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COLLECTIVE AGREEMENT Between

THE WEXFORD RESIDENCE INC.

And

HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304

DURATION: NOVEMBER 1, 2016 – OCTOBER 31, 2019

COLLECTIVE AGREEMENT

Between THE WEXFORD RESIDENCE INC. (hereinafter referred to as "the Employer") and HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304 (hereinafter referred to as "the Union") NOVEMBER 1, 2016 – OCTOBER 31, 2019

This printing is for information purposes only. Original signed documents are held on file at MISSISSAUGA MEMBER CENTRE

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE .............................................................. 1

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

ARTICLE 3 - UNION REPRESENTATION .................................... 4

ARTICLE 4 - NO STRIKES OR LOCKOUTS .................................. 6

ARTICLE 5 - UNION MEMBERSHIP AND CHECKOFF ................. 6

ARTICLE 6 - HEALTH AND SAFETY ........................................... 8

ARTICLE 7 - PROBATION.......................................................... 9

ARTICLE 8 - WAGES RATES AND CALL-IN PROCEDURE .......... 11

ARTICLE 9 - HOURS OF WORK AND OVERTIME..................... 14

ARTICLE 10 - VACANCIES, JOB POSTING, HIRING AND

TRANSFERS ...................................................... 19

ARTICLE 11 - VACATION ........................................................ 22

ARTICLE 12 - PUBLIC HOLIDAYS ............................................ 24

ARTICLE 13 - SENIORITY AND LAYOFFS ................................. 27

ARTICLE 14 - INSURANCE AND PENSION .............................. 31

ARTICLE 15 - SICK TIME ......................................................... 37

ARTICLE 16 - WSIB PROVISIONS ............................................ 37

ARTICLE 17 - ABSENCE FROM WORK AND REPORTING ........ 39

ARTICLE 18 - LEAVES OF ABSENCE ........................................ 39

ARTICLE 19 - JURY DUTY ....................................................... 47

ARTICLE 20 - DISCHARGE, SUSPENSION AND WARNING ...... 47

ARTICLE 21 - GRIEVANCE PROCEDURE ................................. 48

ARTICLE 22 - ARBITRATION ................................................... 51

ARTICLE 23 - UNIFORMS ....................................................... 54

ARTICLE 24 - GENERAL PROVISIONS ..................................... 54

ARTICLE 25 - DURATION ....................................................... 54

SCHEDULE “A” ...................................................................... 56

THE WEXFORD RESIDENCE INC. COLLECTIVE AGREEMENT NOVEMBER 1, 2016 – OCTOBER 31, 2019

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COLLECTIVE AGREEMENT

ARTICLE 1 - PURPOSE

1.01 The parties to this Agreement desire to foster and maintain a relationship among the Employer, the Union, and the employees which is in every respect conducive to their mutual well-being. The parties declare that in all instances and circumstances they commit themselves to the best of their ability to the happiness, security and physical, emotional and spiritual well-being of the residents.

1.02 Residents Rights Statement The parties recognize that residents have rights as is set forth in the Resident Bill of Rights. Both parties recognize the right of residents to live in an environment free from harassment, intimidation, and abuse.

ARTICLE 2 - RECOGNITION

2.01 This Agreement covers all employees of The Wexford Residence Inc., located at 1860 Lawrence Avenue East in Metropolitan Toronto, save and except supervisors and persons above the rank of supervisors, office, sales and clerical, and employees covered by a subsisting Collective Agreement.


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2.02

a. A full-time employee is defined as a person who regularly works more than forty-five (45) hours in a bi-weekly period.

b. A part-time employee is defined as a person who regularly works forty-five (45) hours or less in a bi-weekly period.

c. A student is an employee up to age twenty-three who is enrolled on a full-time basis at an educational institution and also includes individuals employed during school vacation periods.

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

2.03 Personnel outside the bargaining unit shall not perform work normally done by employees in the bargaining unit if this results in the reduction of hours of regular employees.

2.04 The Employer 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


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be laid-off with similar terms and conditions of employment is not a breach of this Agreement.

2.05 The Union recognizes that it is the exclusive responsibility and function of the Employer to manage the facility and, without limiting the generality of the foregoing to:

a. maintain order, discipline and efficiency, hire, assign, discharge, direct, promote, demote, classify, transfer, lay off or recall employees, subject to the terms of the Collective Agreement.

b. suspend or otherwise discipline employees for just cause, provided that a claim by any employee that she has been disciplined or discharged without just cause will be subject to the grievance procedure.

c. to determine the work to be done, the location, methods, work assignments and the schedule for the performance of such work.

d. make, enforce, and alter from time to time reasonable rules and regulations to be observed by the employees. Such rules are to be discussed by the parties before implementation.

e. to determine the number of employees required and the duties to be performed by each from time to time. The Employer shall discuss with the Union any change to the number of employees required, or the duties to be performed prior to any change.


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2.06 Management shall exercise its rights in a manner that is consistent with the terms of this agreement.

2.07

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

b. Every person who is an employee has a right to freedom from harassment in the workplace by the Employer or an agent of the Employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, creed, age, record of offense, marital status, same sex partnership status, family status or handicap.

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

ARTICLE 3 - UNION REPRESENTATION

3.01

a. Stewards appointed by the Union are representatives of the employees in the processing of grievances.

b. CLAC Representatives represent the employees in all matters pertaining to this Agreement. They are authorized to negotiate amendments to or renewals of this Agreement and to enforce all rights of the employees under this Agreement.


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3.02 A Steward shall be granted time off, without loss of wages, to assist an employee in the presentation of a grievance where such grievance must reasonably be dealt with during working hours. The Steward must first obtain permission from her Supervisor. Such permission will not be unreasonably withheld. Upon completion of her business, the Steward will report to her Supervisor and then return to her regular duties.

3.03 When a Steward is required at the request of a manager, and under the terms of this agreement to deal with grievance(s) or disciplinary matters outside of her hours of work, the steward shall be paid for such time at her regular rate of pay. It is understood that no overtime provision shall apply to stewards attending these meetings.

3.04 The Union has the right to appoint members to the bargaining committee. These employees shall be paid by the Employer at their regular hourly rates for all time spent on negotiating a Collective Agreement with the Employer up to but not including conciliation.

3.05 Labour-Management Committee a. The Employer and the Union agree to establish an

active labour-management committee. The committee shall be made up of an equal number of non-bargaining unit and bargaining unit persons (not less than two (2) of each). A CLAC Representative may attend such meetings as


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required. The committee shall keep minutes of its meetings. A copy of the minutes shall be posted in the Home.

b. The committee shall meet quarterly or more often if required. All time spent at labour management meetings shall be considered time worked, and employees serving on this committee shall be paid at their regular time hourly rate for all hours so worked. It is understood that no overtime provision shall apply to employees attending these meetings.

c. The committee is not empowered to deal with matters which are properly the subject of a grievance or negotiations for the amendment or renewal of this Collective Agreement.

ARTICLE 4 - NO STRIKES OR LOCKOUTS

4.01 During the term of this Agreement, and while any extension by operation of the law, there shall be no strike or lockout as defined by the Labour Relations Act as amended from time to time.

ARTICLE 5 - UNION MEMBERSHIP AND CHECKOFF

5.01

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


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new employees of the contractual relationship between the Employer and the Union. Before commencing work, the Employer shall advise the employee of the name of the Steward(s).

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

c. A Union Steward or Union Representative will have an opportunity to interview each new employee individually or in a group, within their regular working hours without loss of pay for any employees involved. The purpose of the interview is to inform the new employee about the Union in the facility, to provide an explanation of the Collective Agreement provisions and expectations. Such interviews will take place during the first thirty (30) days of employment and shall not exceed fifteen (15) minutes.

5.02 Deduction and Remittance of Dues i. The Employer is authorized and shall deduct each

pay period an amount equal to union dues from each employee’s pay. Such deductions commence with the first full pay period of the employment of an employee.

ii. The amount shall be calculated according to the Union’s dues policy. The Employer shall also deduct any initiation fees authorized by the Union. The Employer shall not deduct more than one (1) pay


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period’s dues from any one (1) pay cheque of an employee, except as outlined in the Union’s dues policy.

iii. The total amount checked off will be turned over to the Union before the fifteenth (15th) of the following month after the check off is made, together with an itemized list of the employees for whom the deductions are made, their hourly rate, hours worked, and the amount checked off for each.

iv. The Employer shall be saved harmless for all deductions remitted to the Union.

v. The total amount of Union dues annually paid by an employee shall be indicated on the employee’s T-4 slip.

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

5.04 No employee shall be required or permitted to make any written or verbal agreement with the Employer or it representatives which conflicts with the terms of this agreement.

ARTICLE 6 - HEALTH AND SAFETY

6.01 Every employee has the right to a safe and violence free workplace.


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The Employer shall make all reasonable provision for the occupational safety and health of employees.

The Employer and the Union shall establish a Joint Health and Safety Committee in accordance with the provisions of the Ontario Occupational Health and Safety Act, as amended from time to time. A Union Representative may attend such meetings.

Minutes shall be kept of all proceedings and copies of these minutes shall be sent to all committee members and one copy shall be sent to the Union.

The Employer will provide employees with all necessary tools, safety equipment, and protective clothing.

The Employer shall notify the Union of each accident or injury reported to WSIB.

Subject to new privacy regulations all incidents involving aggressive client action will be recorded and reviewed at the Joint Health and Safety Committee.

ARTICLE 7 - PROBATION

7.01 New employees shall serve a probationary period of four hundred and fifty hours (450) worked for part-time employees or six hundred (600) hours or four (4) months for full-time employees, whichever comes first. Upon completion of the probationary period, an employee shall obtain seniority which shall be


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calculated from the employee's hiring date. This hiring date shall also be used to determine anniversaries, pay increments, vacations, etc.

7.02 On or before the expiry date of an employee's probationary period, the Employer will confirm that:

a. the employee has successfully completed her probationary period; or

b. the employee is terminated.

The purpose of the probation period is to provide an opportunity to determine whether a new employee has the ability and qualities to become a reliable, competent employee. It is understood that the termination or suspension of a probationary employee shall be at the sole discretion of the employer and shall not be subject to arbitration. Such discretion shall not be exercised in a discriminatory manner.

7.03 Probationary employees are covered by this Agreement excepting those provisions which specifically exclude such employees.

7.04 During orientation the new employee shall work in addition to the regular number of employees. Orientation time will normally be served on all shifts the employee is expected to work. Orientation of one shift will be provided for all floors on which the employee works. If an employee is transferred to a


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satellite kitchen then one shift of orientation will be provided, except in cases of emergency.

7.05 Where a formal evaluation of an employee’s performance is carried out, the employee shall be provided with a copy to read and review. An employee who objects to her performance appraisal may elect to attach a statement to the document setting out the details and reasons for those objections.

It is understood that evaluations will operate independently of the disciplinary process set forth in Article 20.

An employee shall have the right, upon reasonable notice, to have access to and review their personnel file, and shall have the right to respond in writing to any document contained therein. The employee’s written response shall become part of their permanent record and will be produced at any time the documents in contention are presented for consideration.

ARTICLE 8 - WAGES RATES AND CALL-IN PROCEDURE

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

8.02 Wages shall be paid on applicable Thursdays on a bi-weekly basis. Pay cheques (paystubs) will be available


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at the office after 12:00 noon. In the event of an error on an employee’s pay, the correction will be made on the pay period following the date on which the overpayment comes to the Employer’s attention provided proper notice to the affected employee is made in advance. If the error results in more than twenty-five percent (25%) of an employee’s net pay being corrected due to overpayment such amount will be deducted over at least three (3) pay periods. If the error results in an employee being underpaid by one (1) day’s pay or more, the Employer will provide for the shortfall within three (3) business days from the date it is notified of the error.

8.03 Where a new classification is created, the Employer will discuss the wage rate with the Union. If there is no agreement on the wage rate, the Union may file a grievance at Step 2 of the Grievance Procedure and if no satisfactory resolution is reached, the matter may be referred to Arbitration.

8.04 When an employee reports on time for scheduled work or is called in and is notified that no work is available, she shall receive half (½) of the scheduled shift.

8.05 The Employer shall maintain a list of employees for the purpose of call-ins which shall be available for inspection by the Union. Employees on the call-in list shall be called in order of seniority, beginning with the most senior employee, until the staff shortage is filled.


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Succeeding call-ins will commence with the person listed below the last person to accept a call-in, and call-ins will continue on this basis through the whole list.

An employee who is not home, who does not answer or take a call-in or who is already scheduled to work, shall not be called again until her name comes up again in the rotation.

The Employer shall bypass on the list an employee who would otherwise become eligible for overtime rates of pay for the call-in, unless all employees available for the call-in are eligible for overtime rates of pay, in which case the employee shall not be bypassed.

8.06 When an employee is temporarily transferred by the Employer to a new job classification the following shall apply:

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

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


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8.07 Weekend Premium A weekend premium of fifteen cents ($0.15) per hour worked will be paid for weekend shifts. This premium will apply to hours worked between the start of a shift commencing on or about twenty-three hundred hours (2300) on Friday to the end of the shift ending on or about twenty-three hundred hours (2300) on Sunday.

Effective November 1, 2017 this amount will increase to twenty cents ($0.20) per hour worked.

Effective November 1, 2018 this amount will increase to twenty-five cents ($0.25) per hour worked.

ARTICLE 9 - HOURS OF WORK AND OVERTIME

9.01 Overtime pay is defined as one and one-half (1½) times the straight time hourly rate.

9.02

a. Full-time and part-time employees shall receive overtime pay for all work performed:

i. in excess of seven and one-half (7½) hours per day

ii. in excess of seventy-five (75) hours per pay period

iii. in excess of seven (7) consecutive days

b. It is agreed that the current practice of paying Cooks at straight time for eight (8) hours per day


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and up to eighty (80) hours on a bi-weekly period will continue, so long as the current shift length of eight (8) hours worked per shift remains in place.

9.03 There shall be no pyramiding of any benefits or overtime under any provisions of this Agreement.

9.04 The Employer shall schedule employees in accordance with the following:

a. No shift shall be of less than three (3) hours duration. An employee who reports to work (so long as her attendance was requested by the Employer) shall be paid a minimum of three (3) hours wages.

b. The Parties recognize that there are established shift patterns. The parties recognize that there may be a requirement to change shifts or establish alternative shifts in the future. Changes will not be implemented without prior discussion with the Union.

c. Nothing herein shall be construed as a guarantee of hours of work per day or per week or the number of days per week.

d. The regular hours of work for regular full-time employees, excluding Cooks, shall be up to eight (8) hours per day inclusive of an unpaid meal period of thirty (30) minutes.

e. All employees shall be scheduled on a master schedule. No changes shall be made to the master


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schedule without consultation and mutual agreement with the employees involved. All regular hours and shifts worked in the department shall be included on the master schedule.

f. When extra shifts become available as a result of an employee taking an approved leave or vacation, or if a shift or shifts are added permanently but do not constitute a job posting, the Employer will offer the additional time to the most senior qualified employees, up until the point of overtime subject to staffing and scheduling requirements.

g. Required attendance at a staff meeting, an in-service, or other mandatory meeting shall be considered hours worked. In-services and other meetings not part of a regular shift shall begin within one-half (½) hour of a shift worked. These hours shall be paid at straight time.

9.05

a. Employees scheduled to work seven (7) hours or more per day will be entitled to two (2) fifteen (15) minute breaks at a time to be designated by the Employer.

b. Employees shall be granted a one-half (½) hour unpaid lunch for each full shift worked of five (5) hours or more at approximately the mid-point of the shift. Employees may leave the premises during their lunch break provided they inform the


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person in charge prior to leaving and sign out. Except in cases of emergency, these breaks shall not be interrupted.

9.06 Employees shall be able to take their breaks in a room set aside for that purpose.

9.07

a. Full-time employees may be scheduled to work every other weekend. The Employer shall endeavour to schedule full-time employees to work one (1) weekend per month. An employee may agree to work more weekends than noted above.

b. Those employees working less than full-time shall be scheduled at least every third (3rd) weekend off, unless otherwise agreed by the employee(s) involved, or unless specifically hired to work every weekend.

c. Subject to the Emergency Leave provisions of the Employment Standards Act, when a part-time employee has been scheduled to work a weekend shift, she may only be excused provided that she arranges a shift exchange with an employee in the same classification.

9.08 No employees shall be scheduled to work more than six (6) consecutive days, or more than twenty (20) days in any four (4) week period. However, employees may request in writing to exchange working days and off


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days, provided such exchange is approved by the Employer in writing.

In the event employees, of their own accord for their own personal convenience wish to change shifts with appropriate qualified employees presently in the employ of the Employer, they shall first submit such request at least four (4) days in advance, in writing to the Manager for her approval in writing. Such request shall not be unreasonably denied. A Manager shall respond to a request for shift exchange no later than four (4) business days from the day of request. Employees may be permitted to give away a shift to another employee at the sole discretion of the Employer. Such requests shall not be unreasonably denied.

It is understood that overtime or premium pay provisions do not apply to staff initiated shift changes, nor shall the Employer be held in non compliance with any provision of this Agreement as a result of such a change.

9.09 No employee shall be required to work more than two (2) different shifts in any one (1) week, except in case of emergency. Full-time employees will have a break of at least sixteen (16) hours between shifts. Part-time employees will have a break of at least eleven (11) hours.


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9.10 The Employer shall not transfer an employee to a different shift unless it is for bona fide business reasons. The Employer agrees to have a full and thorough discussion with the Union before any transfer takes place. Employees who lose hours as a result of the above shall be allowed to utilize their seniority as per Article 12 for choice of their preferred shift.

9.11 The Employer shall post work schedules on a four (4) week basis at least two (2) weeks prior to the effective day of the schedule. No changes shall be made in the schedule after it has gone into effect, unless there is agreement with the employee(s) concerned.

9.12 Full-time employees called in on their scheduled weekend off shall have the option of receiving overtime pay or receiving one and one half (1 ½) hours of paid time off in-lieu for each hour worked on a scheduled day off. Employees shall take this in-lieu day within two (2) months at a mutually acceptable time.

ARTICLE 10 - VACANCIES, JOB POSTING, HIRING AND TRANSFERS

10.01 The Employer shall post all vacancies that are expected to be for a period of two (2) months or longer, or positions that have been vacant for two (2) months and indicate:

a. the job classification;


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b. the starting date; c. the shift(s) to be worked and the normal number of

shifts per pay period; d. whether the position is full-time or part-time; e. the anticipated duration for the temporary

position.

10.02

a. When filling a vacancy, the Employer shall give preference to an applicant employee with most seniority provided such an employee has the necessary skill, availability to report for work, ability and qualifications to perform the required work.

b. If a vacant position cannot be filled with employees that are employed, the Employer shall give preference to employees on layoff in order of seniority provided that they have the necessary skill and ability and is qualified to perform the work.

10.03 No vacancy shall be filled on a temporary basis until that vacancy has been posted.

10.04 Vacant positions shall be posted for at least seven (7) calendar days. Applicants must apply in writing to the supervisor in charge before the end of the posting to indicate that they are interested in the vacant position.

10.05 An employee selected to fill a vacant position shall hold that position for a trial period of thirty (30) working


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days. Either party may reverse the decision before the trial period ends at their sole discretion. It is understood, however, that no employee shall be transferred without her consent to a position outside the bargaining unit.

10.06 Only the original job vacancy and the first vacancy resulting from the award of the original vacancy will be posted. In filling a subsequent vacancy, consideration will be given to the factors in Article 10.02.

10.07 It is understood that a temporary vacancy shall not last for a period in excess of six (6) months, or the length of a normal maternity/ parental/adoption leave. An employee selected to fill a temporary position shall return to her former position without loss of seniority when the temporary position has expired or when the employee who holds the position permanently returns with appropriate notice.

10.08 Employees going on vacation may indicate in writing in advance their desire to apply for a posting, if such posting should occur during their vacation.

10.09 When an employee posts into a higher rated classification, the provisions of Article 8.06 a) shall apply. When an employee posts into a lower rated classification, she shall maintain her seniority position on the wage grid.


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ARTICLE 11 - VACATION

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

Period Worked Time Off Vacation

Pay

Less than 1 yr. 1 day per mth. service/max 10

4% of gross

1 yr. but less than 3 yrs. 2 weeks 4% of gross

3 yrs. but less than 8 yrs. 3 weeks 6% of gross




25 yrs. or more 7 weeks 14% of gross

11.02 If an employee’s scheduled vacation is interrupted due to a serious illness requiring the employee to be an in-patient in a hospital, the period of such hospitalization and subsequent confinement shall be considered sick leave provided that the employee provides satisfactory documentation of illness and hospitalization. The portion of the employee’s vacation which is deemed to be sick leave under the above provision will not be counted against the employee’s vacation credits.

11.03 On January 1 of each year the Employer shall post a blank vacation schedule sheet. Between January 1 and April 1 each employee shall have the right to indicate


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on this sheet the time during which she prefers to take vacation.

11.04 The completed vacation schedule shall be determined between April 1 and April 15. The guiding factors shall be seniority. Whenever a conflict arises that cannot be settled amicably, the dispute shall be resolved by the Employer.

11.05 The Employer shall post the final schedule on or about April 15. This schedule shall not be changed except with the consent of the Employer and the employee(s) affected.

11.06 Employees who submit a vacation request after the April 1 deadline shall be granted vacation on a first come, first serviced basis. The department manager shall be required to approve or deny such requests within two (2) weeks of receipt.

11.07 Full-time and part-time employees will be paid their vacation pay at the time vacation is actually taken.

Where vacation money is available, part-time staff will be paid for days normally scheduled.

As of December 31st any unused vacation monies from the current year will be paid out before the end of January the next year.


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11.08 Employees shall not have more than one (1) year of vacation entitlement in their vacation bank at any one time. It is understood, however, the parties can agree to waive this provision.

ARTICLE 12 - PUBLIC HOLIDAYS

12.01

a. All full-time employees shall be entitled to the following holidays, paid at regular rates:

New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday (first Monday in August), Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.

b. In addition to the above mentioned holidays, each full-time employee shall have two (2) floating holidays. Each employee shall have the right to select her floating holidays within the calendar year. Floating holidays, however, shall not be accumulated from one year to another. Employees shall give four (4) weeks notice of their desire to take a floating holiday. An employee shall not be entitled to a floating holiday until after being employed for six (6) months.


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12.02

a. Articles 12.02, 12.03, and 12.04 apply to full-time employees only.

b. An employee who qualifies for a paid holiday shall be paid at the rate of one and one-half times (1 ½x) the regular hourly rate for each hour worked, in addition to regular wages for the holiday. Instead of receiving regular wages for the holiday an employee may, at her request, to be made at the time of posting of the schedule, take a lieu day with pay at a later date.

Employees may accumulate up to two (2) lieu days for a period from January 1 to December 31. All lieu days must be taken by December 31st of any given year. Lieu days shall be taken at a time mutually agreed upon between the Employer and the employee. The employee shall provide the Employer with six (6) weeks of notice of when she wishes to take the lieu days. The Employer shall respond to her request within one (1) week. Any accumulated lieu days not taken within the given year of January 1 to December 31 shall be paid out on the next payroll after January 1.

No accumulated lieu days may be taken June 15-September 15 or December 15-January 15.


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c. An employee who does not qualify for a paid holiday shall be paid at the rate of one and one-half times (1 ½x) the regular hourly rate for each hour worked for the statutory holidays mentioned in Article 12.01 a).

12.03 If a paid statutory holiday occurs on an employee's regular day off or during the employee's vacation period, the employee will receive an additional paid day off in lieu to be taken at a mutually agreeable time within thirty (30) days of the holiday.

12.04 For an employee to be qualified for holiday pay, she must have completed her last scheduled shift before the holiday and her first scheduled shift after the holiday. This restriction shall not apply if the employee is excused in writing by her supervisor or Administrator, or if she is ill on one of the qualifying days. In the event that the employee is ill on one of the qualifying days, she may be required to provide proof of illness prior to being paid for the statutory holiday.

12.05 An employee may be scheduled to work on Christmas Day and Boxing Day of one year or New Year's Day of the next year, but not on both of these during the same holiday season unless the employee consents. If an employee has worked on Christmas Day or New Year's Day, the Employer shall make every effort not to schedule her for the same day the following year, unless requested otherwise.


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12.06 Part-time employees shall be entitled to one (1) floating holiday day each calendar year. Each part-time employee shall have the right to select her floating holidays within the calendar year. Floating holidays, however, shall not be accumulated from one year to another. Part-time employees shall give four (4) weeks notice of their desire to take a floating holiday. An employee shall not be entitled to a floating holiday until the completion of the probationary period.

12.07 Part-time employees who work on a statutory holiday, referred to in Article 12.01 a) will be paid at a rate of time and a half (1 ½) for all hours worked.

12.08 All employees who have not completed the probationary period shall receive holiday pay in accordance with the Employment Standards Act.

ARTICLE 13 - SENIORITY AND LAYOFFS

13.01

a. Seniority and service for full-time employees shall be defined as the length of continuous service with the Home since the date of last hire, subject to any other related provision of the Collective Agreement.

b. Part-time employees shall accumulate seniority and service on the basis of eighteen hundred (1800) hours paid with the Home since the date of


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last hire, equals one year of seniority and service subject to any other related provision of the Collective Agreement.

c. A part-time employee whose status is altered to full-time will be given credit for seniority and service on the basis of eighteen hundred (1800) paid hours being equivalent to one (1) year of full-time seniority and service and vice-versa.

d. Hours worked shall include all hours worked and paid for, as well as all hours not worked and paid for.

13.02 The Employer shall maintain a seniority list and post on the Union Board and send to the Union office before the end of January, and before the end of July of each year. This seniority list shall include seniority hours, date of hire, classification and status.

13.03 An employee's seniority rights shall cease to exist and the employee shall be deemed to have terminated employment if an employee:

a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed

through the grievance procedure; c. fails to report on the first day following the

expiration of a leave of absence, without notifying the Employer of such absence and providing to the Employer a satisfactory reason for such absence;


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d. is laid off for a continuous period of more than twenty-four (24) months;

e. has been absent for two (2) consecutively scheduled working days without having notified the Employer, and providing to the Employer a satisfactory reason for such absence;

f. retires or is retired.

13.04 In case of layoff, the Employer will consider the seniority standing of each employee providing they also have the necessary skill, availability to report for work, ability and qualifications to perform the work.

13.05 In the event of a proposed layoff of a permanent or long-term nature, the Home shall:

a. Provide the Union with no less than six (6) weeks written notice of the proposed lay-off.

b. Prior to giving the employees any notice of layoff, meet with the Union to discuss the situation and any possible means of minimizing the impact upon staff.

c. Provide the affected employee(s) no less than six (6) weeks written notice of layoff, or pay in lieu thereof. Payment in lieu for part-time employees, if necessary, will be calculated on the basis of an employee’s weekly earnings averaged over the six (6) month period prior to the notice of layoff.


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13.06 An employee in receipt of notice of layoff pursuant to 13.05 may:

a. Accept the layoff; or b. Opt to receive a separation allowance and

relinquish all recall rights; or c. Displace another employee who has lesser

bargaining unit seniority if the employee originally subject to layoff has the ability to meet the qualifications, skills, and experience required for the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with 13.05.

Any employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff.

13.07 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within three (3) working days after the layoff becomes effective.

13.08 An employee who is recalled to work after a layoff must return to work within two (2) working days if unemployed and within seven (7) working days if employed elsewhere. An employee employed elsewhere shall notify the Employer of her intent to return within two (2) working days of receipt of the


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notice of recall. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee's last known address.

13.09 Any employee who accepts a position outside the bargaining unit shall maintain her seniority for one (1) year after leaving the bargaining unit. If she wishes to return to the bargaining unit during that year, so long as she had remained continuously employed with the Employer, she may return and shall retain the seniority accumulated before her departure.

13.10 An employee who is subject to layoff other than a layoff of a permanent or long term nature shall have the right to accept the layoff or displace the least senior employee provided the employee originally subject to layoff has the ability, skills, qualifications required for the job.

ARTICLE 14 - INSURANCE AND PENSION

14.01 Upon completion of the probationary period, the Employer agrees to contribute one hundred percent (100%) of the premiums for the following benefits for all full-time employees:

a. The cost of a life insurance package with $30,000 coverage and a matching Accidental Death and dismemberment package.

b. The cost of an extended health care package.


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Generic drug substitution will be permitted unless the non-generic drug is expressly prescribed by the employee’s physician. Dispensing fee cap of seven dollars and fifty cents ($7.50).

c. The cost of the equivalent of a Blue Cross #9 Dental Package, with a 20% deductible. ODA fee guide lag one (1) year.

d. The cost of a vision care plan with a maximum benefit of one hundred and eighty dollars ($180.00) every twenty-four (24) months per person.

Effective June 1, 2017 this amount will increase to two hundred dollars ($200.00) every twenty-four (24) months per person.

Effective June 1, 2018 this amount will increase to two hundred and fifty dollars ($250.00) every twenty-four (24) months per person.

14.02 Part-time employees shall receive in lieu of all fringe benefits (being those benefits to an employee, paid in whole or part by the Home, as part of direct compensation or otherwise, save and except salary, vacation pay, call-back pay, reporting pay, responsibility allowance, jury and witness duty and bereavement pay) an amount equal to eight and half percent (8.5%) of her regular straight time hourly rate for all hours paid.


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For clarity, holiday pay is included as part of the percentage in lieu, further payment in lieu is not payable with respect to overtime premium and vacation pay.

14.03 Benefit Premiums The Employer shall continue to pay its portion of insured benefit premiums, provided employees continue to pay their portion:

a. during the calendar month in which a layoff or leave of absence occurs;

b. while the employee is off due to illness including the period when receiving sick leave benefits as defined in Article 15.01 for up to eighteen (18) calendar months from the date of the absence;

c. Benefits – WSIB or Paid Leave The Employer shall continue to pay premiums for benefit plans for employees who are on paid leave of absence or receiving WSIB benefits if the employee continues their contribution towards said benefits.

It is understood that the obligation of the Employer, to pay the aforesaid benefits while on WSIB, shall continue for up to eighteen (18) months following the date of injury.

Employees on any leave of absence may continue benefit coverage until such time as they lose their


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seniority, providing they make arrangements with the Employer to pay the Employer and employee portion of all benefit premiums to the Employer by the 15th of the month in which the premium is due.

14.04 An employee injured during working hours shall be paid for the balance of her scheduled shift.

14.05

a. The Employer is responsible at all times for the enrolment and the proper remittance and payment of premiums to the insurance carrier(s), unless the employee is on a leave of absence or is otherwise responsible for payment of the premiums.

b. All employees covered by the insurances shall be supplied with a copy of a booklet as provided by the insurance company, outlining the coverage to which they are entitled.

c. The Employer shall change insurance carriers upon discussion with the Union.

14.06 Pension All employees with nine hundred and seventy-five hours (975) of employment or more shall be enrolled in the pension plan.

The Employer shall deduct from the covered wages of each employee, each pay, an amount equal to five percent (5%) of such covered wages. The Employer


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shall pay an amount equal to five percent (5%) of covered wages for each employee.

All eligible part-time employees will be included in the pension plan unless they expressly and in writing, state a desire to withdraw from the plan. This option to withdraw may be exercised only once.

Covered wages shall include straight time hourly wages, the straight time portion of holiday pay, and vacation pay. All other earnings are excluded.

The Employer will remit the employees’ and Employer’s contribution to the Union Pension Plan registered with the Canada Customs and Revenue Agency (CCRA) and the Financial Services Commission of Ontario (FSCO) as Pension Plan #0398594, within twenty (20) days following the end of the month for which contributions are payable, together with an itemized list of employees and the amounts applicable to each.

Where legislation or the Pension Plan prohibits an employee from contributing to the pension plan because of age, an amount equivalent to the Employer contributions will be paid to the employee on each paycheque. This payment in-lieu will not be less than what the employee would have received if she were still contributing to the pension plan.


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The Union acknowledges and agrees that, other than remitting contributions to the Plan as set out in this Article, the Employer shall not be obligated to contribute toward the cost of pension benefits provided by the Plan or be responsible for providing such benefits.

The Employer and the Union will cooperate in providing the information required to administer the Plan on the employee’s behalf. The plan staff shall be responsible for informing the employees about the Plan, which includes providing update account statements of all contributions received, investment returns allocated and the current account balance.

14.07 Employees who continue to be employed past age sixty-five (65) shall be eligible for the following benefits under the same cost sharing basis as active employees:

i. reduced insurance by 50% ii. Extended Health iii. Dental iv. Vision

In any event, once an employee reaches age 70 and continues to be employed she shall automatically receive the in-lieu to part-time employees as set out in Article 14.02 and not be eligible for the benefits above.


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ARTICLE 15 - SICK TIME

15.01

a. Full-time employees shall be entitled to accumulate one sick day per month of employment after they have completed the probationary period. Payment for a sick day shall commence with the first day of sickness.

b. Sick day credits shall accumulate in a full-time employees’ sick bank at the rate of seven and one-half (7 ½) hours per calendar month to a maximum accumulation of eighty-five (85) days.

15.02 Employees who are on extended medical leave shall provide a medical update monthly.

15.03 An employee who becomes ill during working hours shall be paid sick pay for the balance of her scheduled shift, provided that she has sufficient sick credits.

15.04 Where the Employer requires an employee to obtain a medical certificate, the Employer shall pay for the cost of the certificate.

ARTICLE 16 - WSIB PROVISIONS

16.01 The Employer of an injured worker shall co-operate in the early and safe return to work of the worker by,

a. contacting the worker as soon as possible after the injury occurs and maintaining communication


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throughout the period of the worker’s recovery and impairment;

b. attempting to provide suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s pre-injury earnings;

c. giving the Union such information as the Union may request concerning the worker’s return to work; and

d. complying with the duty to accommodate injured and disabled workers under Human Rights legislation.

16.02 An injured employee shall have a period of two (2) years within which she shall retain seniority; within these two (2) years she shall have the right to return to work, if she provides a statement from her doctor indicating to the Employer that she has the physical capacity to return to work.

16.03 If, in the opinion of her doctor, the employee who returns to work is capable only of performing work of a different kind or of a lighter nature and such work is available in a classification mentioned in this Agreement, the employee may, if she is suitable and capable, exercise her seniority and displace another employee with less seniority in the classification.


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ARTICLE 17 - ABSENCE FROM WORK AND REPORTING

17.01 If an employee is unable to report for work she shall give the Employer a minimum of four (4) hours notice. In case of day shift work, this time element shall be a minimum of one (1) hour. If notice is not given within the required time, the employee shall not be entitled to her sick pay for the first day of illness.

17.02 An employee who is off work due to illness or injury for a short term must inform the Employer twenty-four (24) hours in advance of her scheduled shift that she will return to work. In case of a long-term absence, she must inform the Employer forty-eight (48) hours in advance of her scheduled shift that she will return to work. It is understood that the employee being displaced by another employee returning to work shall be given appropriate notice and shall be returned to her former position as per Article 10.07. It is also understood that the Employer shall incur no financial liability for such displacement.

Short-term absence in this Article shall mean less than eight (8) calendar days.

ARTICLE 18 - LEAVES OF ABSENCE

18.01

a. An employee who has completed probation may request a personal leave of absence. All requests


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for leave of absence will be subject to consideration of the efficient operation of the Employer. A request for a leave of absence shall not be unreasonably refused.

b. An employee who wishes to have a leave of absence shall, except in cases of emergency, state her request in writing four (4) weeks prior to the commencement of the requested leave of absence to her supervisor. The request shall include the commencement date of the requested leave of absence, the return date to work and the reason for the request. Leaves of absence will not be granted to probationary employees.

18.02 Employees who are on leave of absence will not engage in gainful employment elsewhere without agreement of the Employer. An employee who violates this rule will forfeit all seniority rights, and may be dismissed by the Employer.

18.03 Effect of Absence The terms seniority and service shall be determined by Article 13.01, 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 Home, both seniority and service will accrue.

b. During an absence not paid by the Employer exceeding thirty (30) continuous calendar days,


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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.

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 lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for a period of eighteen (18) months if an employee’s absence is due to a disability resulting in WSIB benefits.

18.04 Education Leave a. Where employees are required by the Employer to

take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full cost associated with the courses.

b. Subject to operational requirements, the Employer will make every reasonable effort to grant requests for necessary changes to an employee’s schedule to enable attendance at a recognized up-grading


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course or seminar related to employment with the Employer.

c. When an employee is required by the Employer to attend an in-service training outside her regularly scheduled working hours, and the employee does attend same, she shall be paid for all time spent on such attendance at her regular straight time hourly rate of pay.

18.05 Bereavement Leave a. An employee who has completed her probationary

period and is bereaved of a spouse, child or step-child, shall be granted up to five (5) days’ leave of absence with pay, up to and including the day after the funeral, for the purposes of arranging and/or attending the funeral.

b. An employee who is bereaved of a parent, brother, sister, mother-in-law, father-in-law, grandparent or grandchild shall be granted up to three (3) scheduled working days’ leave of absence with pay, up to and including the day after the funeral, for the purposes of arranging and/or attending the funeral.

c. An employee who has completed her probationary period and is bereaved of a brother-in-law, sister-in-law, son-in-law or daughter-in-law shall be allowed two (2) scheduled working days’ leave of absence with pay up to and including the day after


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the funeral, for the purposes of arranging and/or attending the funeral.

d. If an employee is bereaved of a member of her family, as specified above, while being on paid sick leave or vacation, the employee shall revert from sick leave or vacation to the bereavement benefit.

e. The Employer reserves the right to request details of the bereavement.

f. In the event of a spring internment, an employee may save one (1) of the days identified above without loss of pay to attend the internment. This needs to be identified at the time of death.

18.06 Bereavement pay shall apply only to days upon which the employee was scheduled to work.

18.07 If an employee is bereaved of a member in the immediate family (as specified in 18.05) while being on sick leave, she shall be paid bereavement leave.

18.08 Pregnancy and Parental Leave a. An employee who is on pregnancy leave and who is

in receipt of Employment Insurance pregnancy leave benefits shall be paid a supplemental Employment Insurance Benefit for a period not exceeding fifteen (15) weeks. The supplement shall be equivalent to the difference between seventy-five per cent (75%) of her normal weekly earnings and the sum of her weekly employment insurance benefits. Such payment shall commence after the


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two (2) week employment insurance waiting period.

b. An employee who is on parental leave and who is in receipt of Employment Insurance parental leave benefits shall be paid a supplemental Employment Insurance benefit for a period not exceeding ten (10) weeks. The supplement shall be equivalent to the difference between seventy-five per cent (75%) of her normal weekly earnings and the sum of her weekly employment insurance benefits. Such payment shall commence after the two (2) week employment insurance waiting period (if applicable).

c. In order to qualify for the supplemental benefit; an employee must complete ten (10) months of continuous service prior to the expected date of birth or the expected date of adoption.

d. The employee’s normal weekly earnings shall be determined by multiplying her regularly hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase or salary increment that she would be entitled to receive if she were not on pregnancy or parental leave.

18.09 Compassionate Leave The Employer shall grant compassionate leave of at least eight (8) weeks for time spent caring for a gravely ill or dying family member in accordance with ESA


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provisions on compassionate leave. During that period, the employee will continue to accrue and maintain benefits under the Collective Agreement.

Additional leave may be made available for reasonable cause under the personal leave provisions. Such leave will not be unreasonably refused.

18.10 The Employer shall remit to the Union, together with the remittance of Union dues, two cents ($0.02) per hour worked for each employee in the Union’s bargaining unit. The remittance will show the number of hours worked by each employee in the month in question.

18.11 Union Leave a. Subject to operational requirements, the Employer

agrees to grant leave of absence for Union business to employees selected by the Union to attend conventions, conferences and to participate in other Union business. It is understood the maximum total of all leaves granted under this section will not exceed thirty (30) normal working days per employee in any calendar year and requests for such leave of absence shall be made, in writing, at least two (2) weeks in advance. The Employer shall maintain the members’ wages and benefits for the duration of such leave and bill the Union to be reimburse for payment.


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b. Upon application by the Union, in writing, the Home will give reasonable consideration to a request for a leave of absence, without pay, to an employee elected or appointed to a full-time position within the Union. The Employer shall be given a minimum of four (4) weeks notice of such request. It is understood that no more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave shall be for not more than one (1) calendar year from the date of appointment.

Seniority shall accumulate for employees during such leave, on the basis of what his/her normal regular hours of work would have been. Service shall accumulate for employees during such leave to the maximum provided, if any, under the provisions of the Collective Agreement. It will become the responsibility of the employee for full payment of any applicable benefits in which the employee is participating during such leave of absence.

The employee shall notify the Home of her/his intention to return to work at least four (4) weeks prior to the date of such return. The employee shall be returned to her/his former duties on the same shift in the same department and at the appropriate rate of pay, subject to any changes


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which would have occurred had the employee not been on leave.

The Home may fill the vacancy resulting from such leave on a temporary basis.

ARTICLE 19 - JURY DUTY

19.01 The Employer shall reimburse an employee on jury duty for actual time served in such capacity, at the employee’s regular rate of pay that the employee was scheduled to work while serving on jury duty. The Employer shall similarly compensate an employee serving as a witness in a court proceeding related to a workplace matter. The employee must provide the Employer with a signed document from the clerk of the court, stating the time and days of attendance and the amount of payment received from the court, and the Employer shall deduct such payments from the employee's wages.

19.02 It shall be the employee's responsibility to advise the Employer immediately of the date(s) she is to serve on jury duty.

ARTICLE 20 - DISCHARGE, SUSPENSION AND WARNING

20.01 Disciplinary Meetings The Employer and the Union recognize that it is in their mutual best interests to allow each party to full and


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openly state their understanding of the facts in the dispute that has given rise to a disciplinary decision.

20.02 Within five (5) workdays following a suspension or discharge, the employee involved may together with a Union representative (if so requested by the employee) meet to discuss with the Employer the reasons for the suspension or discharge. Within five (5) workdays following this discussion, the Union may process the grievance via step 2 of the grievance procedure.

20.03 Each employee shall have reasonable access to his/her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein. An employee has the right to request copies of any evaluations in this file.

To gain access to his/her file, the employee must provide the Administrator or his/her designate with at least twenty-four (24) hours written notice. Such viewing will only take place during regular business hours Monday through Friday and in the presence of the Employer representative.

ARTICLE 21 - GRIEVANCE PROCEDURE

21.01 It is the mutual desire of the parties that grievances of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until she has first given her immediate supervisor an


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opportunity to adjust the grievance. Any grievance shall be discussed with the supervisor concerned within seven (7) calendar days after the circumstances giving rise to the grievance occurred or originated.

If the supervisor is unable to adjust the grievance to mutual satisfaction within seven (7) calendar days, the employee may proceed with the grievance procedure at a step 1 within an additional seven (7) calendar days after the decision of the supervisor.

The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.

21.02 The reference to days excludes public holidays. Time limits mentioned in this Article may be extended on consent of both parties.

21.03 The Employer or the Union shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, the time limits will commence on the first day that the matter giving rise to the grievance first came to the attention of the employee and/or the Union.

21.04 A “Group Grievance” is defined as a single grievance, signed by a steward or a CLAC Representative. Such a


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grievance must be dealt with at successive stages of the grievance procedure, commencing with step 1. The grievors shall be listed on the grievance form.

21.05 A ”Policy Grievance” is defined as a difference between the parties relating to the interpretation, application or administration of this Agreement, and is one that an individual employee could not grieve. A policy grievance may be submitted by either party at step 2 of the grievance procedure. A policy grievance shall be signed by a CLAC Representative and submitted to the Employer. A policy grievance submitted by the Employer shall be signed by the Employer or his representative.

21.06 “Grievance Procedure”

Step 1 An employee having a grievance must, submit the grievance to her director or designate in writing. The grievance shall bear the signature of the employee, and a Union steward or Representative. The nature of the grievance, the remedy sought, and the section(s) of the Collective Agreement which are alleged to have been violated shall be set out in the grievance. The director or designate will deliver her decision in writing within seven (7) calendar days after receipt of the grievance. Failing settlement, the next step of the grievance procedure may be taken.


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Step 2 Within seven (7) calendar days following the decision under step 1 (or the day on which this decision should have been made) the grievance must be submitted in writing to the Administrator or designate, to be discussed at a meeting between the grievor, the Administrator or designate and a Union Representative within seven (7) calendar days of receipt of the grievance. The Administrator or designate shall give a written disposition within seven (7) calendar days of the day of the meeting to the Union representative. Failing settlement, either party may submit the matter to arbitration.

ARTICLE 22 - ARBITRATION

22.01 If the parties fail to settle the grievance at step 2 of the grievance procedure, the grievance may be referred to arbitration as follows.

The parties may mutually agree to refer a grievance to mediation prior to arbitration. Each party shall pay one half of the remuneration and expenses of such a grievance settlement officer. Nothing herein stops either party from proceeding to arbitration at the same time of the above procedure to avoid delay.

22.02 The party requiring arbitration must serve the other party with written notice of the desire to arbitrate


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within fourteen (14) days after receiving the decision given at step 2 of the grievance procedure.

22.03 If a party wishes to arbitrate a dispute, it shall indicate whether it wishes to have this done by a board of arbitration or by a sole arbitrator.

If the party serving the notice opts for a board of arbitration, the two parties shall each put forward a nominee within seven (7) days, and each shall notify the other party of the name and address of its nominee. The two nominees so appointed shall jointly select an arbitrator. If they are unable to agree on the selection of an arbitrator within seven (7) days of their appointment, either party to the dispute may request the Minister of Labour to appoint an arbitrator.

The decision to opt for a sole arbitrator shall be arrived at by mutual consent. If agreement is reached to select a sole arbitrator the parties shall meet to select the sole arbitrator. Failure to reach agreement on selection of this sole arbitrator shall result in a request to the Minister of Labour to appoint same.

All references in this Article to a board of arbitration shall equally apply to a sole arbitrator.

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


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

22.06 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service.

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

22.08 The arbitration board is to be governed by the following provisions:

a. The board shall not have the power to alter or amend any of the provisions of this Agreement, except the time limits for grievances where the delay was occasioned by a reliance on words or conduct of the other party;

b. Each of the parties shall pay one-half (½) of the remuneration and expenses of the chairman of the board, plus the cost of its nominee.


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ARTICLE 23 - UNIFORMS

23.01 Within thirty (30) days of employment, new staff will be provided with uniforms as follows:

Full-time – 3 shirts, 2 pants and 2 aprons Part-time – 2 shirts, 1 pant and 1 apron

ARTICLE 24 - GENERAL PROVISIONS

24.01 The Employer shall provide a bulletin board upon which the Union shall have the right to post notices. All such postings shall first receive the approval of the Administrator or Designate.

24.02 The cost of printing sufficient copies of the Collective Agreement will be shared equally between the Employer and the Union. The Union will first submit the cost to the Employer for approval.

ARTICLE 25 - DURATION

25.01 This Agreement shall be effective on the first (1st) day of November, two thousand and sixteen (2016) and shall remain in effect until the thirty first (31st) day of October, two thousand and nineteen (2019), and for further periods of one (1) year unless notice shall be given by either party of the desire to delete, change, or amend any provision contained herein within ninety (90) days prior to the renewal date. Should neither party


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give such notice, this Agreement shall renew itself for a period of one (1) year.


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SCHEDULE “A”

CLASSIFICATIONS AND HOURLY RATES

Effective November 1, 2016

Classification Start After Prob.

Year One

Year Two

Year Three

Dietary Aide $16.82 $17.57 $18.98 $19.60 $19.81

Porter $16.82 $17.57 $18.98 $19.60 $19.81

Cook $20.03 $20.81 $22.12 $23.37 $23.37

Cook’s Helper $18.98 $19.76 $21.07 $22.32 $22.32



Year One

Year Two

Year Three

Dietary Aide $17.06 $17.82 $19.25 $19.87 $20.09

Porter $17.06 $17.82 $19.25 $19.87 $20.09

Cook $20.31 $21.10 $22.43 $23.70 $23.70

Cook’s Helper $19.25 $20.04 $21.36 $22.63 $22.63



Year One

Year Two

Year Three

Dietary Aide $17.30 $18.07 $19.52 $20.15 $20.37

Porter $17.30 $18.07 $19.52 $20.15 $20.37

Cook $20.59 $21.40 $22.74 $24.03 $24.03

Cook’s Helper $19.52 $20.32 $21.66 $22.95 $22.95


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For the purpose of wage progression, 1800 hours worked shall equal one (1) year for part-time employees.

Effective the first pay period after the date of ratification staff who hold the FSW certificate will receive a wage adjustment of ten cents ($0.10) per hour.

Retroactivity shall be paid within three (3) full pay periods from the date of ratification or date of an arbitration award, both to current employees and to employee who left the employ of the Employer on or after the first day of the expired Collective Agreement.

Dietary staff who hold the Food Service Workers certificate will be paid a ten cent ($0.10) per hour premium.


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LETTER OF UNDERSTANDING #1

Between

THE WEXFORD RESIDENCE INC. (hereinafter referred to as "the Employer")

and

HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304

(hereinafter referred to as "the Union")

RE: Scheduling Extra Shifts

The following represents an agreement between the parties on how to interpret Article 9.04 (f) of the Collective Agreement:

It is agreed that extra shifts are defined as any shifts that become available due to an approved leave or vacation, or if a shift or shifts are added permanently but does not constitute a job posting. For all other absences the call-in procedure outlined in article 8.05 shall be followed.

1. The extra shifts will be filled using the call-in seniority list. 2. When extra shifts are available a call will be made to the first

available and eligible employee on the call-in list. The employee who is contacted first will have the choice to accept up to a maximum of one (1) extra shift, up to the point of overtime. If the Employer is unable to contact the employee they may schedule the employee as per the employee’s submitted availability.


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3. The caller making the request for availability to cover extra shifts will continue through the call-in list until all available extra shifts are filled.

4. Succeeding extra shifts that become available in the next pay period will revert back to the top of the call-in list and offered to the most senior employee as per the process above. If additional shifts become available in the same pay period, the Employer shall continue through the call-in list starting with the employee below the employee who last accepted a block-time shift.

This interpretation of article 9.04 (f) will be on a trial basis for a period of six (6) months. Should the process need amending during the trial period the parties agree to meet together to resolve the issues.

clac.ca/myCLAC

MISSISSAUGA MEMBER CENTRE 1-2555 MEADOWPINE BLVD MISSISSAUGA ON L5N 6C3 T: 905–812–2855 TF: 800–268–5281 F: 905–812–5556 [email protected] CLAC RETIREMENT 1-800-210-0200

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