ARTICLE 7- NO STRIKES ..................................................................................................... 6 ARTICLE 8- MANAGEMENT RIGHTS ................................................................................... 6 ARTICLE 9- UNION GRIEVANCE COMMITTEE ................................................................... 6 ARTICLE 10- UNION ADMINISTRATIVE COMMITTEE AND STEWARDS .......................... 7 ARTICLE 11- GRIEVANCE PROCEDURE ............................................................................ 7

11.06 Grievance Procedure .............................................................................................. 8 11.07 Complaints and Grievances .................................................................................... 9 11 .09 Letters of Reprimand ............................................................................................. 1 0 11 .1 0 Professional Responsibility .................................................................................... 1 0 11.11 Local Health Integration Networks and Restructuring ............................................ 11 11.12 CMI/RAI MDS Report ............................................................................................ 11

ARTICLE 12 -ARBITRATION ................................................................................................ 12 ARTICLE 13- DISCHARGE CASES ...................................................................................... 13 ARTICLE 14- EMPLOYER GRIEVANCES ............................................................................ 13 ARTICLE 15- SENIORITY .................................................................................................... 14

15.07 Effect of Absence .................................................................................................. 16 15.09 Lay-off ................................................................................................................... 17 15.12 Benefits on Layoff .................................................................................................. 18

ARTICLE 16- JOB CLASSIFICATION & MINIMUM WAGE SCHEDULE .............................. 18 ARTICLE 17- PAY PERIODS ................................................................................................ 18 ARTICLE 18- LUNCH ROOM ................................................................................................ 19 ARTICLE 19- BULLETIN BOARDS ....................................................................................... 19 ARTICLE 20- JOB POSTING ................................................................................................ 19 ARTICLE 21 -RELIEF PERIOD ............................................................................................. 21 ARTICLE 22- HOURS OF WORK ......................................................................................... 21 ARTICLE 23 -WORK SCHEDULES ...................................................................................... 22 ARTICLE 24 -TEMPORARY TRANSFERS ........................................................................... 23 ARTICLE 25- PAID HOLIDAYS ............................................................................................. 24 ARTICLE 26 - SICK LEAVE ................................................................................................... 25 ARTICLE 27- HEALTH PLAN AND INSURANCE ................................................................. 27

27.02 E.l. Premium Reduction ............................................................................................ 29 27.04 Health and Welfare Benefits Grievances .................................................................. 30

ARTICLE 28- PENSION PLAN FOR EMPLOYEES OF PARTICIPATING ONTARIO NURSING HOMES ......................................................................................... 31

ARTICLE 29 - BEREAVEMENT ............................................................................................. 33 ARTICLE 30- PREGNANCY AND PARENTAL LEAVE OF ABSENCE ................................ 34

30.01 Preamble ............................................................................................................... 34 ARTICLE 31 -LEAVE OF ABSENCE .................................................................................... 38

31.07 Paid Educational Leave ......................................................................................... 38 ARTICLE 32- VACATIONS ................................................................................................... 39 ARTICLE 33- MINIMUM REPORTING ALLOWANCE ......................................................... .42

ARTICLE 34- WELFARE OF RESIDENTS AND EMPLOYEES ........................................... .43 ARTICLE 35- RULES AND REGULATIONS ........................................................................ .43 ARTICLE 36- JURY DUTY .................................................................................................... 43 ARTICLE 37- LEAVE OF ABSENCE FOR UNION BUSINESS ........................................... .43 ARTICLE 38- NEGOTIATING COMMITTEE ........................................................................ .44 ARTICLE 39- WAGE PROGRESSIONS .............................................................................. .44 ARTICLE 40- SHARED COST OF PRINTING COLLECTIVE AGREEMENT ...................... .45 ARTICLE 41 -NEW HIRES ................................................................................................... 45

41.01 New Hires .................................................................................................................. 45 ARTICLE 42- GENERAL ....................................................................................................... 45

42.03 Shift Premium ............................................................................................................ 45 42.04 Daylight Savings Time ............................................................................................... 46 42.05 Pay Days ................................................................................................................... 46 42.06 Uniform Allowance ..................................................................................................... 46 42.07 Recent & Related Experience .................................................................................. .47

ARTICLE 43- WORKERS SAFETY AND INSURANCE BOARD (WSIB) ........................... .47 ARTICLE 44- RETIREMENT AND PHYSICALLY HANDICAP ............................................. .49 ARTICLE 45- TRANSFER CLAUSE ....................................... : ............................................. 50 ARTICLE 46 - HEALTH & SAFETY ........................................................................................ 50 ARTICLE 47- IMPLEMENTATION ........................................................................................ 51 ARTICLE 48- DURATION OF CONTRACT ........................................................................... 51 ARTICLE 49- RETROACTIVITY ........................................................................................... 52 SCHEDULE "A"- SALARY SCHEDULE ............................................................................... 53 LETTER OF INTENT .............................................................................................................. 54 LETTER OF INTENT- RE: ACCUMULATION OF LIEU DAYS ............................................. 55 PAY EQUITY AGREEMENT .................................................................................................. 55 LETTER OF INTENT- EXTENDED TOURS .......................................................................... 57 LETTER OF INTENT- INDIVIDUAL SPECIAL CIRCUMSTANCE ARRANGEMENTS ......... 59 LETTER OF INTENT- WEEKEND WORKER ....................................................................... 61 LETTER OF INTENT .............................................................................................................. 65 LETTER OF UNDERSTANDING RE: APPLICATION OF ARTICLE 26.0 .............................. 68 SCHEDULE "A"- CERTIFICATE OF EMPLOYEE CONFIRMING ABSENCE ...................... 70 SCHEDULE "B"- MEDICAL CERTIFICATE OF INABILITY TO WORK ................................ 71 SCHEDULE "C"- MEDICAL CERTIFICATE OF READINESS TO RETURN TO WORK ...... 72

WHEREAS the Labour Relations Board of Ontario recognizes that both employers and employees should be free to organize for the conduct of negotiations between them;

AND WHEREAS the said Board has recognized the following classifications of employees of the Employer as an appropriate bargaining unit hereinafter referred to as "Employees":

ALL REGISTERED NURSES EMPLOYED BY ThorntonView Long Term Care, save and except supervisors and persons above the rank of Supervisor;

AND WHEREAS the Ontario Labour Relations Board has certified the Union to act as the Bargaining Agent;

NOW THEREFORE this Agreement witnesseth that:

ARTICLE 1 - GENERAL PURPOSE

1.01 The purpose of this Agreement is to establish an orderly relationship between the Employer and its employees and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees in the bargaining unit.

ARTICLE 2- BARGAINING UNIT OR SCOPE OF AGREEMENT

2.01 This agreement shall apply to all employees described by the Union certificate, and by the classifications set forth in the salary schedule appearing in Schedule "A".

2.02 A part-time employee is an employee who is employed on a scheduled basis for an average of twenty-two and one-half (22.5) hours per week or less, exclusive of overtime. ,

A casual part-time employee is an employee who is not regularly scheduled.

ARTICLE 3 - RECOGNITION

3.01 The Union is hereby established as the sole collective bargaining agency for the employees, and the Employer undertakes that he will not enter into any other agreement or contract with the employees either individually or collectively which will conflict with any of the provisions of this Agreement.

3.02 Both parties agree that it is essential to the successful operation of the Nursing Home and the welfare of the residents and employees, that employees follow promptly all orders given them within the scope of authority of the person giving them.

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3.03 The Union undertakes and agrees that the Union and the employees will respect and abide by the Employer's rules, regulations and practices, which may be in force from time to time, and are not contrary to this Agreement.

3.04 A Registered Nurse is defined as a person who is registered by the College of Nurses in Ontario in accordance with the Health Disciplines Act 1974 as amended. A Registered Nurse is required to file with the Director of Nursing by March 31st of each year, her current registration certificate or proof of payment.

3.05 For the purpose of interpretation, the masculine gender, wherever used herein, shall mean and include the feminine and vice versa and similarly the singular shall include the plural and vice versa as applicable.

3.06 Straight time hourly rate is defined as the hourly rate established by dividing the product of the monthly salary times twelve (12) by the regular weekly hours times fifty-two (52).

3.07 Individual Special Circumstance Arrangements

The Home and the Union may agree in certain circumstances, to adjust the schedule of an individual full-time employee who normally works seventy five (75) hours bi-weekly, to enable an average bi-weekly work assignment of sixty (60) to seventy five (75) hours.

a) Such an arrangement shall be established by mutual agreement of the Home and the Union and the employee affected. The parties agree that the arrangement applies to an individual, not to a position. The parties will agree to the scheduling provisions that will apply to the employee including that no additional shifts will be scheduled for employees working individual Special Circumstances Arrangements.

ARTICLE 4- CONTRACTING OUT AND WORK OF THE BARGAINING UNIT

4.01 The Nursing Home shall not contract-out any work usually performed by members of the bargaining unit if, as a result of such contracting-out, a lay-off of any employees other than casual part-time employees results from such contracting-out. Contracting-out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid-off with similar terms and conditions of employment is not a breach of this Agreement.

4.02 Persons excluded from the bargaining unit shall not perform duties normally performed by employee in the bargaining unit which shall directly cause or result in the lay-off or reduction in hours or work of an employee in the bargaining unit.

4.03 So long as a full-time position exists there will be no splitting up of that position into two or more part-time positions without the agreement of the Union, such agreement not to be unreasonably withheld.

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The Employer shall upon entry into the Service Agreement or the Service Accountability Agreement with the Ministry of Health and Long term Care or the Local Health Integration Network (LHIN) in respect of residents cared for by members of the bargaining unit and provide copies of such agreements to the Union.

A casual part-time employee is an employee who is not regularly scheduled.

ARTICLE 5 RELATIONSHIP

5.01 The Employer and the Union agree that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practised by any of their representatives with respect to any employee because of her membership or non-membership in the Union or activity or lack of activity on behalf of the Union or by reason of exercising her rights under the collective agreement.

5.02 There shall be no discrimination on the part of the Employer, the Union or any employees covered by this Agreement by reason of fact, creed, colour, marital status, sex, nationality, ancestry, place of origin, residence, age, political or religious affiliation or other factors not pertinent to performance with respect to employment, placement, promotion, salary determination or other terms of employment.

5.03 The Union and the Employer agree to abide by the Ontario Human Rights Code.

5.04 "Harassment" means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. ref: Ontario Human Rights Code, Sec.1 0(1 ).

(a) "Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, same-sex partnership status, family status or handicap". ref: Ontario Human Rights Code, Sec.5(2).

(b) "Every person who is an employee has a right to freedom from harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee,"(ref: Ontario Human Rights Code, Sec.7(2)).

5.05 It is further agreed that solicitation of members, collection of dues or other union activity will not be allowed to interfere with an employee's performance of duties.

The employee rights set out above shall be interpreted within the context of the Ontario Human Rights Code.

A nurse who believes that she has been harassed, contrary to this provision shall follow the process set out in the Complaint, Grievance and Arbitration procedure in

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a) Preamble

The Employer and the Union are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity. Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination, harassment and aggression.

Article 11 of the Collective Agreement prior to filing a complaint with the Ontario Human Rights Commission.

5.06 Violence in the Workplace

(a) The parties agree that violence shall be defined as any incident in which an employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse. The parties agree that such incidents will not be condoned. Any employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub-article (a) only, employees as referred to herein shall mean all employee of the Employer notwithstanding Article 20.1 .

(b) The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety· committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to employees who have faced workplace violence. These policies and procedures shall be communicated to all employees.

(c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review.

(d) The Employer agrees to provide training and information on the prevention of violence to all employees who come into contact with potentially aggressive persons. This training will be done during a new employee's orientation and updated as required.

(e) Subject to appropriate legislation, and with the employee's consent, the Employer will inform the Union within three (3) days of any employee who has been subjected to violence while performing his/her work. Such information shall be submitted in writing to the Union as soon as practicable.

ARTICLE 6 • CHECK-OFF

6.01 (a) The Employer agrees to forward a list of dues deductions in an electronic format designed by the Union showing the names, classifications, current addresses, phone numbers, Social Insurance numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence,

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hourly rate, hours worked, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made.

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

6.02 The Union will save the Employer harmless from any and all claims which may be made by employees for amounts deducted from pay as herein provided.

6.03 It is mutually agreed that arrangements will be made for a Union Representative to interview each new employee who is not a member of the Union once during the first thirty (30) days of employment for the purpose of informing such employee of the existence of the Union in the Nursing Home and of ascertaining whether the employee wishes to become a member of the Union. The Employer shall advise the Union monthly as to the names of persons listed for interview and the time and place on the premises of the Employer designated for each such interview, the duration of which shall not exceed fifteen (15) minutes. The Employer may, if it so desires, have a representative present at any such interview.

6.04 Such dues so deducted shall be turned over by the Employer to the Secretary-Treasurer of Service Employees Union, Local 1 Canada by the 25th day of each month.

6.05 The check-off list shall include the social insurance number of each employee who is stated on the said list.

6.06 The Employer will supply the Union with the name, current address, social insurance number, classification and other relevant information of the Employees with the first dues deduction.

6.07 The Union and its members shall hold the Employer harmless with respect to any liability which the Employer might incur as a result of deductions and remittances.

6.08 It is mutually agreed that the Union has the right to elect or otherwise select negotiating committee consisting of two (2) representatives; all members of the committee shall be regular employees of the Employer who have completed their probationary period. The Nursing Home members of the committee will be paid by the Employer for time used during normally scheduled working hours in negotiations of this Agreement or its successor including conciliation.

The Employer will recognize a Union Administrative Committee which shall consist of two (2) stewards selected by the Union, one of whom shall be the Chief Steward. The Employer shall be advised of the names of members of this committee and shall be notified of any changes from time to time. All members of the Committee shall be regular employees of the Employer who have completed their probationary period.

Where an employee representative commences on an extended leave of absence, the Union will endeavour to find a temporary replacement for the employee representative from within the Home.

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ARTICLE 7 · NO STRIKES

7.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts during the term of this agreement. The meaning of the words "STRIKE" and "LOCKOUT" shall be as defined in the Labour Relations Act, R.S.O. 1980, Chapter 228 as amended.

ARTICLE 8 · MANAGEMENT RIGHTS

8.01 The Union acknowledges that it is the exclusive function of the Employer to:

(a) determine and establish standards and procedures for the care, welfare, safety, comfort of the residents in the home;

(b) maintain order, discipline and efficiency, and to establish and enforce reasonable rules and regulations governing the health and conduct of employees, which rules and regulations may be primarily designed to safeguard the interests of residents and other persons in the Nursing Homes or Nursing Home grounds, provided that they shall not be inconsistent with the provisions of this Agreement;

(c) to hire, transfer, lay-off, recall, promote, demote, classify, assign duties, discharge, suspend, or otherwise discipline employees who have completed their probationary period for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. The discharge of a probationary employee shall be solely in the discretion of the Employer on a rational basis;

(d) to have the right to plan, direct and control the work of the employees and the operations of the Home.

This includes the right to introduce new and improved methods, facilities, equipment, and to control the amount of supervision necessary, the planning or splitting up of departments, work schedules, and the increase or reduction of personnel in a particular area or overall.

ARTICLE 9 ·UNION GRIEVANCE COMMITTEE

9.01 The Employer acknowledges the right of the employees to elect or otherwise select a Union Grievance Committee consisting of not more than two (2) employees (one of whom shall serve as Chief Steward), and each of whom shall be employees of at least six (6) months standing. The Employer will meet the Union Grievance Committee with respect to the settlement of complaints or grievances in the manner hereinafter provided.

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9.02 In order that there will be as little loss of wages and work as possible, the Union acknowledges that the members of the Union Grievance Committee have their regular duties to perform, and that as far as possible, all activities of the committee will be carried on outside the regular working hours of its members. If it is necessary for an employee representative to service a grievance during her working hours, she shall not leave her work without first obtaining permission from her immediate supervisor. If the grievor works under another supervisor, the employee representative must also obtain permission from the other supervisor. When resuming her regular work, she shall again report to her supervisor. Permission shall not be unreasonably withheld.

9.03 For the purposes of this Agreement including Articles 9, 10, and 38, the Union undertakes to inform the Employer of the names of all its representatives in the bargaining unit who will be dealing with the Employer.

ARTICLE 10- UNION ADMINISTRATIVE COMMITTEE AND STEWARDS

10.01 The Employer will recognize a Union Administrative Committee which shall consist of a Chief Steward and one (1) steward, selected by the Union, not more than two (2) of which committee members shall meet with management at any one time. The Employer shall be advised of the names of the members of this Committee and shall be notified of any changes from time to time. All members of the committee shall be regular employees of the Employer, who have completed their probationary period.

10.02 The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties and that as far as possible all activities of the Committee shall be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged.

Union-Management Committee composed of an equal number of representatives of the Employer and the Union. Meetings of this Committee shall be held at the request of either party, but no more than once quarterly, unless required, or more frequently as otherwise mutually agreed. The purpose of this Committee shall be to discuss matters relating to workload, scheduling matters, job content, government initiatives that will impact the bargaining unit, and other matters of mutual concern. Minutes of these meetings shall be maintained and signed by both parties. The role of Chairperson shall rotate between the parties.

Where a representative has a conflict of interest representing a member, she/he will ensure that an alternate representative is available.

ARTICLE 11- GRIEVANCE PROCEDURE

COMPLAINT STAGE

11.01 It is understood that an employee has no grievance until the matter has been verbally referred to his immediate supervisor and an opportunity has been given to adjust the complaint. The Employer shall keep the Union advised of the names of its supervisory staff.

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11.02 The limitations period set out within the grievance procedures may be extended by mutual agreement.

11.03 It is agreed that wherever a limitation period is set out within the grievance procedure, Saturdays, Sundays and Holidays are to be excluded in the computation of any limitation period.

11.04 A grievance must contain a short statement of the complaint or grievance and a brief statement of the relief sought.

11.05 It is agreed that if the party filing the grievance does not process it from one step to the next within the time limits stated, the grievance will be considered dropped by the party responding the grievance.

11.06 Grievance Procedure

(a) Individual Grievance

A grievance under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this agreement, including any questions as to whether the matter is arbitrable, and an allegation that this agreement has been violated.

(b) Policy Grievance

The Union may institute a grievance consisting of an allegation of a general misinterpretation or a violation by the Employer of this Agreement in writing at Step Number (2) of the grievance procedure providing that it is presented within ten (1 0) working days after the circumstances which gave rise to the grievance originated or occurred. However, it is expressly understood that the provisions of this clause may not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate as an individual or group grievance and the regular grievance procedure shall not be thereby bypassed.

(c) Group Grievance

Where a number of employees have similar grievances and each employee would be entitled to grieve separately, they may present a group grievance identifying each employee who is grieving to the department Head or his/her designate within seven (7) days after the circumstances giving rise to the grievance had occurred, or ought reasonably to have come to the attention of the employees. The grievance shall then be treated as being initiated at Step Number two (2) and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

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Grievance and Arbitration Procedure

11.07 Complaints and Grievances

(a) All complaints and grievances shall be taken up in the following manner:

Step No.1

An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. At this stage, the employee may be accompanied by a Union Steward, if he so desires. The Supervisor shall reply to the employee, giving the answer to the complaint or question within three (3) working days from date of submission.

Step No.2

If the grievance is not settled, the aggrieved employee may submit his grievance to the Department Head, who shall consider it in the presence of the person or persons presenting same and the Supervisor, and render his decision in writing. The aggrieved employee shall have the assistance of his Steward, if he so desires.

Should no settlement satisfactory to the employee be reached within four (4) working days, the next step in the grievance procedure may be taken at any time within four (4) working days thereafter.

Step No.3

If further action is then to be taken, the grievance shall be submitted in writing to the Executive Director within five (5) working days of receipt of the Supervisor's reply and within a further three (3) working days of receipt of the written grievance, a meeting of the Executive Director or his designate and his committee and a Union committee, which shall include an SEIU Union Representative, shall take place and the Executive Director shall have three (3) working days to study the matter and make his reply.

If the reply of the Executive Director, or his designate, is not satisfactory to the employee, the matter may then be submitted to arbitration and the following rules governing arbitration must apply. The notification of arbitration must be made within ten (1 0) working days after Step No. 3 above is completed.

Where the employee's immediate Supervisor and Department Head are one and the same person, Step No. 2 will be omitted and the grievance may proceed from Step No. 1 to Step No. 3.

11.08 Whenever any difference arising from the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, cannot be settled within five (5) days after it has been discussed at the meeting at Step No.3, between the Union Committee and the Employers' representatives, such difference or question may be submitted to arbitration as

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hereinafter provided if the request is made in writing within ten (1 0) days after the decision is given in Step No. 3, as set out in paragraph one.

In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. Such representatives undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when said representative is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the employee's choice.

11.09 Letters of Reprimand

Letters of reprimand are to be removed from an Employee's personnel file after twelve (12) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of incidents involving residents in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the twelve (12) month period noted above.

Suspension

Records of suspension are to be removed from an Employee's personnel file after eighteen (18) months from the date of discipline, provided that the Employee has remained discipline free during that period, except in the case of incidents involving residents in which case the record will remain on file if the complaint is not reversed through settlement or arbitration. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the eighteen (18) month period noted above.

Having provided a written request to the Administrator at least one (1) week in advance, an employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein in the presence of a supervisor at a mutually satisfactory time. It is understood and agreed that an employee is not entitled to see job references.

11.1 0 Professional Responsibility

In the event that the Home assigns a number of residents or a workload to an individual employee or group of employees, such that she or they have cause to believe that she or they are being asked to perform more work than is consistent with proper resident care, she or they shall:

(a) (i) Complain in writing to the Union-Management Committee within twenty (20) calendar days of the alleged improper assignment. The chairperson of the Union-Management Committee shall convene a meeting of the Union-Management committee within twenty (20) calendar days of the filing of the complaint. The Union-Management Committee shall hear and attempt to resolve the complaint to the satisfaction of both parties.

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(b)

(ii) Failing resolution of the complaint within twenty (20) calendar days of the meeting of the Union-Management Committee, the complaint shall be forwarded to an Independent Assessment Committee composed of three (3) registered nurses; one chosen by the Service Employees International Union, one chosen by the Home and one chosen from a panel of independent registered nurses who are well respected within the profession. The member of the Committee chosen from the panel of independent registered nurses shall act as Chairperson. This provision shall apply to all current employees at July 1, 2002.

(iii) The Assessment Committee shall set a date to conduct a hearing into the complaint, within twenty (20) calendar days of its appointment, and shall be empowered to investigate as is necessary to properly assess the merits of the complaint. The Assessment Committee shall report its findings, in writing, to the parties within twenty (20) calendar days following completion of its hearing.

(i) The list of Assessment committee Chairpersons is attached as Appendix "8".

The members of the panel shall sit in rotation as agreed by the parties. If a panel member is unable to sit within the time limit stipulated, the panel member next scheduled to sit will be appointed by the parties.

(ii) Each party will bear the cost of its own nominee, and will share equally the fee of the Chairperson, and whatever other expenses are incurred by the Assessment Committee in the performance of its responsibilities as set out herein.

11.11 Local Health Integration Networks and Restructuring

In the event of a health service integration with another service provider the Employer and the Union agree to meet.

a) The Employer shall notify affected employees and the Union as soon as a formal decision to integrate is taken.

b) The Employer and the Union shall begin discussions concerning the specifics of the integration forthwith after a decision to integrate is taken.

c) As soon as possible in the course of developing a plan for the implementation of the integration the Employer shall notify affected employees and the Union of the projected staffing needs, and their location.

11.12 CMI/RAI MDS Report

Recognizing the mutual objective of quality resident care, the Employer agrees to meet through the Union Management Committee with the Union as soon as practicable after

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the receipt of the annual CMI/RAI MDS report. The Employer agrees to provide the Union with staffing levels, and staffing mix information; the impact of related payroll costs on staffing levels and a written notice of the CMI/RAI MDS report for the facility.

The purpose of this meeting is to discuss the impact of the CMI/RAI MDS report on the staffing levels in the Home, quality resident care, and provide the Union with an opportunity to make representation in that regard. The parties shall meet as necessary to discuss other changes or workload issues.

The parties may invite additional participants to attend the meeting to support constructive review and discussion.

ARTICLE 12 • ARBITRATION

12.01 When either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party of the agreement, and shall contain the name of the nominee to the Arbitration Board of the party requesting arbitration. The recipient of the notice shall within seven (7) days thereafter notify the other party in writing of the names of its nominee to the Arbitration Board.

The two nominees shall endeavour within ten (1 0) days to agree upon a third member and Chairman of the Arbitration Board, and it is understood that if the two nominees fail to agree upon a chairman, the chairman shall be appointed by the Minister of Labour for the Province of Ontario.

By mutual agreement of the parties a sole arbitrator may be appointed instead of a three panel board.

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

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

12.04 Each of the parties to this Agreement shall bear the fees and expenses of their own nominee and witnesses, and the fees and expenses of the Chairman shall be shared equally between the parties.

12.05 The Board of Arbitration shall not be empowered to make any decision inconsistent with the provisions of this Agreement, nor, shall they alter, modify or amend any part of this Agreement. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement, including a question as to whether a matter is arbitrable shall be arbitrable.

12.06 The decision of the majority of the Arbitration Board shall be final and binding on both parties as well as upon all employees affected, but in the event there is no majority decision, the decision of the Chairman shall then be the decision of the Board.

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12.07 At any stage of the Grievance Procedure including Arbitration, the parties may have the assistance of the employee or employees concerned as witnesses and any other necessary witnesses. All reasonable arrangements will be made to permit the conferring parties or the Arbitrator to have access to any part of the Nursing Home or view any working conditions which may be relevant to the settlement of the grievance.

12.08 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party.

12.09 Mediation Language

The parties may agree that there are circumstances where the services of a grievance mediator may allow for an objective, independent review of the issue(s) in dispute and assist the parties in resolving grievances. By mutual agreement the parties may extend the time limits and utilize the services of a Mediator.

The cost of the Mediator will be shared between the parties.

ARTICLE 13 - DISCHARGE CASES

13.01 A claim made by an employee who has completed her probationary period, that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Executive Director or his authorized deputy of Versa-Care, Oshawa, within four (4) days after the employee ceases to work for the Nursing Home. Such grievance will be taken up at a special meeting with the Union Administrative Committee.

13.02 Such special grievance may be settled by confirming the Employer's action in dismissing the employee or by reinstating the employee with full compensation for time lost, or by other arrangements which are just and equitable in the opinion of the conferring parties.

ARTICLE 14- EMPLOYER GRIEVANCES

14.01 It is understood that the Employer has access to the grievance procedure in the same manner as employees and that he may bring forward at any meeting held with the Union Grievance Committee any complaint or grievance with respect to the conduct of the Union, its officers or Committee members, or employees, and that, if such complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to arbitration in the same way as a grievance of an employee.

ARTICLE 15- SENIORITY

Full Time

15.01 (a)

(b)

Part Time

Seniority is the ranking of employees in accordance with their length of employment from their date of hire.

Both parties agree that the relative ability and willingness of an employee shall be the primary consideration in all matters arising out of this article.

(c) Seniority shall be expressed in the number of hours worked and paid for or not worked and paid for by the employer since the last date of hire.

(d) A new employee shall be known as a probationary employee until she has worked a period of fifty (50) working days or three hundred and seventy-five (375) hours. It is agreed that the dismissal or lay off of a probationary employee shall not be made the subject of a grievance.

15.02 The Employer undertakes to observe the seniority of employees so far as it is practicable to do so having regard for the fact that employees are assisting in the operation of a Nursing Home which must be operated with primary concern for the health and welfare of its residents and other persons in the Nursing Home or Nursing Home grounds.

15.03 The Union acknowledges that under these circumstances the Employer's considered judgment as the efficiency or suitability of any employee for any particular job must be the prime consideration, and that the function of the Union in dealing with complaints or grievances arising out of this article will generally consist of ascertaining that all relevant facts and circumstances have been adequately considered by the Employer. With this understanding, seniority will apply to promotion, demotions, transfers and to reductions of staff.

15.04 In cases of lay-offs and recalls, the lay-offs shall be in strict compliance with seniority, that is, last person hired, first person laid off. In cases of recall following lay-offs, the order of recall shall be reverse to lay-off.

Loss of Seniority

15.05 An employee shall lose all seniority and her employment shall be deemed to be terminated if she;

(a) voluntarily resigns, retires or is discharged for just cause; or

(b) is absent from work for more than thirty-six (36) months by reason of illness or other physical disability and there is no reasonable likelihood the employee will return to work within the near future; or

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(c) is absent from work for more than thirty-six (36) months by reason of lay off; or is absent from work for more than thirty-six (36) month by reason of absence while on WSIB and there is no reasonable likelihood the employee will return to work within the near future; or

· (d) is absent from work without a reasonable excuse for more than three (3) consecutive days for which she is scheduled to work.

(e) employees who are on leave of absence will not engage in gainful employment on such leave and if an employee does engage in gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer.

(f) An employee who has been granted a leave of absence of any kind and who overstays her leave, unless she obtains permission or provides a satisfactory explanation, shall be considered to have terminated her employment without notice.

(g) The Union and the Employer agree to abide by the Human Rights Code.

(h) Casual employees who refuse to accept a minimum of one shift in a 3 month period, for any reason other than disability or approved leave of absents will lose seniority and considered resigned and removed from the seniority list.

15.06 Whenever they are used in the Collective Agreement, the terms seniority and service shall be deemed to refer to length of employment under to the following conditions.

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

(b) During an unpaid absence exceeding thirty (30) continuous calendar days other than an absence under the maternity provisions, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended, the benefits concerned appropriately reduce on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits in which he/she is participating for the period of the absence. An employee on maternity leave continues to be responsible for full payment of subsidized employee benefits in which she is participating for the period of the absence.

(c) Seniority for purposes of lay-off, recall, job posting or other non-economic reasons shall accrue up to thirty-six (36) months when an employee is absent due to W.S.I.B.

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15.07 Effect of Absence

Whenever they are used in the Collective Agreement, the terms seniority and service shall be deemed to refer to length of employment subject to the following conditions:

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

(b) During an absence not paid by the Employer exceeding thirty (30) continuous calendar days credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended; the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits in which he/she is participating for the period of the absence exceeding thirty (30) continuous calendar days. The employee may continue these benefits, at his/her own expense, for up to twelve (12) months by providing post-dated cheques covering the employer and employee premiums for each month of absence. If the employee fails to make the required payment in a timely manner, benefits will be terminated.

(c) It is further understood that during such leave of absence, not paid by the Employer, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for a period of thirty-six (36) months if an employee's absence is due to a disability resulting in W.S.I.B. benefits.

(d) Benefits/Workers Compensation Board, Paid Leave

The Employer shall continue to pay premiums for benefit plans for employees who are on paid leave of absence or W.S.I.B. if the employee continues their contributions towards said benefits. It is understood that the obligation of the Employer, to pay the aforesaid benefits while on W.S.I.B. shall continue for up to thirty-six (36) months following the date of the injury.

(e) For purposes of this provision, it is understood and agreed that employees on absence receiving either Weekly Indemnity or income from the old sick leave bank will be considered on leave with pay.

15.08 Seniority Lists

The Employer shall supply the Union Office and Chief Stewards a set of seniority lists, by department, in January and July of each year, showing alphabetically, employees' names, classifications, and their seniority starting dates provided part-time employees will have their seniority expressed in hours where applicable.

Part-time seniority will be based on 1 ,500 hours paid equal to one year.

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15.09 Lay-off

.01 In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least 6 weeks notice. This notice is not in addition to required notice for individual employees .

. 02 In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act.

However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows:

- if her service is greater than 9 years - 9 weeks notice

- if her service is greater than 10 years - 1 0 weeks notice

-if her service is greater than 11 years- 11 weeks notice

- if her service is greater than 12 years - 12 weeks notice

.03 It is understood that permanent or long-term means a lay-off which will be longer than thirteen (13) weeks.

15.10 Lay-off and Recall

(a) Employees shall be laid off in the reverse order of their seniority within the facility, provided that the remaining employees are fully qualified and willing to do the work which is available.

(b) Employees shall be recalled in reverse order of lay-off provided that such employees are fully qualified and willing to do the work which is then available.

(c) It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work within ten (1 0) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer.

(d) A laid off employee shall retain the rights of recall for a period of thirty-six (36) months.

15.11 An employee whose status is changed from part-time to full-time shall receive credit for her full seniority and service on the basis of one (1) year of seniority for each 1,500 hours paid. Any time worked in excess of an equivalent shall be prorated at the time of transfer.

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An employee whose status is changed from full-time to part-time shall receive credit for her full seniority and service on the basis of 1 ,500 hours paid for each year of full-time seniority. Any time worked in excess of an equivalent shall be prorated at the time of transfer.

15.12 Benefits on Layoff

In the event of a lay-off, provided the employee deposits with the Home her share of insured benefits for the succeeding month (save for weekly indemnity for which laid-off employees are not eligible) the Employer shall pay its share of the insured benefits premium for a period up to three (3) months from the end of the month in which the lay-off occurs, or until the laid-off employee is employed elsewhere, whichever comes first.

Note: For purposes of lay-offand recall, full-time and part-time seniority will be deemed to be merged. It is understood and agreed that if a part-time employee bumps a full-time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only.

It is understood and agreed that if a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only.

For these purposes, 1 year full-time seniority = 1500 hours part-time seniority.

The Union and the Employer agree to abide by the Human Rights Code.

ARTICLE 16- JOB CLASSIFICATION & MINIMUM WAGE SCHEDULE

16.01 The Employer agrees for the duration of this Agreement to maintain job classifications and to pay not less than the rate of wages set opposite the said classifications in accordance with Schedule "A" appended hereto.

WORK SCHEDULES

ARTICLE 17- PAY PERIODS

17.01 The employees will be paid on a bi-weekly basis every second Thursday, pay to be computed up to and including the previous Sunday.

17.02 In the event of an error on an employee's pay, the correction will be made in the pay period following the date on which the overpayment comes to the Employer's attention. If the error results in an employee being underpaid by 1 day's pay or more, the Employer will provide payment for the shortfall within three (3) business days from the date it is notified of the error.

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17.03 When an employee is called back to work after leaving the Nursing Home premises upon completion of his shift, such employee will receive a minimum of four (4) hours pay at straight time rates, or actual hours worked at time and one-half his regular rate of pay, whichever is the greater. It is understood that this provision shall not apply in the case of employees required to work immediately prior to the commencement of their regular shift.

(a) "Call-In" shall mean the calling in to work at the employer's request of an employee on an assigned day off as per the posted schedule.

(b) Employees who are called in will be paid overtime at the rate of time and one-half (1 1/2) for all hours worked, except in the case of employees who are scheduled to work less than 75 hours in a 2 week pay period who shall qualify for overtime rates on a call in for hours in excess of 75 hours of work in the 2 week pay period

(c) Where the call in is requested within one half hour of the starting time of the shift and the employee commences work within 1 hour of the call, then the employee will be paid as if the entire shift had been worked, provided she completes the shift for which she was called in.

(d) If the employee reports for work within 1 hour of the request for call in then the Employer will guarantee a minimum of 4 hours work.

ARTICLE 18 - LUNCH ROOM

18.01 Whenever employees bring their own lunch, a lunch room and locker facilities will be provided for their convenience when they are available.

ARTICLE 19- BULLETIN BOARDS

19.01 The Employer will provide bulletin board space in areas designated by the Employer for the purpose of posting notices regarding meetings and other matters restricted by Union Activity. All such notices must be signed by an Officer of the Local Union prior to being posted.

ARTICLE 20 - JOB POSTING

20.01 If a vacancy occurs in a position senior to basic classifications within the bargaining unit, such vacancy shall be posted for a period of ten (1 0) calendar days, and employees shall apply for promotion to the vacant position, in writing to their immediate supervisor, within the said period. A copy of the posting will be sent to the Chief Steward.

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In all cases of application(s) for promotion all the following factors shall be considered:

(a) qualifications for, and ability to perform work;

(b) physical fitness for the position;

(c) seniority

20.01 In the event new jobs are created or vacancies occur in existing job classifications including new positions created for a specific term or task (unless the Employer notifies the Union in writing that it intends to postpone or not fill a vacancy), The Employer will post such new jobs or vacancies for a period of ten (1 0) calendar days, and shall stipulate the qualifications, classification, rate and department concerned before new employees are hired, in order to allow employees with seniority to apply.

The Employer agrees to provide the chief steward with a copy of each job posting. The parties agree that an administrative oversight in this regard does not void the job posting.

20.02 If no applications are received by 10:00 a.m. of the tenth (1 0) days following the posting, the Employer may fill the vacancy at his discretion.

20.03 Until the vacancy is filled, the Employer may fill the vacancy at his discretion on a temporary basis.

20.04 Applicants for a posted job must notify the Supervisor in charge of their candidacy. In cases where two or more employees apply, the Employer shall consider the skill, ability, seniority and physical fitness of the applicants. In cases where two or more candidates are, in the Employer's opinion, equally matched, the Employer shall award the job to the most senior applicant on a one ( 1) month's trial basis. The employee shall have the right to return to her former job with no loss of seniority.

20.05 The Employer agrees to consider the seniority of employees in making promotions, demotions, transfers, staff reductions and in re-hiring. In cases of promotions, demotions, or permanent transfers of employees, the skill, qualifications and physical fitness of the employees shall be considered. Where these things are equal, seniority shall be the determining factor.

20.06 If in the Employer's opinion, (and the reasonableness of such opinion may be the subject of a grievance), no applicant is qualified to perform the required work, the Employer may fill the vacancy at its discretion.

20.07 The Employer will discuss with unsuccessful applicants, ways in which they can improve their qualifications for future postings.

20.08 Where vacancies are posted for positions within the full-time bargaining unit and no applicants within the full-time unit are successful in obtaining the positions, applications submitted for such posting from part-time employees will be considered prior to consideration of persons not employed by the home. In the event one or more part-time employees apply, the employer shall consider the qualifications, experience,

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ability and seniority of the applicants. Where these factors are equal, the applicant with the greatest seniority shall fill the vacancy provided she can perform the work.

20.09(a) Job Security (Part-time) Subsection (a)

Part-time: Subject to the provisions with respect to permanent transfers a full-time employee covered by this Agreement, changing his/her status to that of a part-time employee shall retain his/her corporate seniority and his/her classification seniority. Upon entering into a part-time status, he/she shall suffer no loss of wage rate and will then progress in seniority and the wage rate increase in the same manner as other part-time employees covered by this Agreement.

(b) (Full-time) Subsection (b)

Full-time: Subject to the provisions with respect to permanent transfers a part-time employee covered by this Agreement, changing his/her status to that of a full-time employee shall retain his/her corporate seniority and his/her classification seniority. Upon entering into a full-time status, he/she shall suffer no loss of wage rate and will then progress in seniority and the wage rate increase in the same manner as other full-time employees covered by this Agreement.

ARTICLE 21 • RELIEF PERIOD

21.01 There shall be a paid fifteen (15) minutes break period during each half shift at times designated by the Employer.

ARTICLE 22 • HOURS OF WORK

22.01 For the Nursing staff, there shall be three (3) shifts. The first shift shall commence at 11:00 p.m. and shall finish at 7:15 a.m.; the second shift shall commence at 7:00 a.m. and shall finish at 3:15 p.m.; the third shift shall commence at 3:00 p.m. and shall finish at 11:15 p.m. Shift hours may change if agreed upon by the parties to this Agreement.

22.02 The regular bi-weekly work period for all employees shall be seventy-five (75) hours exclusive of meal time. This means that employees must report to their respective supervisors in uniform and remain in uniform for the full working shift.

22.03 Overtime shall be paid for all authorized hours worked over 7 1/2 hours in a shift or seventy-five (75) hours bi-weekly, at the rate of time and one-half the employee's regular straight time rate of pay.

22.04 An employee shall not be required to work more than seven and one-half (7 1/2) hours in any consecutive eight (8) hour period.

22.05 Employees will be allowed breaks within the shift without reduction in pay and without increasing the regular working hours as follows:

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Shift Length

- up to and including 5.5 hours -more than 5.5 hours

Breaks

1 - 15 minutes 2 - 15 minutes

In addition to the above, any shift over 5 hours will also have a % hour unpaid lunch within the shift.

22.06 Schedules of work shall be posted no less than one week, and preferably two weeks in advance of the commencement of the schedule. Employee requests for specific days off must be submitted to the Executive Director, one week in advance of the posting.

22.07 Each employee shall be allowed four (4) days off bi-weekly whenever possible, but not necessarily with two (2) consecutive days off weekly.

22.08 Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked.

22.09 If an employee is required to work an extra full shift, there shall be seven and one-half (7 1/2) consecutive hours as overtime and one meal will be supplied free in addition to any overtime rates paid.

22.10 Authorized leave of absence for Union business, sick leave, vacations and statutory and civic holidays shall be considered as time worked in the computation of overtime pay.

22.11 An employee who is absent on paid time during his scheduled work week because of sickness, Workers' Compensation, bereavement, holidays, vacation or union leave on scheduled days of work, shall be considered as if he had worked during his regular scheduled hours during such absence for the calculation of eligibility for overtime rates.

ARTICLE 23 -WORK SCHEDULES

23.01 The Employer will endeavour to arrange shifts such that there will be a minimum of twenty-four (24) hours between the beginning of shifts and the changeover of shifts and forty (40) hours if there is one day off and sixty-four (64) hours if there are two days off between the changeover of shifts. In the event employees of their own accord and for their own personal convenience, arrange to change shifts, the conditions of article 23.04 shall apply in all respects.

23.02 No employee shall be scheduled to work more than seven (7) consecutive days without being given two or more days off work provided however, that the overtime rate of one and a half (1 1/2) times the employees applicable hourly rate shall be paid for any days worked over seven (7) consecutive days, except in the case of an exchange of shifts between employees.

23.03 The Employer will endeavour to arrange shift schedules such that all employees will receive one weekend off in three. This scheduling provision does not apply when

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employees mutually agree to exchange shifts or when an employee accepts or requests a shift at her own discretion.

23.04 In the event employees of their own accord, for their personal convenience arrange to change shifts with appropriately qualified other employees, with the prior approval of the Director of Care or her designate, the Employer agrees not to interfere but reserves the right to request a signed statement from such employees and shall not be responsible or liable for overtime rate claims and non-compliance with the above exchange of shifts. Such permission shall not be unreasonably denied.

23.05 Employees on staff prior to the commencement of the summer vacation period shall be given the first opportunity to fill available hours caused by vacation. An employee exercising her option shall not, as a result of such extra work, change her employment status (i.e. part-time, full-time).

23.06 Innovative Scheduling

Schedules which are inconsistent with the Collective Agreement provisions may be developed in order to improve quality of working life, support continuity of resident care, ensure adequate staffing resources, and support cost-efficiency. The parties agree that such innovative schedules may be detern1ined locally by the Home and the Union subject to the following principles:

a) Such schedules shall be established by mutual agreement of the Home and the Union;

b) These schedules may pertain to full-time and/or part-time employees;

c) The introduction of such schedules and trial periods, if any, shall be determined by the .local parties. Such schedules may be discontinued by either party with notice as determined through local negotiations;

d) Upon written agreement of the Home and the Union, the parties may agree to amend collective agreement provisions to accommodate any innovative unit schedules;

e) It is understood and agreed that these arrangements are based on individual circumstances and each agreement is made on a without prejudice or precedent basis;

f) It is understood and agreed that these arrangements can be utilized for temporary job posting for seasonal coverage (e.g. weekend workers, etc.).

ARTICLE 24 - TEMPORARY TRANSFERS

24.01 When an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying position in the bargaining unit for a period in excess of one-half (1/2) of a shift, she shall be paid the rate in the higher salary range

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immediately above her current rate from the commencement of the shift on which she was assigned the job.

24.02 When an employer temporarily assigns an employee to carry out the responsibilities of a salaried employee outside of the bargaining unit for a period in excess of 1/2 shift, the employee shall receive an allowance of $10.00 for each shift from the time of the assignment.

24.03 Permanent Transfers

Part-time: Subject to the provisions with respect to permanent transfers a full-time employee covered by this Agreement, changing her status to that of a part-time employee shall retain her corporate seniority, and her classification seniority. Upon entering into a part-time status, she shall suffer no loss in wage rate and will then progress in seniority and the wage rate increase in the same manner as other part-time employees covered by this Agreement.

Full-time: Subject to the provisions with respect to permanent transfers a part-time employee, changing her status to full-time shall retain her corporate seniority, and her classification seniority. Upon obtaining full-time status, she shall suffer no loss of basic wage rate and will progress in seniority and wage rate increase in the same manner as other full-time employees covered by this Agreement.

24.04 If an employee is transferred or reclassified to a higher rated job group, he shall receive the rate immediately above the rate of his prior job in the salary range of the job to which he is transferred. Job Seniority for pay purposes shall date from the date the transfer becomes effective.

ARTICLE 25- PAID HOLIDAYS

25.01 The following days are paid holidays under this agreement:

New Year's Day Good Friday Victoria Day Civic Holiday Labour Day Thanksgiving Day

Canada Day Remembrance Day Christmas Day Boxing Day Family Day Float Day

The intent is that there shall be no more than twelve paid holidays in each calendar year.

If another federal, provincial or municipal holiday should be proclaimed during the term of the Collective Agreement, such additional holiday would replace one of the designated holidays in the Collective Agreement.

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(a) Holiday pay for employees who regularly work less than 75 hours is based on proration formula noted in Article 40 of this agreement, holiday entitlement for employees who regularly work more than 66 hours bi- weekly but less than 75 hours shall be based on provisions for employees regularly working 75 hours and that holiday pay for part time employees is included in the in lieu payment as described in Article 27.01 (i).

25.02 An employee will qualify for holiday pay as per the proration formula if the employee workea her scheduled day before and scheduled day after the holiday and has worked at least one (1) day in the two-week period preceding the holiday.

25.03 When an employee works on a paid holiday as described herein, she shall receive premium pay at the rate of time and one-half (1Yz) for the first seven and one-half (7Yz) hours worked on such holiday, and shall receive another day off in lieu with pay at her regular rate of pay within thirty (30) days subsequent to the holiday or at another time mutually agreed upon between the employee and the Employer.

25.04 If a paid holiday falls during an employee's vacation, or an employee's scheduled day off, she shall be granted an additional day's pay in lieu of the holiday at straight time or an additional day off at a time to be set by the Employer. In the case of part-time employees, however, this will apply only if it falls on a day on which she would normally have worked.

25.05 For clarification purposes, of when a statutory holiday begins and ends, the first shift of the day shall be the shift where the majority of hours are completed before 8:00 a.m.

25.06 The employee who has agreed to work on a holiday and who fails without reasonable cause to report for and perform her scheduled work on the holiday shall not qualify. Reasonable cause shall include absence due to illness provided that the Employer may require a Doctor's certificate to be presented, bereavement leave in accordance with Article 29 herein, authorized leave of absence in accordance with Article 31 herein and jury duty in accordance with Article 36 herein.

25.07 If a part-time employee is assigned to work on a holiday as designated in the Collective Agreement, she shall be paid at the rate of time and one-half 1 ( 1 /2) times her straight time hourly rate for each hour worked pursuant to the provisions for proration as set out in Article 41 of this Agreement.

25.08 There shall be no pyramiding of premium pay, overtime pay, sick leave pay and paid holiday pay.

ARTICLE 26- SICK LEAVE

26.01 An employee who is on Family Medical Leave shall continue to accumulate seniority and service and the Home will continue to pay its share of the premiums of the subsidized employee benefits, including pension (if permitted by the Plan and matched by the employee) in which the employee is participating during the leave.

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Subject to any changes in an employee's status which would have occurred had he or she not been on Family Medical Leave, the employee shall be reinstated to her former position.

Income protection is payable when a full-time employee is absent from work due to legitimate personal illness or injury which is not compensable under the Workplace Safety and Insurance Act. It is understood that payment of income protection is for the sole and only purpose of protecting employees against the loss of income during time of such illness. Seniority and service will accrue and the Employer shall continue to pay its share of the premium for the benefit plans during the period of the income protection noted in this provision.

a) (i) The Employer will pay seventy percent (70%) of the full-time employees straight-time scheduled wages lost as a result of legitimate personal illness or injury up to the third day of such illness or injury.

(ii) The Employer will pay one hundred percent (1 00%) of the billed premium for full-time employees for a weekly indemnity plan covering legitimate personal illness or injury from the 41h day of illness to the end of the second calendar week of such illness or injury. Payment under weekly indemnity will be seventy percent (70%) of straight-time scheduled wages lost. It is understood and agreed that the employer may self-insure coverage if it so chooses and shall notify the Union of any change in practice.

b) Weekly indemnity plan for new employees to be effective on completion of three (3) calendar months. For weekly indemnity the premium costs will prorate in accordance with the formula defined elsewhere in the collective agreement and benefits will be provided for scheduled lost time in accordance with the plan policy. The Weekly Indemnity cheques shall be mailed directly to the employee's home.

c) The employee shall apply for E.l. sick leave for weeks 3 through 17 of any legitimate illness or injury. The Employer will top-up these benefits to seventy percent (70%) of straight time wages. In the event the employee does not qualify for E.l. Sick Leave benefits by reason of lack of adequate contributions, she shall receive seventy percent (70%) of her straight time wages for weeks 3 through 17 of any legitimate illness or injury but shall not be eligible for benefits under (d) below. The employee will endeavour to provide a copy of the Employment Insurance cheque stub or Employment Insurance Statement within two (2) weeks of receipt of the employee's El benefit.

d) The Employer will pay one hundred percent (1 00%) of the billed premium for full-time employees for a weekly indemnity plan covering legitimate personal illness or injury for weeks 18 through 30 of such illness or injury. Payment under weekly indemnity will be seventy percent (70%) of scheduled straight-time wages lost.

e) Sick leave for part time employees is included in the in lieu payment as described in Article 27.01 (i).

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26.02 In order to qualify for sick leave, an employee on the second shift or day shift, must whenever possible notify the immediate supervisor at least two hours prior to the beginning of the employee's working day and an employee on any other shift, must notify the immediate supervisor at least four hours prior to the beginning of the employee's working day and immediately upon returning to work must complete the "Sick Leave Form" showing the amount of time lost and the reason for absence, and hand the same to the immediate supervisor concerned.

26.03 In any case of absence where sick leave with pay is claimed, the Employer retains the right to require employees to present a Doctor's certificate confirming the necessity of such absence.

26.04 In the event the nursing home requires an employee to undergo a medical examination, the employee will be given reasonable paid time off to see her physician or to undergo the examination in the home, whichever the employee prefers. Where the employee chooses to use her own physician and, in the opinion of the home, the physician's report is inadequate and a further consultation is required, then the second visit will be on the employee's time or during working hours without pay.

26.05 An employee who is absent due to pregnancy related illness may be eligible for sick leave under the sick leave plan up to ten (10) weeks prior to the expected date of delivery subject to Article 30.07.

26.06 (a) Annual Medicals

The Employer agrees that no employee will be required to undergo an annual medical examination nor be required to produce a medical certificate related thereto. In the event the Ministry of Health requires verification of the annual medical examination, the matter will be forwarded to M. Teplitsky forthwith for a decision.

(b) Sick Leave Certificate

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

ARTICLE 27 - HEALTH PLAN AND INSURANCE

27.01 The Employer shall provide and pay for the following welfare plan and all health and insurance benefit premium costs paid by the Employer. Those employees working 66 hours or more in a bi-weekly period.

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(a) The Employer agrees to pay 100% of the billed single/ family rate, whichever is applicable, of the OHIP premium for the Province of Ontario.

This benefit shall be payable by the Employer to all present employees on the basis of their current participation in the OHIP plan through the Company pay-roll, and to all new employees who join the Company's OHIP Group.

(b) The Employer will pay 1 00% of premium cost to continue a 2 x annual salary life insurance policy.

(c) The Employer will implement a Major-Medical $10-$20 no co-insurance plan for employees covered by this Agreement, who have completed their probationary period. The Employer agrees to pay 100% of the billed single/ family rate, whichever is applicable, for employees who participate in the plan. If an employee is otherwise covered, the Employer shall not be obligated to contribute.

(d) The Employer agrees to implement a Vision Care Plan (similar to the Blue Cross Plan) and agrees to pay one hundred (100%) percent of the billed single/ family premium for employees who participate in the plan, $300/24 months. If an employee is otherwise covered the Employer shall not be obligated to contribute.

It is also understood that coverage for all plans will include dependant children up to and including age 21.

(e) The Employer agrees contribute 50% of the billed premiums towards coverage of eligible employees in the active employ of the Employer under a Dental Plan (which is comparable to the Blue Cross #9 Dental Plan) or comparable coverage with another carrier; based on a one (1) year ODA fee schedule lag providing the balance of the monthly premiums are paid by the employees through payroll deductions. The Dental plan shall provide for Flouride treatments only for persons under the age of 18 years and dental recall on a nine (9) month basis for persons 18 years and older.

It is also understood that coverage will include dependant children up to and including age 21.

The Employer agrees to provide a LTD plan 100% employee paid during the term of this agreement.

(f) The Employer agrees to provide 1 00% paid semi-private hospital coverage.

(g) Employees may elect to enrol in any or all of the above group insurance plan(s) at the time of hire. Employees who have elected to enrol in a particular plan may withdraw at any time. An employee who has not enrolled in a plan, or has withdrawn, may enrol in a plan subject to carrier approval but will not immediately be eligible to claim benefits except as defined below. Such late or re-enrolment shall occur only at the sign up opportunities in January and July

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each year.

Late enrolment or re-enrolment is subject to carrier approval. Initial benefits that may be claimed are as follows:

(i) Life- when coverage approved; 2 times annual salary

(ii) Dental - $200.00 maximum benefit/covered person during first twelve (12) months of coverage;

(iii) E.H.C.

(a) Drugs - $150.00 maximum benefit/covered person during first twelve months of coverage;

Effective July 1, 2010, amend collective agreements to provide for out-of-country benefit.

(b) Vision - No benefit during first six (6) months;

(c) Hearing- No benefit during first six months of coverage.

The Employer agrees to implement a Hearing Aid Benefit Plan (similar to the Blue Cross three-hundred dollar ($300.00) Hearing Aid Benefit Plan) and agrees to pay one-hundred percent (1 00%) of the billed single/family premium for employees who participate in the plan. If an employee is otherwise covered the Employer shall not be obligated to contribute.

(h) The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be pro-vided with a current copy of the Master Policy. It is clearly understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargained for. Any problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer.

The Employer will pay a twelve point five percent (12.5%) premium for all part-time registered nurses in lieu of the following benefits: OHIP, Major Medical, Vision Care, Dental plan, Statutory Holiday, Sick leave. Where a part-time employee participates in the Retirement Income Plan, the twelve point five percent (12.5%) shall change to eight point five percent (8.5%).

27.02 E.l. Premium Reduction

The Employee's share of the employer's employment insurances premium reduction will be retained by the employer towards offsetting the cost of the benefits contained in this agreement.

27.03 The Employer will notify the Union if it intends to change the insurance carrier.

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27.04 Health and Welfare Benefits Grievances

Notwithstanding 27.03, the following process is to be utilized to resolve insurance benefit dispute between an employee and the insurance carrier.

Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows:

(a) the Union or Employer shall file a written grievance within 10 days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers.

(b) within 1 0 days of filing a grievance, the parties shall meet with a view to resolving the grievance.

(c) if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided.

(d) the arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate.

(e) the arbitrator may in his/her discretion attempt to assist the parties in settling the dispute.

(f) the arbitrators for this process shall be:

Nancy Backhouse Deena Baltman

If additional arbitrators are necessary, I shall remain seized to appoint these, if the parties are unable to agree.

(g) the arbitrator shall render a decision within 10 days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given.

(h) the fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is insured.

(i) this process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the employer fails to obtain the agreement of an insurer, the

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grievance shall proceed as though it is a self-insured benefit.

(j) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights.

(k) the decision of the arbitrator shall not have any value as a precedent in a subsequent case.

(I) if in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Martin Teplitsky, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.

ARTICLE 28 - PENSION PLAN FOR EMPLOYEES OF PARTICIPATING ONTARIO NURSING HOMES

28.01 In this Article, the terms used shall have the meanings as described:

Plan means the Nursing Homes and Related Industries Pension Plan, being a multi-employer plan.

Applicable Wages means the basic straight time wages for all hours worked, including:

(i) the straight time component of hours worked on a holiday;

(ii) holiday pay, for the hours not worked; and

(iii)vacation pay.

All other payments, premiums, allowances etc. are excluded.

An eligible employee means full-time and part-time employees in the bargaining unit who have completed four hundred and fifty (450) hours of service and who are not prohibited from contributing to the plan by