COLLECTIVE AGREEMENT

between

SUPERIOR GREENSTONE

ASSOCIATION FOR COMMUNITY LIVING

and

COMMUNICATIONS, ENERGY &

PAPERWORKERS UNION

and its

LOCAL 240-3

April1, 2012 to March 31, 2014

AGREEMENT

BETWEEN

THE SUPERIOR GREENSTONE ASSOCIATION FOR

COMMUNITY LIVING

(hereinafter called the Employer)

AND

COMMUNICATIONS, ENERGY & PAPERWORKERS UNION

AND ITS LOCAL 240-3

(hereinafter called the "Union")

ARTICLE PAGE

Article 1.00 Pream b l c ------------------------------------------------------------------ 7

Article 2.00 Management Rights ----------------------------------------------------- 7

Article 3.00 I)iscipline ----------------------------------------------------------------- 8

Article 4.00 Reco gni ti on --------------------------------------------------------------- 8 4.01 Bargaining Unit ---------------------------------------------------------- 8

Article 5.00 Regular Part-Time and Casual Employees --------------------------- 9

Article 6.00 Union Security ----------------------------------------------------------- 9 6.01 Employees to be Members --------------------------------------------- 9

Article 7.00 Check Off Payments ---------------------------------------------------- 10

Article 8.00 Representatives ---------------------------------------------------------- 1 0

Article 9.00 Bulletin Boards ---------------------------------------------------------- II

Article 10.00 Work Performed by Management------------------------------------ 11

Article 11.00 No Strike or Lock Out ------------------------------------------------- 11

Article 12.00 No Discrimination------------------------------------------------------ 11

Article 13.00 Grievance Procedure--------------------------------------------------- 12 13.0 1 Definition of Grievance ------------------------------------------------ 12 13.02 Settling of Grievance --------------------------------------------------- 12 13.03 Step 1 -------------------------------------------------------------------- 12 l 3. 04 Step 2 -------------------------------------------------------------------- 12 13.05 Step 3 -------------------------------------------------------------------- 12 13.06 Step 4 -------------------------------------------------------------------- 12

Article 14.00 Arbitration--------------------------------------------------------------- 13 14.01 Composition of Board of Arbitration -------------------------------- 13 14.02 Failure to Appoint------------------------------------------------------ 13 14.03 Board Procedures ------------------------------------------------------- 13 14.04 Decisions of the Board ------------------------------------------------- 13 14.0 5 Expenses of the Board ----------------------------------------------- 14

INDEX

ARTICLE: PAGE: Article 14.00 Arbitration (Continued)

14.06 Amending of Time Limits --------------------------------------------- 14 14.07 Witnesses ----------------------------------------------------------------- 1 4

Artie] e 15 .00 Seniot~ty ------------------------------------------------------------------ 14 15.01 Seniority Defined ------------------------------------------------------- 14 15.02 Probation for Newly Hired Employees------------------------------ 15 15.03 Loss of Seniority -------------------------------------------------------- 15

Article 16.00 Promotion and Staff Changes----------------------------------------- 16 16.0 I Job Postings ------------------------------------------------------------- 16 16.02 Information Postings --------------------------------------------------- 16 16.03 Methods of Making Appointment ------------------------------------ 16 16.04 No New Employee----------------------------------------------------- 17 16.05 Temporary Vacancies -------------------------------------------------- 17 16.06 Special Work Assignment Exceed Regular Work Hours--------- 18

Camping ------------------------------------------------------------------ 18

Article 17.00 Continuation of Benefits ----------------------------------------------- 19

Article 18.00 Definition of Lay-Off-------------------------------------------------- 19 18.02 Casual Lay-Off---------------------------------------------------------- 20 18.03 No Bumping Full Time------------------------------------------------ 20

Article 19.00 Mandatory Training or Meetings When personal Vehicle----------- 20 Is Used For Client Care

Article 20.00 Paid Holidays ------------------------------------------------------------ 21 20.01 Holidays ------------------------------------------------------------------ 21 20.02 Pay for Regularly Scheduled Work on a Paid Holiday------------ 22 20.03 Compensation for Paid Holidays Falling on------------------------ 23

Scheduled Day Off or on Scheduled Vacation 20.04 Floating Holidays------------------------------------------------------- 23

Artie] e 21.00 Vacation ------------------------------------------------------------------ 23 21.01 Length of Vacation ----------------------------------------------------- 23 21.02 Vacation Schedules ----------------------------------------------------- 24 21 . 03 Part Time Vacation ----------------------------------------------------- 24 21.04 Casual Vacation --------------------------------------------------------- 25

21.0 5 Vacation Payouts ------------------------------------------------------- 25 21.06 Annual Cleaning -------------------------------------------------------- 24

ARTICLE: Article 22.00

22.01 22.02

INDEX

Sick Leave --------------------------------------------------------------Utilization of Sick Leave Days or Family Days------------------­Amount of Paid Sick Leave ------------------------------------------

PAGE: 25 25 25

22.03 Accumulation of Sick Leave or Family Days---------------------- 26 22.04 Deductions Ji-om Sick Leave ----------------------------------------- 26 22.05 Proof of lllness --------------------------------------------------------- 26 22.06 Bonus Sick Leave Days ----------------------------------------------- 26

Article 23.00 Bereavement Leave---------------------------------------------------- 27

ATticle 24.00 Maternity or parental Leave ------------------------------------------ 27

Artie I e 25.00 Benefits ------------------------------------------------------------------ 27

Article 26.00 Health and Safety ------------------------------------------------------ 27 2 6. 02 Scabies ------------------------------------------------------------------- 2 8 26.03 Influenza Vaccinations ------------------------------------------------ 28 26.04 Crisis Situations -------------------------------------------------------- 29 26.05 Health and Safety Representative ----------------------------------- 29

Article 2 7. 00 Overtime ----------------------------------------------------------------- 2 9 2 7. 02 Call-Inns ----------------------------------------------------------------- 3 0

Article 28.00 Wage Schedule--------------------------------------------------------- 30 28.01 Pay Grid----------------------------------------------------------------- 31 28.02 Pay Grid----------------------------------------------------------------- 31 28.03 Banking of Overtime--------------------------------------------------- 32

Article 29.00 Medical Requirements ------------------------------------------------ 32

Article 30.00 Severance Pay---------------------------------------------------------- 32

Article 31.00 Twelve (12) Hour Shifts--------------------------------------------- 33

Article 3 2. 00 Retro-Pay ----- ---------------------------------------------------------- 3 3

Article 3 3. 0 I Adjustments ------------ ------------------------------------------------ 3 3 33.02 On Call Adjustments------------ ------------------------------------- 33

Article 34.00 Night Shift--------------------------------------------------------------- 3 3

ARTICLE: PAGE:

Article 35.00 Duration of Agreement----------------------------------------------- 34

Letter of Understanding Re: Government Funding---------------------------------- 35

Letter of Understanding Re: Abuse of Earned Sick Time ----------------------------- 36

Letter of Understanding Re: 20 Hour Part Time Position at 31 Rankin St.--------- 38

Letter of Understanding Re: Twelve Hour Position at 31 Rankin St.---------------- 39

Superior Greenstone Association for Community Living Policies & Procedures- 40

ARTICLE 1.00 PREAMBLE

Whereas it is the purpose of both parties to this agreement:

1 .01 (a) To maintain and improve harmonious relations and settled conditions of employment

1.02 (b) To recognize the mutual value ofjoiut discussions and negotiations in all matters pertaining to working conditions, employment and in this collective agreement.

1.03 To work together to enhance independent living by encouraging high quality service to clients and members of the Association and to foster a public opinion which would motivate support for optimal provisions of programs and facilities for individuals with a developmental disability.

And whereas it is now desirable that the parties enter into a collective agreement the parties hereto agree as follows:

ARTICLE 2.00 MANAGEMENT RIGHTS

2.01 (a)

2.02 (b)

2.03 c)

2.04 (d)

2.05 (e)

Without limiting generality of the foregoing, it is the exclusive right of the Employer to:

I-lire, assign and schedule the work of, direct, transfer, promote, demote, lay -off, recall, terminate and discipline its employees including suspension and discharge.

Operate and manage its facilities cmd services efficiently and effectively in accordance with commitments, obligations and responsibilities.

To determine and establish standards and procedures for the care, welJ~u'C, occupational health and safety and comfort of its clients.

Plan, organize, direct, and evaluate the work of its employees including the introduction and control of new methods, job descriptions facilities and equipment, deciding the number of employees required, and the amount of supervlSlOll necessary.

Have jurisdiction over all operations, buildings and equipment.

ARTICLE 2.00 MANAGEMENT RIGHTS (Continued)

2.06 (I)

2.07 (g)

2.08 (h)

Estahlish rules, regulations and standards which will govem the performance of its employees and maintain order, discipline and efficiency. The Union will be provided with a copy of the rules and regulations established.

Generally to manage the Employer's business, and without restricting the generality of the same, including the right to determine the methods of carrying out work, and the number and qualifications of employees required by the Employer from time to time.

The employer agrees to provide the Union with any changes to established rules, regulations and standards which govern the performance of unionized employees

or their working conditions.

The said policy change will not be considered void if it has not been acknowledged by the Union.

ARTICLE 3.00 DISCIPLINE PROCEDURE

3.01

3.02

The record of any disciplinary action shall not be referred to or used against the employee at any time after twelve (12) months following such action, providing that the employee's record has been discipline free for such period of twelve (12) months and the employer has a written request from the employee to have said disciplinary letter removed. Thereafter all such reference to said discipline will be removed from the employees file.

No employee will be disciplined as a result of any actions taken by a Consumer to any party or persons, provided the employee has used all appropriate resources available to them.

ARTICLE 4.00 RECOGNITION

4.01 BARGAINING UNIT

The employer recognizes the Communications Energy and Papcrworkers Union as the sole and exclusive bargaining agent for all employees of Superior Greenstone Association for Community Living working along Hwy 17 from Dorion to Manitouwadge and along Hwy 11 from Nipigon to Macdiarmid, save and except Executive Director, Supervisors, persons above the rank of supervisor, confidential secretary\book.keeper and persons employed through special grants such as SEED, SSEP, SSAH (Special Services At Home).

ARTICLE 5.00 REGULAR PART-TIME AND CASUAL EMPLOYEES

5.01 This agreement is fully applicable to all regular paJt-time, and casual employees on a pro-rata basis unless otherwise specified.

5.02 A regular part time employee is one who regularly works less than thirty (30) but more than 24 (24) hours per week on a pre-determined schedule"

5.03 Casual employees will be defmed as persons employed for a defmite term or task or hired for emergency. Such persons shall not replace full-time and \ or part-time employees except as provided in clause 16:05.

5.04 Persons employed for a definite term or task shall also be deemed to mean persons employed for the period of the term or task to replace employees absent due to illness, injury, leave of absence authorized by the Employer.

5.05 A COP employee is one who regularly works less than 24 hrs. but not more than 24 hrs. per week on a predetermined schedule in accordance with the needs of the clients that they suppOlt.

ARTICLE 6.00 UNION SECURITY

6.01 EMPLOYEES TO BE MEMBERS

All members of the bargaining unit shall, as a condition of employment, become and remain members in good standing of the Union according to the Constitution and By­Laws of the Union.

ARTICLE7.00 CHECKOFFPAYMENTS

7.01 The Employer shall deduct from every union employee, any dues, initiation fees, or assessments levied by the Union on its members. The Union will inform the Employer, in writing, of the dues levied.

7.02 Deductions shall be forwaTded to the Local's Financial Secretary not later than the l01h

day ofthe following month for which the dues where levied. The cheque will be accompanied by a list of each employee's name and standard hourly rate.

7.03 The Union agrees to defend and hold the Employer completely harmless against all claims, demands and expenses should any person at any time contend or claim that the Employer has acted wrongfully or illegally in making such checkoff deductions.

7.04 The Employer will enter the yearly totalled amount of Union Dues deducted in the appropriate box on each employee's T -4 slip.

Union agrees to provide a "Certificate of Agreement stating the Union will not issue receipts for union dues to employees.

7 .OS Persons employed for a definite term or task shall pay union dues.

ARTICLE 8.00 REPRESENTATIVES

8.01 The Union will supply the Employer with the name of its officers, and committee members before the Employer is required to recognize them. Likewise, the Employer shall supply the Union with a list of its supervisory personnel with whom the Union may be required to transact business. There shall be no discrimination exercised to any employee for their involvement as a Union Steward or as a Union Officer.

8.02 Members of the local union on matters respecting this agreement or its administration, shall have the right to make a reasonable number of phone calls to the Steward, during working hours providing the care of the consumer is not compromised ..

8.03 The Employer will provide up to thirty (30) days leave with pay to attend Union training seminars and conferences provided time requested from work, in the opinion of tbe Employer does not interfere with normal operation of Superior Greenstone Association for Community Living.

The Union will be responsible for prompt reimbmsement of wages to the Association.

ARTICLE 9.00 BULLETIN BOARDS

9.01 The Employer will provide a bulletin board for the convenience of the Union in posting notices of union business. All such notices must be signed by the proper oJJicer of the Union and copy submitted to the Employer before being posted.

9.02 The Employer to provide a Union Bulletin Binder to be kept at the Spruce Apartments in Nipigon

ARTICLE 10.00 WORK PIDRFORMED BY MANAGEMENT

1 O.Ol Supervisors and persons above the rank of supervisors will not perform bargaining unit work on any jobs which are performed by employees covered by this Agreement, except for the purpose of instruction, or emergency work in reference to health and safety concerns requiring immediate attention or in relation to training of management staff, or that which is incidental to carrying out management functions.

ARTICLE 11.00 NO STRIKE OR LOCKOUT

11.01 The Union agrees that there will be no strike and the Employer agrees that there will be no lockout during the term of tl1is Agreement.

11.02 The word "strike" and the word "lockout" shall be deemed to have the meaning given these words in the Ontario Labour Relations Act.

ARTICLE 12.00 NO DISCRIMINATION

12.01 Federal and Provincial Legislation deal with the matter of discrimination in employment against employees on account of race, colour, creed, sex, age or national origin. As a matter of record the Employer and the Union hereby subscribe to the principles of such legislation.

ARTICLE 13.00 GRIEVANCE PROCEDURE

13.01 DEFINITION OF GRIEVANCE

A grievance shall be defmed as any clifference arising out of the interpretation, application, administration, or alleged violation of the collective agreement.

13.02 SETTLING OF GRIEVANCE

An earnest effort shall be made to settle grievances fairly and promptly in the following manner:

13.03 STEP I The aggrieved employee(s) will first discuss the grievance with the immediate Supervisor.

13.04 STEP 2 Failing satisfactory settlement at Step 1, the grievance shall be reduced to writing, signed and submitted to the immediate Supervisor. Such written grievance must be submitted within five (5) days after the occurrence of the event giving rise to the grievance. The program Supervisor shall respond, in writing, within five (5) working days.

13.05 STEP 3 Failing settlement being reached at Step 2, within five (5) days of receipt of the Supervisors response the Union grievance committee will submit the written grievance to the Executive Director who will arrange for a meeting with the Union Representative or his designate and with the Executive Director or his designate within ten (1 0) working days. Following this meeting, the Executive Director will render a decision in writing within fifteen (15) days.

A claim by an employee that he\she has been discharged without cause shall be treated as a grievance and shall commence at Step 3 providing a written grievance signed by the employee and his steward is presented to the Executive Director or designate within three (3) days after discharge.

13.06 STEP 4 Failing a satisfactory settlement being reached in Step 3, the Union may refer the dispute to arbitration following receipt of the Executive Director's decision.

ARTICLE 14.00 ARBITRATION

14.01 (:OMPOSITION OF BOAR]) 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 (1 0) days after receipt of the request, the otl1er party shall answer by registered mail indicating the name and address of its appointee to the arbitration board. The two arbitrators shall tlren meet to select an impartial chairperson. The parties may mutually agree in writing to substitute a sole arbitrator for the Arbitration Board at the time of reference to arbitration and any provisions found in this agreement which refer to an Arbitration Board shall also apply to the sole arbitrator.

14.02 FAILURE TO APPOINT

If the party receiving the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairperson within ten (1 0) days of their appointment, the appointment shall be made by the Minister of Labour upon request of either party.

14.03 BOARD PROCEDURES

The Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations in accordance with the conunon law rules of evidence. In its attempts at Justice, the Board shall, as much as possible, follow an informal procedure. It is understood and agreed that the Arbitration Board shall have authority only to settle disputes under the terms of this Agreement and may only interpret and apply this Agreement to the facts of the particular grievance involved. Only grievances arising from the interpretation or alleged violation of this Agreement shall be arbitrable. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or an1end this agreement, nor give any decision inconsistent with it.

The decision of the majority shall be the decision of the Board. When 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 and binding and enforceable on all parties subject to any proper comi challenges that may be made by either party.

ARTICLE 14.00 ARBITRATION (Continued)

14.05 EXPENSES OF THE BOARD

Each party shall pay:

(a) The fees and expenses of the arbitrator it appoints and witnesses it calls.

(b) One-half (1 \2) the fees and expenses oftbe chairperson.

14.06 AMENDING OF TIME LIMITS

(a) With the written agreement of the other party any of the time limits in Article 13 may be extended.

(b) A working day as it applies to the Grievance \Arbitration procedure of this agreement shall be defined as any day of the week from Monday up to and including Friday, that is not a Statutory Holiday.

14.07 WITNESSES

At any stage of the grievance or arbitration procedure the parties may have the assistance of the employee (s) concerned as witnesses, provided that sufficient staff remain on duty to staff the Employer's various programs. All reasonable arrangements will be made to permit the conferring parties or the arbitrator (s) to have access to the Employer's premises to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Employer's premises.

ARTICLE 15.00 SENIORITY

15.01 SENIORITY DEFINED

Seniority is defined as the length of an employee's accumulated service with the Employer within the bargaining unit, calculated as the actual total number of hours worked since employed, including paid vacation and paid sick time.

ARTICLE 15.00 SENIORITY (Continued)

15.02 PROBATION FOR NEWLY HIRED EMPLOYEES

A newly hired employee shall be on probation for the first four hundred and forty (440) hours of work of hislher employment. The employer will evaluate the newly hired employee at the end of their probationary period. The Employer will then discuss all aspects of each of the evaluations with the employee concerned who can be accompanied by the Union Steward at the Employees request. After completion of the probationary period, seniority shall be effective from the original date of employment.

15.03 LOSS OF SENIORITY

Seniority shall terminate and an employee shall cease to be employed by the employer when:

( 1) The Employee voluntarily terminates his\her employment.

(2) He\she is discharged for just cause and is not reinstated through the grievance procedure or arbitration.

(3) He\she fails to return to work within three (3) working days following a lay-off and after being provided with notice to return to work to the last known address by regular mail. Laid off employees engaged in alternate employment and who are recalled shall be permitted to give their current Employer two (2) weeks notice of termination to accept the recall.

( 4) Is absent from work for a period of one (I) day without authorization of the employer and without notifying the Employer with an explanation satisfactory to the Employer when the employee had opportunity to do so. It is the responsibility of the employee to directly contact his employer as soon as practicable but within three hours prior to the scheduled commencement of his work with said explanation.

(5) Casual employees who ref·used work for work for more than three occasions in a two month period and have not made prior arrangements with the employer.

ARTICLE 16.00 J>ROMOTION AND STAFF CHANGES

16.01 JOB....P_QSTJNGS

When any vacancy occurs or a new position is created, inside the bargaining unit, the Employer shall immediately notify the Union in writing and post notice of the position on the Associations bulletin board and each program bulletin binder. For those working out in the district, the notice will be sent to each employee by mail. Employees desiring consideration in the filling of tl1e job vacancy shall indicate their desire by submitting a written application with an updated resume to the Supervisor indicated in the posting in which it is posted. Such memo shall contain information such as job title and posting number which identify the job applied for. The written application will be considered as received when it is in the possession of the Supervisor or designate.

All interviews for any position shall have a mmimum of two interviewers from SGACL, as provided in the SGACL Policy.

16.02 INFORMATION IN POSTINGS

Such notice shall contain the following information: Nature of position, qualifications, required knowledge and education, skills wage or salary rate or range. Such qualifications and requirements shall be those necessary to perform the job function.

16.03 METHODS OF MAKING APPOINTMENT

In making staff changes, transfers or promotions to fill any vacancy or new position within the bargaining unit, appointment shall be based upon:

(a) The requirements of the job as they relate to the applicant's ability to do the job.

(b) The qualifications of the applicants as they relate to the job. c) Experience of the applicants as it relates to the ability to do the job. (d) Knowledge and training of the applicants as they relate to the ability to do

the job.

ARTICLE 16.00 PROMOTION AND STAFF CHANGES (Continued)

When the criteria above are equal between two (2) or more applicants, then seniority shall apply. In the event that no employee from the bargaining unit meets the minimum requirement of the job being filed, the employer shall have the right to fill the vacancy from outside the bargaining unit. Successful applicants to a posted vacancy or newly hire employees need not be considered for subsequent posted vacancies for a period of six (6)

16.04 NO NEW EMPLOYEI~

No new employees shall be hired until those laid off have been given the opportunity to recall, provided the laid off employees possess the necessary skill, ability_,_ill!ll_lifications and experience for the particular position.

16.05 TEMPORARY VACANCIES

1.

2.

Temporary vacancies are vacancies created by, sickness of thirty (30) days or less; leaves of absence of thirty (30) days or less; statutory holidays; vacation; bereavement leave; unexcused absence; excused absence; jury duty; union leave. A temporary vacancy will be a "block" of 4 shifts or less, and will be considered as a single call.

(a)

(b)

Temporary vacancies will be tilled at the discretion of the Association (i.e. the Association may decide not to fill a temporary vacancy)

If the Association decides to fill a temporary vacancy, it will do so with casual employees who are willing and qualified to perform the available work. If no casual employees are available, the temporary vacancy will be offered to full time employees by seniority. If there are no full time employees available, then the vacancy will be offered to part time employees by seniority.

The Association will continue to till temporary vacancies that arise under article 16.05 of the collective agreement in the following manner:

a) Employees will be offered temporary vacancies on a rotating seniority basis.

Rotating seniority means that:

(I) The first call is made to the employee who is the most senior staff on the identified on call seniority list at the time of the current vacancy. If that person is not available, then the next person on the list is called until the vacancy is filled.

ARTICLE 16.00 PROMOTION AND STAI?.F CHANGES (Continued)

(ii) When another vacancy occurs, the caller will start on the list where they left off. i.e. the last person accepting a vacancy is used as the reference point for the on call seniority list.

When filling temporary vacancies, the regular amount of shift hours must be made available. Split shifts may be allowed when mutually agreeable between parties.

An employee who reports for duty and finds her/his work schedule has been changed, and has not been contacted previously by telephone or messenger, shall receive two (2) hours work with pay and will be allowed to return home.

During periods of layoff, temporary vacancies will be offered to laid off employees in order of seniolity provided they are qualified to do the available work. The acceptance of a temporary vacancy is optional and will not be considered a recall.

No new layoff notice will be required at the conclusion of the temporary vacancy.

16.06 SPECIAL WORK ASSIGNMENTS EXCEED REGULAR WORK HOUR.§.

(a) In cases where work assignments exceed regular work hours, the employer and the union will agree upon in advance, and in writing on the total number of hours for which the employee will be paid for such work assignment. For such scheduled work assigmnents where an employee is required to be present for more hours than normally scheduled, all hours in excess of the normally scheduled hours will be paid at the rate of time and one half. (e.g. Special occasions and Medical Appointments)

(b) CAMPING

Opportunities for camping will be first offered to employees regularly scheduled to work during the dates of camping and next as per article 16.06.

Employees participating in overnight camping excursions will be paid twelve hours for each 24-hour period spent at camp at the applicable straight time hourly rate. Hours spent at camp beyond those assigned will be voluntary and non compensable.

Employees participating in overnight camping excursions for less than a 24 hour period will be paid for the hours worked, as assigned, and at their straight time hourly rate. Hours spent at camp beyond those assigned will be voluntary and non compensable.

Employees participating in camping excursions will be responsible for clients for all hours while at camp. For purposes of WSIB coverage, the employee shall be considered at work for all hours, assigned while at camp.

For purposes of camping excursions, premium payment will be waived for employees involved in camping in order to accommodate this type of activity.

Participation in overnight camping shall be voluntary for all employee.

ARTICLE 17.00 CONTINUATION OF' BENEFITS

Payment of all benefits by the Employer shall cease as of the date of a lay-off or termination. It is further agreed that any benefits prepaid by the Employer shall remam m effect and the employee shall not be required to re-imburse such benefits.

ARTICLE 18.00 DEFINITION OF LAY-OFF

18.01 (a) A lay off shall be defined as a reduction in the work force.

Order of lay-off will be in reverse order of seniority and by the following classifications for the duration of the lay-off:

I) Regular Part Time Employees ii) Full Time Employees

When Special Event situations occur, the Employer will provide other alternate bargaining unit work if available, and if such work is requested by the employee so as to prevent any lay-off situations.

(b Order of recall will be in reverse order of layoff. In other words:

Full time staff will be recalled first. Part time staff will be recalled next

18.02 CASUAL LAY OFF

The parties agree that since casual employees have no permanently scheduled hours of work they are not subject to lay off. The parties further agree that during the periods of lay off casual shifts will be offered to permanent staff who are on lay off if qualified to do the available work. Acceptance of casual work is optional and will not be considered as a recall, and no new layoff notice will be required when casual work is complete.

1 8.03 NO BUMPING FULL TIME

Notwithstanding anything contained elsewhere in this Article, if the lay off occurs to part time, or casual employees, they will not be permitted to bump full time employees. Casual employees will not be permitted to bump regular part time employees.

Subject to the requirements of Article 16.03, full time employees on lay off may be permitted to transfer to regular part-time and casual positions.

Subject to the requirement of Article 16.03 regular part-time employees will be permitted to transfer to casual positions

ARTICLE 19.00 MANDATORY TRAINING OR MEETINGS WHEN PERSONAL VEHICLE IS USED I<'OR CLIENT CARE

While in training, or providing Client care or if the usc of personal vehicle is required for SGACL business, Community Outreach Program (C.O.P.)or attending meetings approved by the S.G.A.C.L., a.n employee will be paid at the rate of pay he\she would have received had he\she not been in training. Compensation will be paid for travel at the rate of $0.43 per kilometre for any one having to travel. Calculations for mileage expense will be calculated from the Spruce Apt. Or the work site the employee would have normally worked at on that date to the given destination and back. The Union encourages it's members to car pool when possible.

ARTICLE 19.00 MANDATORY TRAINING OR MEETINGS WHEN PERSONAL VEHICILE IS USED FOR CLIENT CARE (Continued)

Mandatory training, or meetings, re-training and refresher courses given to an employee outside regular working hours will be paid at regular straight time rate inc! uding travel time.

In the event that training or meetings are made mandatory by the Employer, the Union agrees that disciplinary action may be imposed on employees who do not attend without an excuse which is reasonable to the Employers' night shift excluded. Progressive discipline will be followed.

The Employer reserves the right to require any job related training or meetings mandatory to a specific employee, a speci11c group of employees or to all employees. If the Employer makes this request costs including wages, travel time, accommodations, meals associated with the training will be paid by the Employer.

It is understood and agreed that although some training is desirable to employees, the Employer is under no obligation to make any training, or meetings mandatory with the exception of, First Aid re-certification and C.P.R. re-certification which will be mandatory.

The cost of training scheduled for the following courses will be paid and the responsibility of the Employer:

First Aid re-certification C.P.R. re-certification CPI (Non Violent Crises Prevention) WHIMS Fire

ARTICLE 20.00 PAID HOLIDAYS

20.01 HOLIDAYS

The Employer recognizes the following and or any new holiday that may be legislated as paid holidays:

New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday (August) Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

20.02 PAY FOR REGULARLY SCHEDULED WORK ON A PAID HOLIDAY

Full time and Part Time employees who are scheduled to work shall be paid at the rate of time and one-half of their regular rate plus another day off with pay, in lieu of the holiday to taken at a time mutually agreeable between the employer and employee. Lieu day pay will be compensated as per the employee's regular schedule. eg: 8 hour regular shift - 8 hours lieu pay

12 hour regular shift- 12 hours lieu pay

Note: The parties agree that no more than a total of sixty (60) hours of paid holiday time and lieu time will be paid as a result of staff working the twenty-four (24) hours associated with a paid holiday.

Co, for filling vacancies will be as follows; ' .,L ,_ ~ ? L i) Casual Employees t-V' 7{

ii) Full Time Employees iii) Part Time Employees \

(by Seniority) __J

There shall be no pyramiding of overtime premiums

Full time and Part Time employees who are not scheduJed to work on a paid holiday shall receive payments for recognized holidays in accordance with the requirements as stated in the Employment Standards Act of Ontario as amended from time to time.

20.03 COMPENSATION FOR PAID HOLIDAYS FALLING ON SCHEDULE DAY OR ON SCHEDULED VA CATION

When any of the above noted paid holidays fall on an employee's scheduled day off, the employee shall receive a day's ax QL.,anoth_e day off with pay. The employee will advise the Employer of his\her option. The day off will be taken at a time mutually agreed upon. Any accwnulated days off must be used by March 31st or else these days will be paid out on the next pay day.

20.04 FLOATING HOLIDAYS

Full time and regular part time probationary employees who have accwnulated 20 weeks of continuous service in any fiscal year are entitled to their floating holiday time subject to the following:

1) Floating holidays may be taken on such days as the employee and his supervisor mutually agreed upon, following reasonable advance notice on the part of the employee.

20.04 FLOATINGJ:IOLIDA YS (s:ontinued)

2) Floating holidays shall not be carried over into the following year. Unused floating holiday time will not be paid out at the end of the fiscal year.

3) In no case will any employee be entitled to more than thirty-six hours of floating holiday credit in a fiscal year.

4) Full time employees are entitled to thirty-six hours.

5) Regular part time employees are entitled to eighteen hours.

ARTICLE 21.00 VACATION

21.01 LENGTI-! OF VACATION

When a casual, part time or temporary full time employee accepts full time employment, the employee's past service will be prorated based on 1 year equals 2080 hours of service to establish their start time for advancing in the vacation gridW"ew employees hired into ~ full time position will start as the commencement of their first shift. J :ii Employees shall accnmulate annual vacation with pay in accordance with the employer's fiscal year April 1 to March 31, as follows:

After March 31st, during the year of hire one (1) day for each month.

Year 2 - 5 inclusive 120 hours Year 6 - 10 inclusive 160 hours Year 11 - 15 inclnsive200 hours Year 16- 20 inclusive240 hours Year 21-25 inclusive280 homs Year 26 - 30 inclusive 320 hours Year 30 + inclusive 360 hours

21.05 VA CATION PAYOUTS.

Terminating Employees: An employee terminating employment at any time in the vacation year,

prior to using his\her vacation, shall be entitled to prop01iionate payment of salary or wages in lieu of such vacation, upon termination.

21.06 ANNl)AL CLEANING:

On the first pay day after March 31st of every year, nnused vacation for each employee shall be paid out to those employees. Qr mutually agreeable, such vacation rather than being paid out can be carried forward to the nex~ year.

ARTICLE 22.00 SICK LEAVE

22.01 UTILIZATION OF SICK LEAVE DAYS.

Sick leave days shall be used for the period of time an employee is absent from work by virtue of sickness, excluding death or because of an accident for which compensation is not payable under the Workman's Safety and Insurance Board. When an employee has no sick credits and is absent from work dne to illness or injury, they will be granted a leave without pay or benefits. The length of leave will be up to one (1) month for each completed year of service with the employer, to a maximum of twelve ( 12) months.

22.02 AMO\ltJT OF PAID SICK LEAVE

Sick leave shall be earned at the rate of one (1) day for every full calendar month a full time employee worked for the Employer.

Sick leave shall be earned at the rate of one-half (Y,) day for every calender month a regular part time employee worked for the Employer.

ARTICLE 21.00 VACATION (Continued)

For employees hired prior to April 30,1996 (Janice Blanchette and Anna Olson), tull vacation entitlement will be awarded and available for use on April 1" of each year. This is because these employees were not allowed to take vacation in their first year of employment. If one of theses employee's employment terminated during the year, any amount of vacation she earned during that year would also be owing to her, in addition to any unused vacation she was awarded at the beginning of that fiscal year.

(e.g. 30 hour weekly schedule is 75"/., 24 hour schedule id 60%)

21.02 YACATION SCHEDULEs_

Vacation requests must be submitted to the immediate Supervisor by April 151 of each calendar year. Vacation schedules shall be posted by May 151 of each year and shall not be changed without mutual consent of the Employer and the affected employee. However, preference in choice of vacation dates shall be determined be seniority. All vacation requests not submitted by April I st shall be considered on a first come first served basis with a minimum of 72 hours notice during the normal hours of the supervisor -Monday to .Friday. After discussing the matter witi1 the employee, any vacation not scheduled by the employee by the 151 working day of January may be scheduled at the discretion of the employer.

21.03 PART TIME VACATION

Permanent part time employees receive a prorated entitlement based on their hours of work.

2!.04 CASUAL VACATION

Casual employees will accrue vacation pay equivalent to five percent of their regular gross wages.

AMOUNT OF PAID SICK LEAVE (Continued)

Day is defined as per an employees normal shift schedule eg: 6 hour shift 6 hour sick day

8 hour shift 8 hour sick day 12 hour shift - 12 hour sick day

22.03 ACC1.1_MU_LATION OF SICK LEAVE

The unused portion of an full or part-time employee's sick leave credits shall accrue for his\her future benefits up to a maximum of 720 hours at regular daily wages for full time employees, pro rated for regular part-time employees. These days are not payable on leaving the employ of the Association. There will be no pay out for sick leave or family days accumulated when leaving the employment of the Superior Greenstone Association for Community Living.

22.04 DEDUCTIONS FROM SICK LEAVE

A deduction shall be made from accumulated sick leave of all normal working days or part days absent for sick leave that is requested by the employee. An employee cannot request that the deduction be reversed subsequently ..

22.05 PROOF OF ILLNESS

When requested by the Association an employee shall be required to produce a certificate from an appropriate medical practitioner for any illness in excess of three (3) working days, certifying that he\she was unable to carry out his\her duties due to illness or injury.

22.06 BONUS SICK LEAVE DAYS

When an employee uses 3 sick days or less, while employed for a complete calender year, (s)he will be allowed 2 bonus days with pay (floaters) the following year to be taken at a mutually agreeable time. The definition of a sick day is , as per article 22.02

ARTICLE 23.00 BEREAVEMENT LEAVE

23.01 Three (3) working days leave with pay will be allowed in case of each bereavement involving members of the immediate family. Such leave must be taken immediately following the death of the family member or taken to coincide with the funeral. Immediate family shall be interpreted to be mother, step-mother, father, step-father, wife, husband, children, step­children brother step-brother , sister step-sister, mother-in-law, father-in­law, sister-in -law, brother-in-law, grandmother , grandfather grandmother in-law and grand father in-law step grandparents, annt, uncle, niece and nephew. Immediate family shall include the above relevant relations of a common-in-law spouse residing with the employee. An additional two (2) working days leave with pay may be allowed as bereavement leave to attend the funeral if an employee must travel for four ( 400) hundred kilometres, one way. Applies to Regular Full Time and Regular Part Time and Casual Employees, if the Casual Employee was scheduled to work on the days that the bereavement leave would be taken.

ARTICLE 24.00 MA TERNI'fY OR PARENTAL LEAVE

24.01 Leave of absence without pay for maternity or parental leave shall be granted in accordance with the Ontario Employment Standards Act.

ARTICLE 25.00 BENEFITS

25.01 The Employer agrees that during the term of the collective agreement it will pay 100% of the premium costs of the various benefit plans now in effect. If the employer changes carriers any new plan will be comparable to the plan being replaced. Regular part time, and casual employees will be allowed to join the group benefit plans at their option and cost, where allowed by the insurer.

ARTICLE 26.00 HEALTH AND SAFETY

26.01 The Union and the Employer agree to co-operate in promoting safety and the avoidance of accidents to the employees.

26.02 SCA)3IES:

If circumstances arise where an employee has come in contact with a consumer who has been diagnosed by a physician as having scabies the employer shall grant the employee a maximum of one extra sick day per situation which must be taken between notification of scabies and treatment. Employer shall cover all costs of prescribed medication periaining to the said scabies to treat the said ailment fcJr the employee. The only instance where the Employer shall not pay lost wages for the above is when the time lost is covered by the Workers Safety Insurance Board (WSIB).

26.03 INFLUENZA VACCINATIONS

The Employer and Union agreed that influenza vaccinations are beneficial for clients and staff. Upon a order pertaining to the Employer or specially designated area(s) thereof from ihe Medical Officer of Health or in Compliance with applicable provincial legislation, the following rules will apply:

a) Employees shall, subject to the following, be required to be vaccinated for influenza.

b) The Employer recognizes that any of its employees have the right to refuse any required vaccination.

c) If an employee refuses to take the vaccine required under this provision, she or he may be placed on an unpaid leave of absence during any influenza outbreak in any of the communities in which the Employer provides service until such time as the staff member is cleared to return to work. If an employee is placed on unpaid leave she or he may use vacation credits or any other time owed in order to keep her or his pay whole.

d) If staff refuses to take vaccine because it is medically contra indicated, and where a medical certificate is provided to this effect, she or he will be reassigned during the outbreak period. It is agreed that any reassignment will not adversely impact other employees of the Employer.

e) If a staff member gets sick as a result of the vaccination, and applies for WSIB, the Employer will not oppose the claim.

26.04 s;_:_RISlS SITUATIONS

If circumstances arise where au employee is in contact with a consumer who is experiencing au outburst which causes violent behaviour where the employee has to leave the situation and be replaced by au alternate staff member, he or she will not suffer any loss of wages or benefits while the situation is being resolved and returned to normal. The worker may be obliged to perform other normal duties during such times at the Associatjon' s discretion rather than to be absent from work with pay and benefits if the situation allows. The only instance where the Employer shall not pay lost wages for the above is when the time lost is covered by the Workers Safety Insurance Board (WSIB).

26.05 }IEAL.IH AND SAFETY REPRES):;:NTATIVE

The Employer is to pay the lost wages and travel time, including meals and hotel for the Union Health and Safety Representative for any mandatory certification training approved by the Employer that may be required by either Federal or Provincial governments along with the W orkcrs IIealth and Safety Centre training that is provided by the union.

ARTICLE 27.00 OVERTIME

27.01 Overtime must be approved by the supervisor. There shall be no pyramiding of premium hours. Authorized time worked in excess of the 8 hours per day shift or the 12 hour shift or the normal bi-weekly hours (40 Hours) shall be paid at the rate of one and one-half (1 'h) times the employee's basic hourly straight time rate of pay, provided no overtime premium will be paid for overtime on an exchange of shifts mutually agreed to between two employees where approved by the supervisor.

ARTICLE 27.00 OVERTIME (Continued)

27.02 (:.ALL-INS

27.02 An employee who is called in outside of her/his normal schedule shall receive a minimum of three (3) hours pay.

ARTICLE 28.00 WAGE SCHEDULE

28.01 Increments on the pay grid are intended to be in recognition of experience with the employer in a particular position or capacity. Increments in the grid shall be granted for service in the capacity where the seniority is earned. This will mean that a (Direct Care Worker 1) shall be placed at the start level for this capacity.

Subject to above terms of this salary grid increments will be implemented as follows:

FUL1 TIME EMPLOYEES

START RATE Up to completion of probationary period ( 440 hours)

LEVEL 1 Probationary period to 2080 hours inclusive

LEVEL 2 2081 hours plus

PART TIME EMl'LOYEES

START RATE Up to completion of probationary period (440 hours)

LEVEL 1 Probationary period to 1450 hours

LEVEL2 1451 hours plus

ARTICLE 28.00 WAGE SCHEDULE (Continued)

28.01

28.0Z

PAY GRID APRIL 1, 2012

PIRECT CARE 2

START LEVEL 1 LEVEL 2

$21.66 $21.98 $22.32

DIRECT CARE 1

START LEVELl I,EVEL 2

$19.64 $19.96 $20.34

PAY GRID APRIL 1, 2013

DIRECT CARE 2

START LEVEL 1 LEVEL2

$22.26 $22.58 $22.93

DIRECT CARE 1

START L.ESEL 1 LEVEL 2

$20.18 $20.51 $20.90

During the term of the Collective Agreement, should the Government's position on a two year funding freeze change, and funding become available, all employee positions will be adjusted upward of an equal amount.

28.03 BANKING OF OVERTIME

Employees will have the option to bank any extra hours worked in excess of there regular schedule on a one for one basis to be taken at a later mutually agreeable time. In any year an employee wishes to participate in the banking of overtime provision she/he must advise the employer of her decision no later than January 31 51 in writing. Time which is banked must be taken in the fiscal year it is earned, Employees will be allowed to bank up to forty-eight (48) hours. Any homs which cannot be scheduled within the fiscal year will be paid out to the employee on the last pay period of the fiscal year. Payout will be at the employee's stmight time hourly rate.

The Employer agrees that, when scheduling permits and prior approval has been obtained from the supervisor, employees who work the twelve (12) hour shifts, may have the option of taking a leave of absence without pay for one of the twelve (12) hour shifts in the pay period that is ninety-six (96) hours.

ARTICLE 29.00 MEDICAL REQUIREMENTS

29.00 The Employer will cover the full costs of any requested medical certificates, reports, immunization or medical examinations.

ARTICLE 30.00 SEVERANCE PAY

30.00 Employees who have one (I) year or more of service and who are terminated or suffers a job elimination for any reason are entitled to be paid severance pay.

The amount of severance pay shall be one ( 1) weeks pay at their regular rate of pay for each year of service and any part thereof.

The amount of severance pay shall be increased to two (2) weeks per year for each full or part year of service over twenty-five years

All benefits will continue for the remainder of the month in which commences tbe application of severance pay plus one (I) month following such date.

Severance paid to an employee under this article shall be in ii.Jll and final satisfaction of all obligations of the Employer to the particular employee under the collective agreement.

ARTICLE 31.00 TWELVE (12) HOUR SHIFTS

31.00 All full time employees will work a twelve hour time balanced shift schedule ( 42 hour average work week) provided it meets the needs of the Consumer and Superior Greenstone Association for Commwlity Living.

ARTICLE 32.00 RETRO - PAY

32.00 Any retro-pay that is generated as a result of any negotiations will be identified on a separate payroll statement, showing the number of hours, rate and any other issue that may result in the paying of retro-pay and paid on a separate payment from the employee's regular pay. Any retro-pay will be paid on the first pay thirty (30) days after ratification of the memorandum of agreement

ARTICLE 33.00 ADJUSTMENTS

33.01

33.02

In recognition of the length of service and the earned in house qualifications,any employee with ten years of full time service at Direct Care 1 wages will be promoted to Direct Care 2 consistent with Article 2 of the Collective Agreement effective date of ratification.

ON CALL ADJUSTMENT

Employees assigned to be on call for weekends and when replacing the supervisor will receive twenty ($20.00) dollars per day for on call responsibility. The normal weekend begins on Friday at 4 p.m. and ends on Monday at 8 a.m. Ie On call Friday evening, Saturday, and Sunday- totalling sixty ($60.00) dollars

ARTICLE 34 NIGHT SHIFT

No employee shall be disciplined for sleeping on duty unless it is deemed as a habitual situation for the employee concerned. At that point the employee, Employer and Union will meet to resolve the situation

ARTICLE 35.00 DURATION OF AGREEMENT

35.01 This Agreement shall be effective from April 1, 2012 to March 31, 2014 and shall continue in effect 11-om year to year thereafter unless either party notifies the other in writing, within the period of ninety (90) days prior to the expiration date of this agreement. Pending the determination of term of a new Agreement, this Agreement shall remain in force.

In Witness thereof each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the day and year written

FOR THE EMPLOYER

COMMUNICATIONS, ENERGY AND PAPERWORKERS lJNION

OCAL240-3

NATIONAL REPRESENTATIVE

SIGNED AT THUNDER BAY ONTARIO · THIS ;J71'1"DAY (W ::;"/-.j , 2012

RE: ABUSE OF EARNED SICK TIME( continued)

5. The employee will be asked to obtain a Doctor's note for every absence that occurs.

6. The employee will not be allowed to return to work, and will not receive pay for any scheduled shifts until a Doctor's note is provided.

7. 'fhe expectation is that the rate of absenteeism for the employee will improve.

8. Should the pattern of absenteeism continue and no improvement is shown, it may be grounds for disciplinary action that may include termination of employment with SGACL.

LETTER OF UNDERSTANDING BETWEEN

SUPERIOR GREENSTONE

ASSOCI A TJON FOR COMMUNITY LIVING

AND

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF

CANADA LOCAL 240-3

RE: 20 HOUR PART TIME POSITION AT 31 RANKIN ST.

RED ROCK

Without prejudice and precedent

Be it known, that it is hereby agreed to, that there shall be two (2) twenty (20) hour part time positions assigned to work at the 31 Rankin St. address. These two - twenty hour positions shall be treated the same as a 24 hr. part time position within the Collective Agreement. For all intents and purposes therefore, all the rules and benefits applicable to a part time position shall apply to these positions.

it is further agreed that the 2 incumbents:

Melinda Tremblay and Emily Rioux.

Shall be allowed to remain in the positions as outlined above.

*Any and all casual shifts that arise at any worksite shall first and foremost be offered to the remaining employees within the casual pool before being offered to the 2 individuals listed above.

If no one from the casual pool or the two individuals above are able to work the available shifts then these shifts shall be offered to the remaining employees in accordance with the Collective Agreement article 16.06

For CEPU Local 240-3

~

LETTER OF UNDERSTANDING

BETWEEN

SUPERIOR GREENSTONE ASSOCIATION FOR COMMUNITY LIVING

AND

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA LOCAL 240-3

REDROCK

Without prejudice and precedent

RE: The Twelve hour positions at 31 Rankin st.

It is agreed that the 3 twelve hour positions will continue as is for 3 months from the date of ratification of this agreement. If it is determined before the end of the term of 3 months that budget approval has been given by the Ministry of Community and Social Services for the 12 hour shifts, then all three of the positions will be posted as per the Collective Agreement. At the end of the 3 month term at the latest, a decision will be made to continue with the 12 hour positions and post those positions, or revert back to the original letter of understanding for 31 Rankin st. Note: If a decision is made to continue with the 3 twelve hour positions before the end of the agreed upon 3 month term, the Employer will notifY the union of its intentions to post the positions.

POLICY:

Superior Greenstone

Association for

Community Living

POLICY: HR-IV-1 MANUAL: Human Resources

EFFECTIVE DATE: September 1, 2009 LAST REVISION DATE:

Policies and Procedures

ATTENDANCE MANAGEMENT

All employees of SGACL have a contractual obligation to be in regular attendance so they may perform the functions for which they were hired.

All employees play an important role in our organization. Their regular attendance and participation is required.

SGACL will make every reasonable effort to work with employees on an individual basis to maintain regular attendance at work. This may include assessing reasonable accommodation in compliance with the Human Rights code.

PURPOSE:

1. To communicate to all employees, the expectation that they must maintain their obligation to attend work regularly.

2. To work with employees to improve attendance.

3. To treat all employees fairly and effectively.

4. To take into account the individual circumstances of the absenteeism so improvement can occur.

Specific Responsibilities:

Employee's Responsibilities:

1. Understand their obligation to perform with regularity the duties for which they were hired.

2. Be at work regularly and on time.

3. Be interested in their own health and well-being.

4. Understand the intended use of sick leave.

5. Make every effort to live and work safely by following all agency policies and procedures and practice accident prevention both on and off the job.

6. Attend to personal affairs and obligations outside of work hours.

7. Personally maintain regular contact when off work due to disability or other reasons in discussion with their supervisor. NOTE: "Regular" contact will be determined between the supervisor and the employee.

8. Adhere to any Plan of Action established in order to improve attendance at work.

9. Cooperate in providing all required/requested medical documentation in the event of absence from work after a period of 3 days of absence at any time/upon request, OR in accordance with the Collective Agreement or an established plan of action.

10. Support fellow employees' return back into the workforce following an absence.

Supervisor's Responsibility:

1. Provide employees with competent, dedicated, professional leadership and a positive role model to follow.

2. Maintain accurate attendance records for all employees supervised. Once each month, the supervisor shall advise each employee in writing of the amount of sick leave accrued to his/her credit, as applicable.

3. Determine when an employee requires intervention and the type of intervention required for improving attendance.