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bull bullbull Collective
Agreement
between
Ontario Public Service Employees Union on- behalf of its Local 403
and
Community Living Trenton and District Full Time and Part Time
DURATION April1 2004 TO March 312006-
-middot---
MAY 2 5 ZoM
CODING CONTROL DATE OQQER
IDENT CODED ~m~Y-RECENED JUN o 2 2005 ~~vP UNION EMPLOYER
-~-------- _
Sector 2A 4-403-248-20060331-2A
bull bull
bull l ~
bull bull TABLE OF CONTENTS
ARTICLE 1- PURPOSE 1
ARTICLE 2- RECOGNITION 1
ARTICLE 3- NO DISCRIMINATION 2
ARTICLE 4 -UNION INFORMATION ~ 3
ARTICLE 5- MANAGEMENT RIGHTS 3
ARTICLE 6- UNION REPRESENTATION 4
ARTICLE 7- DUES CHECK-OFF 8
ARTICLE 8 -STRIKES OR LOCKOUTS 9
ARTICLE 9- GRIEVANCE PRQCEDURE 9
ARTICLE 10- ARBITRATION 11
ARTICLE 11- PERSONNEL FILE 12
ARTICLE 12- SENIORITY 13
ARTICLE 13- PROBATION 16
ARTICLE 14- JOB VACANCIES 17
ARTICLE 15 -LAY-OFF AND RECALL 20
ARTICLE 16- EDUCATIONAL LEAVE 22
ARTICLE 17- BEREAVEMENT LEAVE ~ 23
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE 24
ARTICLE 19- COURT ATTENDANCE LEAVE 24
ARTICLE 20 - UNION LEAVE 25
ARTICLE 21- OTliER LEAVES 25
ARTICLE 22- MATERNITY PATERNITY amp ADOPTION LEAVE 26
ARTICLE 23- WORKERS COMPENSATION - 26
ARTICLE 24- HOURS OF WORK 28
ARTICLE 25- CALL BACK ~ 34
ARTICLE 26- OVERTIME 34
ii
bull bull ARTICLE 27- HOLIDAYS 35 bull
ARTICLE 28- VACATIONS 38
ARTICLE 29- SICK LEAVE 41
ARTICLE 30- INSlJRED BENEFITS 42
ARTICLE 31 -FINANCIAL 43
ARTICLE 32- STATUS CHANGE FROM PART-TIME TO FULL-TIME 45
ARTICLE 33- VIOLENCE IN THE WORKPLACE 46
ARTICLE 34- DURATION 47
LETTER OF UNDERSTANDING 1 48
SCHEDULE A- SUMJfARY OF INSURANCE 52
SCHEDULE B- WAGES 54
111
bull bull ARTICLE 1 - PURPOSE
101 The Employer and the Union wish to ensure that the best
interests of the people served by the Employer are maintained
within a collective bargaining relationship The purpose of this
Agreement is therefore to establish and maintain collective
bargaining relations between the Employer and the Union
representing the employees in the bargaining unit described
below tb pz_-ovide machinery for the prompt and equitable
disposition of grievances and to establish and maintain fair and
reasonable working conditions hours of work and wages for all
employees who are subject to the provisions of this Agreement in
order to ensure that the services provided by the Employer are of
the highest possible quality and consistent with the Employers
Mission Statement contained in Schedule A and directly related
Policies related to the implementation of the Mission Statement as
may be passed from time to time by the Board of Directors in
Schedule B
102 All references to the masculine gender in this Agreement shall
also be read in the feminine gender or vice versa whenever the
context so requires
ARTICLE 2 - RECOGNITION
201 The Employer agrees to recognize the Union as the exclusive
bargaining agent of all employees of Trenton and District
Association for Community Living save and except supervisors
persons above the rank of supervisor office and clerical staff and
students employed during the school vacation period
1
bull bull 202 The terms employee or employees as used in the Agreement shall
mean only those included in the bargaining unit as defined in this
Article
203 The Employer will not assign work normally performed bymiddot
employees in the bargaining unit to Supervisory staff to the extent
that as a result employees in the bargaining unit are laid off or
suffer a reduction in hours
204 (A) Full-time Employees
All employees other than Part-time Employees as defined in
(B) below who are hired to work the hours specified in Article
24 (A)
(B) Part-time Empl~yees middot
All employees who are hired to regularly work not more than
the hours specified in Article 24 (B) Part-time employees are
further defined as
Regular Part-time Employees
All employees permanently employed to work scheduled
hours of up to twenty-four (24) hours per week in a recurring
pattern
Casual Part-time Employees
All employees who work up to thirty (30) hours per week on a
casual on-call or as required basis
ARTICLE 3 - NO DISCRIMINATION
301 The Employer and the Union agree that there will be no
intimidation discrimination interference restriction or coercion
exercised or practiced by any of the representatives of the
2
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull
bull l ~
bull bull TABLE OF CONTENTS
ARTICLE 1- PURPOSE 1
ARTICLE 2- RECOGNITION 1
ARTICLE 3- NO DISCRIMINATION 2
ARTICLE 4 -UNION INFORMATION ~ 3
ARTICLE 5- MANAGEMENT RIGHTS 3
ARTICLE 6- UNION REPRESENTATION 4
ARTICLE 7- DUES CHECK-OFF 8
ARTICLE 8 -STRIKES OR LOCKOUTS 9
ARTICLE 9- GRIEVANCE PRQCEDURE 9
ARTICLE 10- ARBITRATION 11
ARTICLE 11- PERSONNEL FILE 12
ARTICLE 12- SENIORITY 13
ARTICLE 13- PROBATION 16
ARTICLE 14- JOB VACANCIES 17
ARTICLE 15 -LAY-OFF AND RECALL 20
ARTICLE 16- EDUCATIONAL LEAVE 22
ARTICLE 17- BEREAVEMENT LEAVE ~ 23
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE 24
ARTICLE 19- COURT ATTENDANCE LEAVE 24
ARTICLE 20 - UNION LEAVE 25
ARTICLE 21- OTliER LEAVES 25
ARTICLE 22- MATERNITY PATERNITY amp ADOPTION LEAVE 26
ARTICLE 23- WORKERS COMPENSATION - 26
ARTICLE 24- HOURS OF WORK 28
ARTICLE 25- CALL BACK ~ 34
ARTICLE 26- OVERTIME 34
ii
bull bull ARTICLE 27- HOLIDAYS 35 bull
ARTICLE 28- VACATIONS 38
ARTICLE 29- SICK LEAVE 41
ARTICLE 30- INSlJRED BENEFITS 42
ARTICLE 31 -FINANCIAL 43
ARTICLE 32- STATUS CHANGE FROM PART-TIME TO FULL-TIME 45
ARTICLE 33- VIOLENCE IN THE WORKPLACE 46
ARTICLE 34- DURATION 47
LETTER OF UNDERSTANDING 1 48
SCHEDULE A- SUMJfARY OF INSURANCE 52
SCHEDULE B- WAGES 54
111
bull bull ARTICLE 1 - PURPOSE
101 The Employer and the Union wish to ensure that the best
interests of the people served by the Employer are maintained
within a collective bargaining relationship The purpose of this
Agreement is therefore to establish and maintain collective
bargaining relations between the Employer and the Union
representing the employees in the bargaining unit described
below tb pz_-ovide machinery for the prompt and equitable
disposition of grievances and to establish and maintain fair and
reasonable working conditions hours of work and wages for all
employees who are subject to the provisions of this Agreement in
order to ensure that the services provided by the Employer are of
the highest possible quality and consistent with the Employers
Mission Statement contained in Schedule A and directly related
Policies related to the implementation of the Mission Statement as
may be passed from time to time by the Board of Directors in
Schedule B
102 All references to the masculine gender in this Agreement shall
also be read in the feminine gender or vice versa whenever the
context so requires
ARTICLE 2 - RECOGNITION
201 The Employer agrees to recognize the Union as the exclusive
bargaining agent of all employees of Trenton and District
Association for Community Living save and except supervisors
persons above the rank of supervisor office and clerical staff and
students employed during the school vacation period
1
bull bull 202 The terms employee or employees as used in the Agreement shall
mean only those included in the bargaining unit as defined in this
Article
203 The Employer will not assign work normally performed bymiddot
employees in the bargaining unit to Supervisory staff to the extent
that as a result employees in the bargaining unit are laid off or
suffer a reduction in hours
204 (A) Full-time Employees
All employees other than Part-time Employees as defined in
(B) below who are hired to work the hours specified in Article
24 (A)
(B) Part-time Empl~yees middot
All employees who are hired to regularly work not more than
the hours specified in Article 24 (B) Part-time employees are
further defined as
Regular Part-time Employees
All employees permanently employed to work scheduled
hours of up to twenty-four (24) hours per week in a recurring
pattern
Casual Part-time Employees
All employees who work up to thirty (30) hours per week on a
casual on-call or as required basis
ARTICLE 3 - NO DISCRIMINATION
301 The Employer and the Union agree that there will be no
intimidation discrimination interference restriction or coercion
exercised or practiced by any of the representatives of the
2
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
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8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
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~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
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50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull TABLE OF CONTENTS
ARTICLE 1- PURPOSE 1
ARTICLE 2- RECOGNITION 1
ARTICLE 3- NO DISCRIMINATION 2
ARTICLE 4 -UNION INFORMATION ~ 3
ARTICLE 5- MANAGEMENT RIGHTS 3
ARTICLE 6- UNION REPRESENTATION 4
ARTICLE 7- DUES CHECK-OFF 8
ARTICLE 8 -STRIKES OR LOCKOUTS 9
ARTICLE 9- GRIEVANCE PRQCEDURE 9
ARTICLE 10- ARBITRATION 11
ARTICLE 11- PERSONNEL FILE 12
ARTICLE 12- SENIORITY 13
ARTICLE 13- PROBATION 16
ARTICLE 14- JOB VACANCIES 17
ARTICLE 15 -LAY-OFF AND RECALL 20
ARTICLE 16- EDUCATIONAL LEAVE 22
ARTICLE 17- BEREAVEMENT LEAVE ~ 23
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE 24
ARTICLE 19- COURT ATTENDANCE LEAVE 24
ARTICLE 20 - UNION LEAVE 25
ARTICLE 21- OTliER LEAVES 25
ARTICLE 22- MATERNITY PATERNITY amp ADOPTION LEAVE 26
ARTICLE 23- WORKERS COMPENSATION - 26
ARTICLE 24- HOURS OF WORK 28
ARTICLE 25- CALL BACK ~ 34
ARTICLE 26- OVERTIME 34
ii
bull bull ARTICLE 27- HOLIDAYS 35 bull
ARTICLE 28- VACATIONS 38
ARTICLE 29- SICK LEAVE 41
ARTICLE 30- INSlJRED BENEFITS 42
ARTICLE 31 -FINANCIAL 43
ARTICLE 32- STATUS CHANGE FROM PART-TIME TO FULL-TIME 45
ARTICLE 33- VIOLENCE IN THE WORKPLACE 46
ARTICLE 34- DURATION 47
LETTER OF UNDERSTANDING 1 48
SCHEDULE A- SUMJfARY OF INSURANCE 52
SCHEDULE B- WAGES 54
111
bull bull ARTICLE 1 - PURPOSE
101 The Employer and the Union wish to ensure that the best
interests of the people served by the Employer are maintained
within a collective bargaining relationship The purpose of this
Agreement is therefore to establish and maintain collective
bargaining relations between the Employer and the Union
representing the employees in the bargaining unit described
below tb pz_-ovide machinery for the prompt and equitable
disposition of grievances and to establish and maintain fair and
reasonable working conditions hours of work and wages for all
employees who are subject to the provisions of this Agreement in
order to ensure that the services provided by the Employer are of
the highest possible quality and consistent with the Employers
Mission Statement contained in Schedule A and directly related
Policies related to the implementation of the Mission Statement as
may be passed from time to time by the Board of Directors in
Schedule B
102 All references to the masculine gender in this Agreement shall
also be read in the feminine gender or vice versa whenever the
context so requires
ARTICLE 2 - RECOGNITION
201 The Employer agrees to recognize the Union as the exclusive
bargaining agent of all employees of Trenton and District
Association for Community Living save and except supervisors
persons above the rank of supervisor office and clerical staff and
students employed during the school vacation period
1
bull bull 202 The terms employee or employees as used in the Agreement shall
mean only those included in the bargaining unit as defined in this
Article
203 The Employer will not assign work normally performed bymiddot
employees in the bargaining unit to Supervisory staff to the extent
that as a result employees in the bargaining unit are laid off or
suffer a reduction in hours
204 (A) Full-time Employees
All employees other than Part-time Employees as defined in
(B) below who are hired to work the hours specified in Article
24 (A)
(B) Part-time Empl~yees middot
All employees who are hired to regularly work not more than
the hours specified in Article 24 (B) Part-time employees are
further defined as
Regular Part-time Employees
All employees permanently employed to work scheduled
hours of up to twenty-four (24) hours per week in a recurring
pattern
Casual Part-time Employees
All employees who work up to thirty (30) hours per week on a
casual on-call or as required basis
ARTICLE 3 - NO DISCRIMINATION
301 The Employer and the Union agree that there will be no
intimidation discrimination interference restriction or coercion
exercised or practiced by any of the representatives of the
2
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull ARTICLE 27- HOLIDAYS 35 bull
ARTICLE 28- VACATIONS 38
ARTICLE 29- SICK LEAVE 41
ARTICLE 30- INSlJRED BENEFITS 42
ARTICLE 31 -FINANCIAL 43
ARTICLE 32- STATUS CHANGE FROM PART-TIME TO FULL-TIME 45
ARTICLE 33- VIOLENCE IN THE WORKPLACE 46
ARTICLE 34- DURATION 47
LETTER OF UNDERSTANDING 1 48
SCHEDULE A- SUMJfARY OF INSURANCE 52
SCHEDULE B- WAGES 54
111
bull bull ARTICLE 1 - PURPOSE
101 The Employer and the Union wish to ensure that the best
interests of the people served by the Employer are maintained
within a collective bargaining relationship The purpose of this
Agreement is therefore to establish and maintain collective
bargaining relations between the Employer and the Union
representing the employees in the bargaining unit described
below tb pz_-ovide machinery for the prompt and equitable
disposition of grievances and to establish and maintain fair and
reasonable working conditions hours of work and wages for all
employees who are subject to the provisions of this Agreement in
order to ensure that the services provided by the Employer are of
the highest possible quality and consistent with the Employers
Mission Statement contained in Schedule A and directly related
Policies related to the implementation of the Mission Statement as
may be passed from time to time by the Board of Directors in
Schedule B
102 All references to the masculine gender in this Agreement shall
also be read in the feminine gender or vice versa whenever the
context so requires
ARTICLE 2 - RECOGNITION
201 The Employer agrees to recognize the Union as the exclusive
bargaining agent of all employees of Trenton and District
Association for Community Living save and except supervisors
persons above the rank of supervisor office and clerical staff and
students employed during the school vacation period
1
bull bull 202 The terms employee or employees as used in the Agreement shall
mean only those included in the bargaining unit as defined in this
Article
203 The Employer will not assign work normally performed bymiddot
employees in the bargaining unit to Supervisory staff to the extent
that as a result employees in the bargaining unit are laid off or
suffer a reduction in hours
204 (A) Full-time Employees
All employees other than Part-time Employees as defined in
(B) below who are hired to work the hours specified in Article
24 (A)
(B) Part-time Empl~yees middot
All employees who are hired to regularly work not more than
the hours specified in Article 24 (B) Part-time employees are
further defined as
Regular Part-time Employees
All employees permanently employed to work scheduled
hours of up to twenty-four (24) hours per week in a recurring
pattern
Casual Part-time Employees
All employees who work up to thirty (30) hours per week on a
casual on-call or as required basis
ARTICLE 3 - NO DISCRIMINATION
301 The Employer and the Union agree that there will be no
intimidation discrimination interference restriction or coercion
exercised or practiced by any of the representatives of the
2
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull ARTICLE 1 - PURPOSE
101 The Employer and the Union wish to ensure that the best
interests of the people served by the Employer are maintained
within a collective bargaining relationship The purpose of this
Agreement is therefore to establish and maintain collective
bargaining relations between the Employer and the Union
representing the employees in the bargaining unit described
below tb pz_-ovide machinery for the prompt and equitable
disposition of grievances and to establish and maintain fair and
reasonable working conditions hours of work and wages for all
employees who are subject to the provisions of this Agreement in
order to ensure that the services provided by the Employer are of
the highest possible quality and consistent with the Employers
Mission Statement contained in Schedule A and directly related
Policies related to the implementation of the Mission Statement as
may be passed from time to time by the Board of Directors in
Schedule B
102 All references to the masculine gender in this Agreement shall
also be read in the feminine gender or vice versa whenever the
context so requires
ARTICLE 2 - RECOGNITION
201 The Employer agrees to recognize the Union as the exclusive
bargaining agent of all employees of Trenton and District
Association for Community Living save and except supervisors
persons above the rank of supervisor office and clerical staff and
students employed during the school vacation period
1
bull bull 202 The terms employee or employees as used in the Agreement shall
mean only those included in the bargaining unit as defined in this
Article
203 The Employer will not assign work normally performed bymiddot
employees in the bargaining unit to Supervisory staff to the extent
that as a result employees in the bargaining unit are laid off or
suffer a reduction in hours
204 (A) Full-time Employees
All employees other than Part-time Employees as defined in
(B) below who are hired to work the hours specified in Article
24 (A)
(B) Part-time Empl~yees middot
All employees who are hired to regularly work not more than
the hours specified in Article 24 (B) Part-time employees are
further defined as
Regular Part-time Employees
All employees permanently employed to work scheduled
hours of up to twenty-four (24) hours per week in a recurring
pattern
Casual Part-time Employees
All employees who work up to thirty (30) hours per week on a
casual on-call or as required basis
ARTICLE 3 - NO DISCRIMINATION
301 The Employer and the Union agree that there will be no
intimidation discrimination interference restriction or coercion
exercised or practiced by any of the representatives of the
2
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull 202 The terms employee or employees as used in the Agreement shall
mean only those included in the bargaining unit as defined in this
Article
203 The Employer will not assign work normally performed bymiddot
employees in the bargaining unit to Supervisory staff to the extent
that as a result employees in the bargaining unit are laid off or
suffer a reduction in hours
204 (A) Full-time Employees
All employees other than Part-time Employees as defined in
(B) below who are hired to work the hours specified in Article
24 (A)
(B) Part-time Empl~yees middot
All employees who are hired to regularly work not more than
the hours specified in Article 24 (B) Part-time employees are
further defined as
Regular Part-time Employees
All employees permanently employed to work scheduled
hours of up to twenty-four (24) hours per week in a recurring
pattern
Casual Part-time Employees
All employees who work up to thirty (30) hours per week on a
casual on-call or as required basis
ARTICLE 3 - NO DISCRIMINATION
301 The Employer and the Union agree that there will be no
intimidation discrimination interference restriction or coercion
exercised or practiced by any of the representatives of the
2
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull Employer or the Union because of an employees membership or
non-membership in the Union
302 There shall be no discrimination practiced by either the Employer
or Union by reason of race ancestry place of origin ethnic origin
citizenship creed sex sexual orientation age marital status
family status or handicap as defined in Section 9 ( 1) of the
Ontario Human Rights Code (OHRC)
ARTICLE 4 ~ UNION INFORMATION
401 middot The parties shall share equally the costs of printing sufficient
copies of this Agreement to provide one to each member of the
bargaining unit The Employer shall advise each new employee of
the existence of the Union and provide the employees with a copy
of this Agreement
402 The Employer agrees to provide the Union with one secured
bulletin board in each work area owned or leased by the
Association
ARTICLE 5 - MANAGEMENT RIGHTS
501 The Union recognizes and acknowledges that all rights and
prerogatives of management are retained by the Employer and
remain exclusively and without limitation within the rights of the
Employer and its management Without limiting the generality of
the foregoing the Employers exclusive rights power and
authority shall include but shall not be confined to the right to
(a) maintain order discipline and efficiency and in connection therewith to make alter and enforce from time to time reasonable rules and regulations policies and practices to be
3
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bullbull bull observed by its employees arid discipline or discharge employees A non-probationary employee shall have the right to grieve that any discipline or discharge is without just cau~e A probationary employee shall not have the right to grieve that discharge is without just cause
(b) select hire assign duties transfer promote demote classify lay-off re-call and retire employees
(c) determine the location and the extent of the operations and their designation commencement expansion revision curtailment or discontinuance to plan direct control or alter all operations to determine in the interest of efficient operation and highest standard of service the direction of the working forces the services to be provided and the methods procedures and equipment to be used in connection therewith to determine the descriptions of the jobs and job content the hours of work the work assignments the methods of doing the work for any service and the standards of performance for all employees
(d) require medical examinations to be performed by a medical practitioner satisfactory to the Employer and the employee for the purposes of determining that employees are capable of performing the duties and responsibilities of their assigned jobs (if the parties are unable to agree to a mutually satisfactory medical practitioner one shall be selected by the employees and the Employers medical practitioners)
(e) determine relevant qualifications of employees the number of employees required by the Employer at any one time introduce and improve methods facilities equipment control the amount of supervision necessary to increase and reduce personnel in any particular area
502 The Employer agrees not to exercise these rights in a manner
inconsistent with the provisions of this Agreement
ARTICLE 6- UNION REPRESENTATION
601 The Employer acknowledges the right of the Union to appoint or
elect stewards from amongst employees who have completed their
probationary period and who are covered by this Agreement The
4
bull
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull function of these stewards shall be to assist employees in their
respective areas in the processing of any grievance which may
properly arise under the provisions of this Agreement The Union
will notify the Employer of the names of the stewards in writing
before the Employer shall be required to recognize the same The
middot Union agrees to provide the Employer with notice of any changesmiddot
within seven days
602 The Union recognizes and agrees that the stewards have their
regular duties to perform in connection with their employment
and that only such time as is necessary will be taken by the
steward during working hours The steward shall obtain the
permission of the employees supervisor before leaving work to
assist any employee in investigating or presenting the employees
grievance The Employer reserves the right to limit the time spent
investigating the grievance if it deems the time taken to be
excessive
603 The Employer agrees to recognize a grievance committee
consisting of not more than two employees as the Union may
determine from time to time to attend meetings in accordance
with the grievance procedure
604 Negotiating Committee
The Employer agrees to recognize a negotiating committee
composed of up to three (3) employees whose functions shall be to
negotiate renewals of this Collective Agreement In addition the
negotiating committee may include a Full-time staff
representative of the Union
5
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull Leave of absence with no loss of pay and loss of credit shall be
granted to a member of the Union who participates in the
negotiations up to and including conciliation and in the
processing of a grievance upmiddot to and including the Grievance
Settlement Officer meeting (if any) provided that not more than
three (3) employees at any one time shall be permitted such leave
for negotiations (not more than two (2 employees at any one time
for the processing of a grievance)
605 EmployeeEmployer Relations Committee
Both parties agree to establish an employeeEmployer relations
committee consisting of three (3) Union representatives and three
(3) management representatives Either party may bring in an
additional resource person
The committee will provide a forum for ongoing communication
and the joint consideration of concerns of the Union employees
and Employer All such meetings will be held during normal
working hours
606 Health and Safety
(a) The Employer and Union agree that they mutually desire to
maintain high standards of safety and health in the
Employers operations and employees work habits in order to
prevent industrial injury and illness
(b) The Employer shall ensure that all employees receive the
appropriate training and orientation to the job through a
competent process when they are first employed or in a new
position
6
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull The Employer shall pay up to one hundred and fifty dollars
($15000) per calendar year toward the cost of safety boots if
employees are required to use them
(c) Training
For all Full-time and Regular Part-time employees where
mandatory staff training is required as a condition of
continued employment in an employees existing
classification (eg first aid CPI CPR etc) the Employer willmiddot
pay all wages and expenses associated with such training
Casual Part-time employees shall be offered the same
training courses as Full-timtr fl_nd Regular Part-time
employees The Employer will pay the tuition for such
middotcourses The training time and any expenses shall be the
responsibility of the employee
607 All new employees shall receive up to half (yen2) an hour orientation
with the Union steward or designated member The time for both
employees shall be paid time
Time shall be scheduled during regular working hours of both
staff and shall be held at a time mutually agreed to by the staff
and relevant supervisormanager and shall occur within the first
month of employment
The employer agrees to notify the Unit Steward or designate of
new hires within five (5) days The Union will then arrange to
meet the new employee Management will attempt to facilitate this
meeting
7
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull ARTICLE 7 - DUES CHECK-OFF
701 The Employer shall deduct from each months pay of each
employee starting with the pay period nearest to the employees
date of hire an amount equivalent to such union dues as may be
designated by the Union from time to time The Employer agrees
to remit this amount to themiddot First Vice-PresidentTreasurer of the
Union 100 Lesmill Road North York Ontario not later than the
15th day of each month following deduction accompanied by a
list of names and with the first dues deduction the SJN
numbers of the employees from whose pay the dues have been
deducted The Employer agrees that should negotiations result
in retroactive payment of salary increases the Employer will
deduct the amount of dues required by this Article at the time the
payment is made
102middot The Employer agrees to include the annual total of dues deducted
on the T4 slips of each employee affected by this Article
703 The Union will advise the Employer in writing of the amount of its
regular dues The amount so advised will co~tinue to be
deducted until changed by further written notice to the Employer
704 The Union will indemnify and save the Employer harmless
against any and all claims demands suits and other forms of
liability that inay arise out of any action taken of not taken by the
Employer for the purposes of complying with any of the provisions
of this Article
8
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull ARTICLE 8 - STRIKES OR LOCKOUTS
801 The Employer shall not cause or direct any lockout of its
employees and the Union shall not cause ot direct any strike or
other cessation of work refusal to work or to continue to work by
employees in combination or in concert or in accordance with a
common understanding or a slowdown or other concerted activity
on the part of the employees to restrict or limit the operations of
the Employer
ARTICLE 9 - GRIEVANCE PROCEDURE
901 Any dispute involving the application interpretation
administration or alleged violation of this Agreement including
any question as to whether a matter is arbitrable may be made
the subject of a grievance
902 Step 1
It is the mutual desire of the parties to this Agreement that the
grievance of an employee shall be resolved as promptly as
possible It is understoodmiddotthat an employee has no grievance
until the employee has first discussed the employees grievance
with the employees immediate Manager to afford the sides the
opportunity to settle the complaint Complaints shall be initiated
within fourteen ( 14) days of the circumstances giving rise to the
grievance where possible If unresolved the employee will inform
the manager that they are proceeding to step 2 of the grievance
903 Step 2
Within seven (7) days following receipt of the decision at Step 1
the employee shall submit the written grievance to the Executive
Director or the employers designate The Executive Director or
9
bull
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull the employers designate will meet with the grievance committee
and attempt to resolve the grievance The grievor has the right to
be heard at any such meeting A decision in writing will be
rendered within seven (7) days from the date on which the
grievance meeting was held
904 In the event that the decision of the Executive Director is
unsatisfactory the Union may refer the matter to arbitration
within ten ( 1 0) days following receipt of the reply at Step 2 in
- accordance with Article 10 of this Agreement
905 A grievance arising directly between the Employer and the Union
shall be originated at Step 2 within ten (10) days after the
circumstances giving rise to the grievance have occurred or
originated However it is understood that the provisions of this
section may not be used with respect to a grievance directly
affecting an employee or employees and that the regular grievance
procedure shall not be bypassed
906 All Agreements reached under the grievance procedure between
the Employer and the Union shall be final and binding upon the
Employer the Union and the employees All time limits referred
to in the grievance procedure and the arbitration procedure shall
be construed as mandatory and failure to comply with any time
limits shall be deemed abandonment of the grievance or denial of
the grievance as the case may be
Notwithstanding the foregoing the parties may agree to waive or
extend any of the time limits established in this grievance
procedure provided such waiver or extension is in writing
10
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull 907 Discharge Grievance
A claim by an employee who has completed the probationary
period that the employee has been unjustly discharged shall be
treated as a grievance if a written statement of such grievance is
lodged at Step 2 within seven (7) days after the date of such
discharge
908 An employee shall have the right to have a Union steward present
at any discussion with management at which the Employer
intends to impose discipline or at any step in the grievance
procedure
ARTICLE 10 middotARBITRATION
1001
1002
middotAny difference arising between the parties relating to the
interpretation application or administration of this Agreement
including any question as to whether a matter is arbitrable may
be submitted to arbitration within ten (10) days after the decision
at Step 2 is given but not thereafter Where such difference is
not referred to arbitration within the said ten ( 1 0) days the
grievance shall be deemed to have been settled or abandoned
When either party requests that a grievance be submitted to
arbitration it shall make such request in writing addressed to the
other party and at the same time suggest three (3) sole
Arbitrators With fourteen (14) days thereafter the other party
shall either accept one 1) of the suggested sole Arbitrators or
suggest three (3) alternate sole Arbitrators
If the parties are unable to agree upon a sole Arbitrator within a
period of twenty (20) days then the sole Arbitrator shall be such
11
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1003
1004
1005
1006
bullbull bull person that the Office of Arbitration of the Ministry of Labour may
designate or appoint
No person may be appointed as an Arbitrator who has been
involved in any attempt to negotiate or settle the grievance
The Arbitrator shall not have the jurisdiction to amend or add to
any of the provisions of this Agreement or to substitute any new
provision in lieu thereof nor to give any decision inconsistent
with the terms and provisions of this Agreement
No matter shall be dealt with in arbitration which has not been
properly carried through all the previous steps of the grievance
procedure unless mutually agreed upon in writing by the partiemiddots
The Union and the Employer shall jointly pay the expenses of and
fees payable to the sole Arbitrator
The decision of the Arbitrator shall be final and binding on the
Employer and Union and employees
ARTICLE 11 - PERSONNEL FILE
1101 The employee may request the examination of the employees
employee file twice per year and the same shall be shown to th~
employee within ten (10) working days at a time designated by the
Employer and in the presence of a person designated by the
Employer Employees shall receive copies of employmentmiddot
agreements performance appraisals and disciplinary notice
12
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
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erfeclivclate) ~(fA v- ( tfltf
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(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
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1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
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IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
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rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1102
1103
bull bull A letter of discipline that has been placed in the employees record
shall be removed in twelve (12) months provided no further
discipline on any related matter has occurred
The Employer shall provide to each employee on the bi-weekly
pay stub the vacation and sick time accumulation totals in
hours
ARTICLE 12 middot SENIORITY
1201 Definition of Seniority
Seniority shall be defined as the period of continuous service with
the Employer and shall be shown as the total number of hours of
seniority earned
Period of continuous service with the Employer shall be defined
as follows
(A) Full-time Employees middot
As the total number of hours credited since the most recent
date of hire in the bargaining unit The calculation and
application of seniority shall be made as set out elsewhere in
this agreement and shall include all regular hours worked
including approved leaves of absence as appropriate up to a
maximum of eighty (80) hours per two weeks
(B) For Part-time Employees
As the total number of hours actually worked since the most
recent date of hire as a part-time employee in the bargaining
unit The calculation and application of seniority shall be
made as set out elsewhere in this agreement and shall
13
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1202
1203
1204
bull bull include all regular hours worked including approved leaves
of absence as appropriate up to a maximum of eighty (80
hours per two weeks
It is understood and agreed that notwithstanding any
restriction on Part-time employees use of seniority elsewhere
in this agreement Part-time employees may use their
seniority equally and in the same manner as Full-time
employees for the purposes of Article 14- Job Vacancies
Employees promoted to supervisory positions or other positions
not covered by this Agreement will retain but not accrue seniority
for a period of one (1 year for each occurrence (Each occurrence
must be at least six (6 months from the last
Separate seniority lists shall be maintained as follows
(a) A separate seniority list for Full-time employees A separate seniority list for Part-time employees
(b) Each seniority list will show the name classification date of hire and seniority expressed in hours of all employees The seniority lists shall be updated every three (3 months and supplied to the Staff Representative and the Union Steward
Seniority shall be lost and an employee shall be deemed to have
terminated the employees employment with the Employer if the
employee
(a voluntarily quits the employees employment
(b) is discharged and not reinstated through the grievance and arbitration procedures
14
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1205
1206
bull bull (c)middot fails to report to work within three (3) days of the date of
recall specified in a registered letter sent to the last address on record with the Employer
(d) utilizes a leave of absence for a purpose other than for which it was granted
(e) has not been actively engaged in work for the Employer for more than twelve (12) months for any reason other than an absence due to sick leave (paid or unpaid) or due to compensable injury In the case of absence due to sick leave or compensable injury seniority shall be lost and themiddot employee shall be deemed to have terminated the employees employment with the Employer after a period of twenty-four (24) months
(f) retires or is retired
A Full-time employee who is absent from work for three (3) days
while failing to obtain permission from the Employer shall be
deemed to have lost all seniority and shall be deemed to have
terminated the employees employment with the Employer
A Part-time employee who is scheduled to work and who fails to
report as scheduled while failing to obtain permission from the
Employer three (3) times in any calendar year shall be deemed
to have terminated the employees employment with the
Employer
It shall be the responsibility of the employee to keep the Employer
informed of the employees current address and direct deposit
information If any employee fails to do this the Employer will
not be responsible for the failure of a notice to reach the
employee or of a direct deposit to have been made
15
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull 1207 Seniority shall operate on a bargaining unit wide basis
ARTICLE 13 - PROBATION
1301 (A) Full-time Employees
A newly hired full-time employee shall be on probation and
will not have seniority until the employee has actually
middot worked five hundred twenty (520) regular hours from the
employees most recent date of hire as a full-time employee
It is understood that regular11 is defined as the number of
hours per qay the employee was scheduled to work
Upon successful completion of a full-time employees
probationary period the full-time employee shall be enrolled
in the benefit plans described in Article 30 and shall acquire
seniority rights which shall date back to the employees most
recent date of hire in the bargaining unit
(B) Part-time Employees
A newly hired Part-time employee shall be on probation and
will not have seniority standing until the employee has
actually worked five hundred and twenty (520) hours of
regular employment from the employees most recent date of
hire as a Part-time employee A Part-time employee who has
completed the probationary period shall not be required to
complete another probationary period if the employee
becomes a Full-time employee
It is understood that regular ismiddot defined as the number of
hours per day the employee was scheduled to work Upon
successful completion of the probationary period a Part-time
16
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1302
bull bull employee shall acquire seniority rights which shall date back
to the employees most recent date of hire as a Part-time
employee Notwithstanding this fact seniority ranking on
the seniority list for Part-time employees will be based on
actual hours paid directly by the Employer from the
employees most recent date of hire as a Part-time employee
As such a Part-time employees seniority ranking will float
up or down on the seniority list based on actual hours paid
directly by the Employer from the employees most recent
date of hire as a Part-time employee
During the probationary period any employee identified in Article
1301 shall be considered as being employed on a trial basis It is
understood that probationary employees may be dismissed at any
time during the probationary period at the discretion of the
Employer and that probationary employees shall not have access
to the grievance procedure in the event of their discharge
ARTICLE 14 bull JOB VACANCIES
middot1401 The Employer agrees to post notices of all vacancies in permanent
Full-time positions and notices of new permanent Full-time bull
positions for a period of seven (7) days from the date received at
the work locations where the notice is posted Such postings
shall stipulate the location(s) of the job the job title a brief job
description and qualifications required for the position concerned
Such notices shall be posted at each work area and the
Administration Offices
The Employer shall advise the Union of anymiddot permanent Full-time
position it makes redundant
17
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1402
1403
1404
1405
1406
1407
bull bull Members of the bargaining unit shall apply for vacancies during
the posting period
Subject to Article 1408 in the event that a vacancy occurs or a
new position is created the Employer is free to fill the vacancy or
new position on a temporary basis by seniority for up to ninety
(90) days In the case of a vacancy the Employer shall determine
within the said ninety (90) days whether to declare the position
redundant or to fill it
In filling a vacancy the Employer shall give primary consideration
to seniority except where the most senior applicant does not have
the skill ability experience or qualifications to effectively meet
the needs of the personpersons supported
The Employer shall hire from within the bargaining unit so long
as there are applicants with the required skill ability experience
and qualifications to effectively meet the needs of the person or
persons supported
Notwithstanding Article 1404 and Article 1405 if no written
applications are received by 400 pm on the last day of the
posting or if none of the applicants have the required skills
ability experience or qualifications to relate to the client(s) the
Employer may fill the new job or vacancy from either within or
outside the bargaining unit
Each applicant will be notified in writing of the outcome of the job
competition within five (5) working days of the final decision by
the Employer
18
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1408
- 1409
1411
1412
bull bull Temporary vacancies (defined below) need not be posted in
accordance with the middotprovisions of this article but will be offered
first to the most senior qualified Fulltime employee In the event
that the temporary vacancy is not filled by this employee it will
then be offered in descending order of seniority to each Full-time
employee until it is filled In the event that the temporary
vacancy is not filled in this manner it will be offered to Part-time
employees in the same manner as described above
(a) maternity parental leave up to fifty two 52) weeks
b) education leave up to six 6) months
c) all other not to exceed ninety (90) days
Only the original vacancy and one vacancy arising out of filling
the original vacancy need be posted under this Article
Employees temporarily assuming the duties and functions of a
higher classification through a secondment or competition or
who are assigned to fill in for an absent employee shall receive the
pay of that level of classification after three (3) days in that
position and the pay shall be from day one (1)
When accepting a temporary secondment the employee will not
be permitted to apply for another temporary assignment until the
last ninety (90) days of their secondment unless the position
applied for offers a higher rat~ of pay or increase in scheduled
hours~
Training opportunities (for example seminars and workshops)
shall be posted as far in advance as possible and employees may
19
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull submit their interest in writing to the Employer This in no way
restricts the Employers right to assign training opportunities and
the Employer will take into consideration the employees interests
in light of the Agencys operational needs
ARTICLE 15 middot LAY-OFF AND RECALL
1501
1502
1503
Lay-offs will- be rriade on the basis of types of employees as
specified in Article 204 Employees shall be provided with three
(3) mon~hs of notice of layoff or pay in lieu of such notice In the
event of a lay-off employees by type as specified in Article 204
shall be laid-off based on seniority provided that the employees
remaining are qualified and can do the work Employees by type
as speCified in Article 204shall be recalled in the reverse order
of their seniority provided they are qualified to do the work
-It is understood that in the event of a lay-off or recall from lay-
off Part-time employees cannot displace Full-time employees
under the lay-off and recall procedures
An employee who is displaced under Article 1501 shall be
entitled to displace the most junior employee by type of employee
being laid --off as specified in Article 2 04 in the next lower paid
classification who occupies a position for which the employee is
suitable in relation to client needs and who has less seniority
than the displaced employee
If no such position is available the employee shall be entitled to
displace the most junior employee by type of employee being laid
off as specified in Article 2 04 in the next lower paid classification
who occupies a position for which the employee is suitable in
20
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1504
1505
1506
bull bull relation to client needs and who has less seniority than the
displaced employee
Full-time Employees
Notwithstanding Article 1501 a Full-time employee who is
subject to lay-off and who is not able to exercise seniority under
Articles 1502 and 1503 shall be entitled to displace the least
senior employee designated as a Part-time employee
(a) The Full-time employee shall retain the employees seniority
accumulated as a Full-time employee Seniority shall then middotbe
accumulated in the same manner as a Part-time employee
(b) The Full-time employee mentioned in (a) above shall retain
recall rights to a Full-time position for a period of twenty-four
(24) months from the date of the employees move to the
Part-time position If not recalled within the twenty-four (24)
months the employee will be deemed to be a Part-time
employee
No new employees shall be hired until those laid off have been
given the opportunity of recall subject to the terms of Article
1501
A Full-time employee or Part-time employee who is recalled and
re-instated to a position with a lower rate of pay than the position
which the employee occupied at the time of the lay-off shall be
given the first opportunity (consistent with skills ability
experience and qualifications to effectively meet the needs of the
person(s) supported) to return to a vacant position at the
equivalent rate of pay of the employees former position
21
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1507
1508
1509
1510
15-11
bull bull When recalling an employee after lay-off the employee shall be
notified of the date of recall by letter sent by registered mail at
least ten ( 1 0) days before the date of recall
The laid off employee will promptly notify the Employer of any
change in the employees address and or telephone number
Recognizing the special and very sensitive nature of the work
involved and the need to match workers skills to client needs the
Employer may for the purpose of complying with this Article
transfer or re-assign but not demote employees who remain on
the job after a lay-off as the circumstances may require
In addition to the benefits available under the Employment
Standards Act an employee with one or more years seniority that
is laid off shall be entitled to a separation allowance of one (1)
weeks pay for every year or part year (prorated) of continuous
service up to a maximum of six years
In the case of lay-off the Union and Employer may propose other
terms than those stated in this article and any mutual agreement
between the Union and the Employer shall take precedence over
other terms of lay-off in this agreement
ARTICLE 16 - EDUCATIONAL LEAVE (NOTE Article 1602 only ~pplies to Full-time Employees)
1601 Employees who wish to undertake an approved course of work
related studies which is only available during working hours will
22
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
1602
bull bull be given consideration for time off to attend classes and sit
examinations
The parties recognize the importance of continuing staff
development opportunities that will enable staff to keep abreastmiddotof
new ideas and remain challenged by encounters with leaders in
the field of caring for the developmentally handicapped The
employer will therefore endeavour to make such opportunities
available
The employer shall pay up to one half the cost of tuition fees (to a
maximum of 12500) for fulltime employees attending work
related courses on the following basis
a) the course is approved by the employer in advance of the fullshy
time employees enrollment in it
(b) the full-time employee must submit to the employer proof of
attendance and a receipt showing the tuition fees paid by the middot
employee
(c) the Employer will reimburse the Full-time employee in
accordance with this Article upon presentation of the said
proof of attendance and receipt provided the Full-time
employee successfully completes the course
ARTICLE 17- BEREAVEMENT LEAVE
1701 In the event of a death of a member of an employees immediate
family (grandparents grandparents-in-law parents parents-inshy
law brother brother-in-law stepbrother sister sister-in-law
stepsister spouse child stepchild grandchild aunt and uncle
23
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull step-parent common-law partner and same sex partner) the
employee will be granted up to three (3) consecutively scheduled
working days leave with pay These days are to be taken within
seven (7) days of the death If the employee requires additional
time off the employee may arrange with the employees
supervisor for vacation lieu time or leave without pay
ARTICLE 18- SPECIAL OR COMPASSIONATE LEAVE
1801 An employee who experiences serious illness or accident within
the employees immediate family where the employees presence is
required should make the situation known to the employees
manager Employees who require time off for specialfamily
related mental health leave shall notify their manager prior to
their shift Employees will be permitted to use up to three (3)
days per calendar year from the employees sick leave bank under
this provision
ARTICLE 19 - COURT ATTENDANCE LEAVE
1901 An employee who is obliged to serve as a juror or witness in
Courtmiddot but not as a defendant in a proceeding unrelated to their
employment will be granted leave with pay provided the
employee
(a) notifies the Employer immediately upon being advised that the employee will be required to attend as stated above
(b) presents proqf of service requiring the employees attendance
middotc) immediately after receipt pays to the Employer the full compensation received less expenses and mileage paid in connection with the Court attendance
24
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
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erfeclivclate) ~(fA v- ( tfltf
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(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
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1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
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IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
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rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull
ARTICLE 20 middot- UNION LEAVE
2001
2002
The Employer shall grant leave of absence without pay for
employees to attend Union functions provided that this leave does
not unduly interfere with the operations of the Employer The
total leave granted shall not exceed twelve (12) working days per
year In addition the union president shall be entitled to an
additional six days unpaid leave of absence to attend to union
business
Leave of absence with no loss of pay and with no loss of credits
middotshall be granted to an employee elected as an Executive Board
member of the Union
The Union will reimburse the Employer for the salary and benefits
paid to amiddot member granted leave under this Article within 20 days
of payment to the employee
ARTICLE 21 middot OTHER LEAVES
21()1 Requests for other leaves of absence without pay shall be
considered on an individual basis Each request will be
considered on its own facts Whenever possible the request will
be made in writing at least four (4) weeks in advance of the
commencement of the leave Seniority shall continue to accrue
for not longer than one (1) month except as provided for in Article
1203
25
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2102
bull bull The Employers payments towards all insured benefits for Fullshy
time employees specified in Article 30 will be suspended after the
first month of any leave of absence under this Article They will
be reinstated upon the return of the Full-time employee to FUllshy
time duty If the Full-time employee wishes continuation of these
benefits during such leave it will be the employees responsibility
to pay the total cost ofthese group insurance benefits in a timely
manner This Article shall be applied in accordance with all
applicable legislation
An employee who is elected to office at any level of civic
government may request leave without pay as is required to fulfill
the duties of the position to which the employee was elected
ARTICLE 22 -MATERNITY PATERNITY amp ADOPTION LEAVE
2201 An employee shall be eligible for maternity paternity or adoption
leave consistent with the Employment Standards Act
ARTICLE 23 middot WORKERS COMPENSATION
2301
2302
The Employer agrees to abide by the Workers Compensation Act
with respect to the payment of benefit premiums for and the
accommodation of injured workers The Employer is committed
in the best interest of the Employer and the employee to ensure
early and safe return to work following compensable injury
consistent with the Workers Compensation Act
Return to Work from WSIB Absence
This will confirm that the Trenton and District Association has an
interest in and commitment to employees returning to work at the
earliest possible moment following compensable injury consistent
26
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2303
bull bull with the Workers Compensation Act It is the Employers opinion
that this is not only in the best interest of employees but also the
Employer
Calculation of Seniority for Part-Time Employees on WSIB
Notwithstanding any Article that may be to the contrary in the
Collective Agreement a Part-time employee while off work due to
an absence covered by Workers Compensation will earn seniority
credits for each day off work following the first day of absence
based on the rate of the employees average daily number of
hours worked over the thirteen (13) week period imrilediately prior
to the rhost recent date of absence flowing from the work related
absence If for example the following occurred
1 The Part-time employee went off work due to a work related absence covered by Workers Compensation on May 9 1997
2 The Part-time employee returned to work on May 18 1997 The determination of the employees seniority credits would be as follows
a) Determine the number of calendar days during the thirteen (13) weeks just prior to May 9 1997 ie from February 6 1997 to May 8 1997 inclusive 7 days x 13 weeks = 9 1 calendar days
b) Determine the number of hours worked by the Partshytime employee from and including February 6 1997 to and including May 8 1997 - Assume for illustration that it was 234 hours
3 234 hours divided by 91 calendar days= 257 hours credit per day
4 From May 10 1997 to May 17 1997 inclusive there are 8 calendar days
27
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull 5 middotSeniority credit for the period of absence is 8 calendar
days x 257 hours= 2056 hours or rounded up 21 hours
ARTICLE 24 ~ HOURS OF WORK
2401 (A) Full-time Employees
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of wo~king schedules
The days of work for any Full-time employee or group of Full-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
All recording of shifts calculation of hours worked including credit for such things as pay benefits seniority etc shall be premised on the concept of a day consisting of eight (8) hours For greater certainty a twelve (12) hour shift shall be recognized as one and one-half (1 lh) days worked and this principle shall be applied in all circumstances under this agreement
(b) Subject to Article 24 A( a) the normal hours of work for Full-time employees shall be eighty (80) hours averaged over a two (2) week period It is agreed and understood that Full-time employees must remain on the premises of the Employer during the one (1 hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) It is agreed and understood that the Employer may schedule eight (8) ten (10) or twelve (12) hour shifts as part of a Full-time employees regularly scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause a Full-time employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
28
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
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(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
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8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
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~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
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50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull (d) Overtime (those hours worked either more than their
regularly scheduled shift or more than eighty (80 hours within a two (2) week pay period) will be paid only if such overtime has been authorized in advance by the supervisor In case of emergency the overtime must be reported immediately following the overtime shift (or part of a shift) The normal requirements for reporting of emergencies and or incidents shall apply in any case Should situations occur requiring overtime Full-time staff are requested to make every effort to reduce total overtime in a pay period by reducing hours worked on subsequent days in the pay period in respect of the needs of the individuals
(e) A Full-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible a Full-time employee shall be paid overtime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(f) When requested the employer will endeavor to schedule full-time employees off duty Christmas Day Boxing Day New Years Eve and New Years day If unable to do so Full-time staff will be assigned to work these days in reverse order of seniority These employees will be compensated at time plus one half for every hour worked on December 24 25 26 and middot January 01 and will have another day off in lieu of the holiday
If a full-time staff is called in to replace a previously scheduled staff person on December 24 25 26 or January 01 shifts they will be compensated at twice the employees regular hourly rate for all hours worked on the call-in days and will be given another day off in lieu of the hours worked on the call-in days
The sixty (60) hour part-time limit is waived for this Holiday period
Day program staff may request to work these holidays
(g) Work schedules for Full-time staff not working within services with fixed hours or within self-scheduled middot
29
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull environments shall be posted at least two (2) weeks in advance The Employer will use its best efforts and respect individuals support needs to ensure that an employees schedule is not changed without forty-eight (48) hours~ notice
(h) A Full-time employee may exchange shifts with another employee provided that
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
(iii) that the Employer has given prior approval to the exchange
(i) Shifts for Full-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half (1 ) times the hourly rate of pay for any resulting hours over forty (40) for that week
G) Every Full-time employee who is required to remain awake on an overnight shift excepting those individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($050) cents per hour for hours worked between 11 OOpm and 700am
(k) Notwithstanding Article 2601 when Full-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
Client Support
All areas of Article 24 (A) apply for Client Support except as
modified below Consistent with the need to provide
individualized support to individuals those Full-time staff
30
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull who operate on a self-scheduled basis must combine
flexibility in scheduling their work time with responsibility
with respect to individual needs A plan of hours to be
worked for a pay period must be discussed with the
supervisor prior to hours being worked An account of hours
worked shall be submitted to the Supervisor in accordance
with payroll practices Staff must itemize hours worked and
where when required to do so
(B) Part-time Employees
Part-time staff will present to their managers on a monthly
basis their availability to work Part-time employees who
have not worked a shift in a three month period shall be
removed from the call-in list These employees will be
reinstated upon notification by the employee of theirmiddot
availability to work In accordance with Article 1204 (e) if
the employee has not been actively engaged in work for the
employer for more than 12 months seniority shall be lost
and the employee shall be deemed to have terminated the
employees employment with the employer
(a) It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise nor as a guarantee of ~or king schedules The days of work for any Part-time employee or group of Part-time employees starting and quitting times and the time of lunch periods will be determined by the Employer in accordance with the requirements of the Employer and the support needs of individuals
(b) Subject to Article 24 B(a) the normal hours of work for a Part-time employee shall regularly not exceed sixty
31
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull (60) hours in a two (2) week period Each workday shall include a paid meal period of one (1) hour It is agreed and understood that Part-time employees must remain on the premises of the Employer during the one ( 1) hour meal period and shall be required to perform such duties as are necessary during such meal period
(c) middotIt is agreed and understood that the Employer may continue to schedule four (4) eight (8) ten (10) or twelve (12) hour shifts as part of a Part-time employees normal scheduled hours of work and provided that such shifts are indicated on a posted schedule no overtime premium shall be payable unless they cause an employee to work either more than their regularly scheduled shift or more than eighty (80) hours averaged over a two (2) week period
(d) A Part-time employee shall not be scheduled to work on more than six (6) consecutive days without two (2) days off If this is not possible the Part-time employee shall be paid o_vertime for all work performed on the seventh and subsequent days until the employee receives two (2) days off
(e) A Part-time employee may exchange shifts with another employee provided that
f)
(i) it does not negatively impact on individual support needs
(ii) it does not result in overtime and
iii) that the Employer has given prior approval to the exchange
Shifts for Part-time employees shall not be scheduled either consecutively or within twelve (12) hours of each other In the event this does occur overtime payment shall apply at the rate of one and one-half 1 Y2) times the hourly rate of pay for any resulting hours over forty (40) for that week
g) Notwithstanding Article 2601 when Part-time employees are given an assignment which requires them to be in attendance with an individual or group of individuals for twenty-four (24) hour periods (eg for
32
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull vacation trips beyond fifty (50) km from the Employers main office) staff shall be paid at their regular rate for twenty (20) hours per day
(h) The Employer shall schedule Part-time employees into a structured schedule where possible
(i) Employees shall be notified at least 12 hours in advance of the start of a shift that is to be cancelled Less than 12 hours will result in the employee being paid four (4) hours at straight time Part-time employees shall be called in for any additional hours that may be available in accordance with the procedure described in Letter of Understanding 1 Such additional hours shall be shared on an equitablemiddot basis so far as possible among Part-time employees based on seniority subject to
(i) demonstrated ability to relate to the client(s)
ii) ability including physical ability and
(iii) experience
Hours refused shall be counted in assessing whether an equitable distribution of hours has occurred
The Employer shall inform each new Part-time employee of the Call-in procedure
(j) Every Part-time employee who is required to remain awake on an overnight shift excepting those middot individuals who are working within self-schedule supports shall be paid a shift premium of fifty ($0 50) cents per hour for hours worked between 1100pm and 700am
(k) Notwithstanding anything that may be to the contrary in the Collective Agreement no Part-time employee shall accumulate more than sixty (60) hours per every two weeks except after all Part-time employees have been offered sixty (60) hours It is understood and agreed that a call that is unanswered or an offer that is refused shall for the purposes of this Article be counted as an 8- 10- or 12- hour shift (as
33
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2402
bull bull appropriate) It is further agreed that 110n-availability for a shift shall be considered an offer that is refused
This undertaking is to address the payment of staff who attend at
staff meetings while not scheduled to be at work
It is understood and agreed that staff who are not scheduled to be
at work may attend at staff meetings by invitation of the
employer Staff who attend such meetings will be paid at the
straight time hourly rate for all hours in attendance with a
minimum payment of two (2) hours
It is further understood and agreed that no overtime will be
earned during such meetings and that the time spent in these
meetings will not accrue toward an overtime payment
Part-time employees may attend one staff meeting per month on
the same terms as set out above
ARTICLE 25 - CALL BACK
2501 An employee who is called in to work after completing their
regular spift shall be paid a minimum of four (4) hours pay
ARTICLE 26 - OVERTIME
2601 Overtime compensation shall be either paid at one and one-half
(1 12) times the employees regular hourly rate or in time off with
pay at one and one-half (1 ) hours off for each overtime hour
worked
(A) Full-time Employees Definition of overtime hours worked is found in Article 24 A(a) 24 A(c) 24A(d) and 24 A(e)
34
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2602
2603
2604
2605
bull bull (B) Part-time Employees
Definition of overtime hours worked is found in Article 24 B(c) 24B(d) 24B(e) and 24 B (f)
Where an employee is compensated for overtime in paid time off
the employee shall be permitted to bank credit for a maximum of
twenty (20) overtime hours Banked credit in excess of twenty (20
overtime hours will be taken as provided in Article 2603 within
the folloWing four (4) week period or failing that shall be paid at
the end of that same four (4) week period
Banked overtime shall be taken at a time mutually agreed upon
by the employee and Employer and which is consistent with the
individual support needs Banked overtime remaining to the
employees credit at the end of the fiscal year (March 31) which
has not been utilized shall be paid out in full
Employees recognize the need to respond to individual support
needs with the resulting requirement for overtime and agree to
co-operate with the Employer in the performance of same
Overtime assignment will be accomplished by application of the
process described in Letter of Understanding 1 attached
ARTICLE 27 - HOLIDAYS
2701 Full-time employees will receive the following paid holidays
New Years Day Good Friday -Easter Monday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day
35
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2702
2703
2704
bull bull Two (2) float holidays to be taken within the calendar year on a
day agreed to between the Employer and employee
In order to qualify for holiday pay under this Article a Full-time
employee must meet the following conditions
the Full-time employee must have worked the employees
regularly scheduled shift immediately preceding or the employees
regularly scheduled shift immediately following the holiday if the
employee has agreed to do so unless excused by the Employer
Holiday pay will be computed on the basis of the number of hours
the Full-time employee would have worked had there been no
holiday at the employees regular rate of pay
Except for Christmas and in programs that close during stat
holidays full-time employees scheduled to work on the stat
holiday may notify the Employer one (1) month in advance that
they are not available to work If this results in insufficient
numbers of staff the Employer will schedule Full-time employees
in reverse order of seniority A Full-time employee required to
work on any of the above-mentioned holidays shall be paid for all
hours of work performed on that holiday at the rate of one and
one-half (1 lh) times the employees regular hourly rate and shall
receive another day off with pay in lieu of the holiday A Full-time
employee by mutual agreement may be paid in full for working a
holiday as defined in Article 2701 This would equal two and a
half (2 lh) times the employees regular hourly rate for all hours
worked If a Full-time employee chooses another day off with pay
such days may be accumulated to a maximum of six (6) days per
calendar year
36
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2705
2706
2707
2708
bull bull Banked stat time in lieu of working a Paid Holiday shall be taken
at a time mutually agreed on by the employee and the Employer
and which is consistent with the individual support needs
Notwithstanding the above banked stat time will be used prior to
using vacation credits ie when vacation time is scheduled and
an employee has banked stat time in lieu of working Paid
Holidays this bank is reduced before using vacation credits
Employees who are not entitled to pay for statutory holidays but
who work those holidays will be paid one and one-half (1 ) times
their regular wages for all hours worked
If a holiday listed in Article 2701 falls during a Full-time
employees vacation the employee will be granted an additional
days vacation at a time agreed to between the employee and the
employees supervisor
If a holiday listed in Article 2701 falls on a Full-time employees
regular day off the employee will be given an additional day off
with pay
Part time employees will be granted holidays in accordance with
the provisions of the Employment Standards Act (Ontario) In
addition part-time employees who work any of the holidays listed
in the Act anddr Easter Monday August Civic Holiday andfor
December 24 will be paid one and one-half 1 ) times their
regular pay for the hours worked on these days
37
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull ARTICLE 28 - VACATIONS
2801 (a) Full-time employees with less than one (1) year of service
shall have earned a maximum of ten (10) days vacation with
pay (to a maximum of 4 of gross earnings) accruing at the
rate of one (1) day per month It is understood that upon
completion of six (6) months of continuous active service a
Full-time employee may receive up to seven (7) days vacation
leave
(b) Full-time employees with more than one (1) year of service
but less than five (5) years of service shall have earned a
maximum of fifteen (15) days vacation with pay (to a
maximum of 6 of gross earnings) accruing at the rate of one
_ and one-quarter ( 1 Y4) days per month
(c) Full-time employees with more than five (5) years of service
but less than fifteen (15) years of service shall have earned a
maximum of twenty (20) days vacation with pay (to a
maximum of 8 of gross earnings) accruing at the rate of one
and two-thirds (166) days per month
(d) Full-time employees with more than fifteen 15) years of
service shall have earned a maximum of twenty-five (25) days
vacation with pay (to a maximum of 10 of gross earnings)
accruing at the rate of 2083 days per month
(e) Full-time employees with more than twenty (20) years of
service shall have eamed a maximum of thirty (30) days
vacation with pay (to a maximum of 12 of gross earnings)
accruing at the rate of 25 days per month
38
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2802
2803
2804
2805
2806
bull bull In lieu of the vacation leave provided for in Article 280 1 (a) a
Full-time employee may request payment of the amount of
vacation earned and not yet taken
Vacation dates shall be mutually agreed upon by both the Fullshy
time employee and the Employer Excepting for those periods
defined as shut down requests for vacation must be made to
the Manager a minimum of four (4) weeks in advance The
Employer reserves the right to graiIt vacations provided that such
vacations do not interfere with the health safety and best
interests of the individual(s) supported
Where during the employees vacation a Full-time employee
becomes ill the employee may elect to use accumulated sick
credits for the period of the employees hospitalization in place of
theemployees vacation time provided that the employee provides
satisfactory proof of illness or disability for the period in question
A Full-time employee terminating the employees employment
shall be paid for any accumulated vacation credits
Vacation leave shall not normally be carried over from year to
year It is realized that occasionally vacations cannot be taken
during the vacation year because of illness job requirements or middot
other exceptional circumstances In such cases vacation credits
may be carried over to the next vacation period based on the date
of employment as authorized by a written request to the
Employer Full-time employees are encouraged to take vacation
leave during the year of entitlement
39
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2807
2808
bull bull The Employer shall respond in writing to all vacation requests
within ten (10) working days
Requests for summer vacation must be submitted to the manager
by AprillS Such requests will be reviewed and accommodated by
seniority The Employer shall post a summer schedule on or
before May 15th Requests received after April 15 will be
considered and accommodated where possible
Requests for time off at Christmas and New Years must be
submitted to the Manager by October 15 Such requests will be
reviewed and accommodated by seniority Requests received after
October 15 will be considered and accommodated where possible
In creating the ChristmasNew Years schedule the Employer shall
post the ChristmasNew Year holiday schedule on or before
November 15
Vacation notice and cut-off
(1) April 15 remains the cut-off date for Peak Vacation times
(2) Peak Vacation Time is defined as July 1 to September 8
(3) All other vacation of five days or more require four weeks
notice
(4) Vacation request ofless than 5 days require 5 days notice
(5) Notice must be given in writing and the employee must
confirm the request in person to the manager between Bam
and 4pm Monday to Friday
(6) Lieu time requests shall be granted or denied in accordance
with Article 26
(7) Shorter notice times may be mutually agreed upon
(8) Granting ormiddot denying of requests will be based on operational
needs
40
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
2809
bull bull (9) Request shall not be unreasonably denied
Part-time employees shall be paid vacation pay as follows
(a) Employees with less than one (1) year of service shall receive vacation pay of four (4) percent of gross earnings
(b) Employees with the equivalent of one (1) year of seniice shall receive vacation pay of six (6) percent of gross earnings
(c) Employees with the equivalent of five (5) years of service shall receive vacation pay of eight (8) percent of gross earnings
(d) Employees with the equivalent of fifteen 15) years of service shall receive vacation pay of ten (10) percent of gross earnings
(e) Employees with the equivalent of twenty (20) years of service shall receive vacation pay of twelve (12) percent of gross earnings
A Part-time employee terminating the employees employment
shall be paid vacation pay pro rated to the employees date of
termination
ARTICLE 29 - SICK LEAVE
2901 Pay for sick leave is for the sole and only purpose of protecting
the employee against loss of regular income when the employee is
legitimately ill and unable to work It is not intended for personal
business family illness or an extension of an employees
vacation Such leave middotwill be granted on the following basis
(a) sick leave will be allowed for sickness or non-compensable injury or illness on the basis of one and one-half (1 ) days per month of active employment to a maximum of eighteen (18) days per year Maximum total accumulation shall not exceed ninety (90) days but if an employee is absent due to illness after being capped the employee is entitled to use up
41
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull to five (5) sick days per calendar year without usirig credits in their sick bank
(b) sick leave credits used shall be deducted from total credits accumulated
(c) middotno cash payment of sick leave credits shall be made upon resignation termination retirement or death
(d) sick leave credits shall not be earned while the employee is on a leave of absence without pay lay-off sick leave without pay or any other unpaid leave that extends beyond thirty (30 days
(e) Proof of illness from a duly qualified medical practitioner which prevents attendance at work shall be provided to the Employer after the first five (5) days of continuous absence
(f) Any employee absenting herself on account of personal illness must notify the employees supervisor on the first day of illness before the time the employee would normally report for work Failure to give such notice may result in loss of sick leave benefits for that day of absence
(g) The Employer shall pay the cost of any required initial medical exam provided by a doctor approved by the Employer which certifies the individual fit to assume duties
ARTICLE 30 - INSURED BENEFITS
3001 The amount of and eligibility for benefits referred to in this article
is subject to the terms and conditions of the policy or policies of
insurance providing such benefits Any dispute as to entitlement ~
to benefits provide under the policy or policies of insurance is
between the employee and the Insurer The Employer agrees to
use its best efforts on behalf of the employee in the event of such
dispute It is understood that the Employers obligation under
this article is restricted to the payment of its portion of the
premiums necessary to enroll employees in the benefit plans
described in this article
42
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull
3002
3003
3004
3005
bull bull A summary of the Insured Benefits presently provided to
employees is attached as Schedule A
The Employer shall pay seventy (70) middotpercent of the premiums
necessary to maintain the Insured Benefits as described in
Schedule A save and except Life Insurance and Dependent Life
coverage which shall be one-hundred percent paid by the
Employer and Long Term Disability Coverage which shall be oneshy
hundred (100) percent paid by the Employee
Part-time employees shall be paid a percentage of their earned
wages in lieu of receiving benefits under this Article as follows
(a) Regular Part-time employees shall receive ten (10) percent of their regular hourly rate for all hours worked in lieu of benefits
(b) Casual Part-time employees shall receive five (5) percent of their regular hourly rate for all hours worked in lieu of benefits
The Benefits Plan shall be administered in accordance with
Appendix A Agreement to participate in the OPSEU Joint
Trusteed Benefit Fund (Standard Agreement) attached hereto
ARTICLE 31 - FINANCIAL
3101 The Employer agrees to pay and the Union agrees to accept for
the term of this Collective Agreement the salaries as set forth in
Schedule B attached hereto and forming part of this Collective
Agreement Each employee shall be provided with an itemized
statement of the employees wages overtime supplementary pay
and all deductions
43
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
3102
- 3103
3104
bull bull A Full-time employee who is hired to or promoted to a higher
classification shall be placed in the increment level in the new
gradeclassification to which the employees seniority entitles her
In the event the Employer establishes a new classification in the
bargaining unit it shall determine the wage rate to be paid and
notify the Union If the Union considers the wage rate to be
unfair a grievance may be launched at Step 2 of the grievance
procedure within seven (7) days of the establishment of the new
classification and wage rate
MUeage
The Employer agrees to compensate employees (based on mileage
driven during the Employers fiscal year) who are required by the
Employer to use their vehicles at the rate of thirty-three cents
($033) per kilometer
Meal Reimbursement
The Employer agrees to reimburse employees for meal expenses
while engaged in Association business more than twenty (20)
kilometers away from their regular place of work (excluding
Belleville) or in attendance at conferences to the following
maximum amounts
Breakfast $ 1100 Lunch - $1400 Dinner - $2200
Employees shall provide receipts for such expenses with requests
for reimbursement to be reimbursed by the end of the next pay
period An appropriate advancement of funds will be made
available if away business is longer than one (1) day
44
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
3105
bull bull Group Registered Retirement Savings Plan - Full-time Employees The Employer shall administer a Group RRSP that shall be made
available to all Full-time employees upon completion of their
probationary period
The RRSP shall be based on equal joint contributions to the
RRSP The Employer shall match an employees contributions by
depositing up to three percent (3) of the employees gross
earning in the RRSP each pay period January 01 2003 amend
to read up to four (4) of employees gross earning in the RRSP
each pay period
The terms of the RRSP shall be as set out by the financial
institution providing the RRSP
An employee participating in the RRSP may opt in or out of the
Plan at any time by providing thirty (30) days notice to the
Employer
ARTICLE 32 middot STATUS CHANGE FROM PART-TIME TO FULL-TIME
3201 The seniority date for a Part-time employee who successfully
applies for a Full-time position will be determined as follows
The period of continuous service with the Employer as a Part-time
employee will be converted to hours worked on the basis of two
thousand and eighty hours (2080) hours worked as a Part-time
employee from the most recent date of hire as a Part-time
employee equals one ( 1) full year for the purpose of determining
the period of continuous service as a Full-time employee
notwithstanding anything that may be to the contrary in the
45
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull Collective Agreement Partial years of work shall be prorated as
appropriate to this formula
For conversions from full-time to part-time there shall be no loss
of seniority
ARTICLE 33 - VIOLENCE IN THE WORKPLACE
3301 The Employer shall take all necessary measures to protect
employees from violence at work
In consultation with the Joint Health amp Safety Committee the
Employer will undertake to review current safety policies and
procedures and to revise and develop smiddotafety policies and
procedures that are clear concise and consistent to address the
issue of working with violent clients
Each employee will be provided with current information and
strategies about individuals whose behavior is aggressive to
enable himher to protect themselves and others
Training will be provided to employees on the causes of
aggression the factors that precipitate aggression recognition of
waming signs prevention of escalation and the control and
diffusion of aggressive situations
The Employer will provide a safe working environment where
potentially dangerous objects are either removed or maintained
securely
46
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull The Employer will provide backup systems for all programs and
services and ensure that staff are informed on their function and
use
In situations where the Employer has determined the actions of a
client are aggressive the Employer will ensure that adequate
staffing is provided
ARTICLE 34 - DURATION
3401 This Agreement shall take effect on April 1 2004 until March 31
2006 and shall continue automatically thereafter for annual
periods of one (1) year unless either party notifies the other in
writing during the period ninety (90) days preceding the expiry
date of this Agreement that it desires to amend or terminate this
Agreement
Dated at JevmiddotJk this ---~1--L-=-- day of _ij--~~=__ __ 2005
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
47
TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull LETTER OF UNDERSTANDING 1
BETWEEN
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
and THE TRENTON AND DISTRICT ASSOCIATION FOR COMMUNITY LIVING
Re On-CallCall-in Procedure
The parties agree that the subject addressed in this Letter of Understanding remains a matter of continuing negotiation at the Employer Employee Relations Committee therefore this Letter of Understanding does not form part of the collective agreement
The parties further agree that it is within the scope of managements rights to schedule work and to assign work therefore employees who utilize the following procedure will not be subject to disciplinary sanction related to the use of this procedure
PROCEDURE FOR ON-CALLCALL-IN
Begin calls with the person indicated by the Manager as the next canin person
Step 1
Step2
Step3
Step 4
Step 5
Go through the available part-time staff in order of seniority who have not yet reached their 60 hour maximum over two week pay period
If not successful and if there are no part-time staff available or if they have all reached the 60 hour maximum
Go through the full-time staff in order of seniority at the call-in location
If not successful go to the Seniority List of all full-time staff who are able to work at the call-in location
If not successfulmiddot pull part-time staff up over the 60 hour maximum in order of seniority
Management must be called after this procedure has been completed to give final approval Please indicate which Manager gave the approval on the space indicated on the sheet
48
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull The caller will indicate in the Communications book and to the Manager the calls that were made and the employees responses ie refused unreachable accepted etc
When covering the 24 hour shifts with Part-time workers
After hours if it is necessary to contact the On-Call Manager the managers home number is to be used first then if there is no response call the pager The on-call managers telephone number shall be made available for the purposes of this procedure middot
Access to Information
The number of hours that each Part-time worker has worked shall be provided to the Unit Steward at the end of each pay period
Stewards shall be allowed to view the On-CallCall-in schedule on request
Signed this ltJh day of _L_U~a~lt4oP~=1_------ 2005 at Trenton Ontario
FOR THE EMPLOYER
49
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull AGRRllHlNT TO PATJCIPATamp IN TilE OISEIJ JOIIgtT TRUoTEEII RIINampFil llJNV
TRUSTtRHIF TilE OlSampU JOINITRUSITZD RpoundNFFIT FUNU (lrTrori)
L 11~e Empioyer agnts tc pxrticiplte in the OlShU Joint T1U$tetl Stn~ftt FuOO (the bullTrost] The TrtKt i$ $biUhal by a Trust ApetiTJetlt Jnade as of Jure 6 Im whitll may he ~ITCfldtd frltvll lime tv lime The Troii il governed by It Boatd ur T~ 1M Tru~J The rlupkfet I~ Qr= In be bound b) he Ttu$1 Agrceultlrt aud en cnmpty with the di~ionJ ul lhe Trustul ~ under i1s 1enns
1 11e 1nrtt ~i JlfOVtde auln in~rW htJllth ml wefare lletltJitS iO the ~~ligible ernpJnyus nl Ule EmfbullJ)tr The Trtl$1ttS may amtrJt wilh 1n ifNIIITU (Olt1pPlny (the bmtru~) from time to time in their sule W~n II rClpcct uf those ~filJ bull The ellglbk tmpfoyet~ of Cht Fl1lp1o)U m ~ cmploytK of the Pmplaftt in the following unit~ IITld employee groups
3 The effccti~ tlalC tlf cnvetagmiddote for the eligible e~ of Lhe Pttttloytr WU be the dale itxlielutd by lbc Employer beiuw The rTtc1i~e- shltU he a the car~Je$1 4x fira day ttt ~ 11JQJ1h (bikrlllng lhe dak fhj Agreetntflt iJ delivertrl to th e TILte tOO Malln01 be IAitf than niuety Wl dlly fron1 the Wtte hal thi~ 1gttenltllt It ~ivtted to the TnL~
erfeclivclate) ~(fA v- ( tfltf
li In lhe evelf hat the SmJOOy~r d)t( nt1l mab premium ~)mellb nr rernitlllCtS alt 100 when reqoirtd by dte Trwteec the Empklyer q~ll be llable for inla tm bt= piYOlJU 11 10~ flf lludl mkr me u may be pre1cribea by 1)e Tllmtee Th ~ Trus Atteetm(ltiUQ
(llllvi~ among ulhcr thi~s hat delill(Uenl Emlllvyw are subjld to
(c) IUJpCll51on ur kmtinatKIIl of CU1tlBge for the Hn4Jujtrll eligible tmpioyelaquo in which am laquohe Emptoyer may be 1tireclly retpomiWe In il~ employees or tbelr rollecti-c barg~t-ini)1 8Jttl for the provi~loo of beneft~
G middotnte Ttllf~Let $ball autK-riJe tb IinJpioyer to Jtlbmit lO the lmura ri1Uy wntpleied tnd etecutlld poundmployer AWJiebullbullion for Gmufl Co~e~ undu he OPSSU Joi1U T~eed ampnfrt Fund (bullthe Apptiealionmiddot) aMd the lmurcr llltaU Wue illUlala tOgtVer~ iu accnnloure wtdtlhe Hnai)CJ1 1B=nenl widUn hlny (31)) da)J of receipt of tueh applicl~ion A dttcJipthm of the imttrmce coVJr41ge WIJ be Jet uut in tU lJn1ploylt llcnefJt 8ootkt vhich ~11 appru~tl by tl~ Employer shbullU he AltAdiCd tu thi~ Altreczmol bulls klirWie bull 1 bull SchcduU bull A~ will also cnnWn a lrenUum Rate Suumlilry Sctedtlie middotA sIIU be denwtl 4 bt part uf this 1i~ ind vrlll Je issued by lhelltSltJnr witbiuWda)inflbe etfectivtdllt oi to~et~nd appmralby the lituplnyeruflhe Umpioye e Bentrli Dooklet
1 11~e t~euJitJ pmvidal hy th rtust WU be hOe bcnef1lc as wtlinttl in Scfntule f For Ullonimf bataining uniU lhl 1mslee middotmiddot arl lhcir jJl$urer ~hll requitt a ~turfU ciJned by boUJ the r~ployer fJld the lhrpoundAinirqc Agrnt i n 11fder lO dlulge tM Dcttfit Uescription in SchcduJc A Such 9enr1it DescripHOn chaJlFllltUtt be ~rzbit tu Ute 1tu$1laquos IJ1ll ~ lnsutu
8 Aa Enrolmltnl r ~ u be 11fgtlltted and ltmultd by each elijible cqgtlo_ tal he llllj)luyer oo ~Itt t hon ttUI1)middotooe 0 l) daybull Aller tbe elTcctive date of an etrqlklytes roversgc
9 11c Tntstecs have emcral inlo a FinuwW Abullnen~~JII Al-i lmurlampe Pttticy wMh the lns~t urdr 1vhiclt the Jnrwer wjft pro~itle 1he itt$lftd lxodla iO the dipoundiWe ar~~luyres t~f lhe Fm)lklycr Tjle lmmmce PuiUy ctml3inltrultiard COttlryenCIWl1etm1 and oontillmn a1d atlrninimbYe ))fTJbullillinJ1 lllltklt IJ1ltfy 10 ll f-npfO)eB eu11 all diJWle cntpioyea Tbee StalxiHd defLuilfum aM Rdminiqrative proilitioJraquot 1rtVllit OlfT Sthedule A~
IU 1k lm11bull~ bulll~alltnnltit~ ~h middot~putt~ lhc JNmer re~tlitJg lf~t nunOO illd name~ cr eJigl11t enpklytcJ yen1Jd such lhcr relenrn lata allhe rrusiee5 Jnay runt lime ii) time 1litea
~1~~~~ ~~ ~ ijuJQ w Im (A111wtbetl ~n) LL_LL1
FOil TilE IUIWHll p~m~~=7 LCP j L_Y_ __ T- _tgtJ C-1 ~ poundamp-L ~h __ dtphtm_(6J_J rf~ 24~~
rmJJt aJLLttt o_lJL
50
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull
bull bull middot1middot
COLLECTIVE AGREEMENl PUOVISJONS
ffo be lrinted on lhe reverse of the Agreement to Participale]
PART U Collective Agreement Languagemiddot
1 The promiddotisiolll of thi1 Part B shall be dltemed w fonn part of every cnlleetive agreement betweeJt tile Employer and OPSEU (tl10 Collective Agreement(bull)) coYeriug eligible employees abull descrilgted ill section 2 of lho Agreement to Panicipate in U1e OPSEU Joint Trulttecltl BetgteAt Fuod (tile Trust) (U1e Agreemelll to Parlilipatebull) If dum is any cortHlct between any provision of U1is art B aod any ttrm of U10 Collective Agreetnet~ U1ia Part 8 l~aU govern
2 fn addition ScIIOdule bull A to Ugte Agreement to Partitipbullte u comemplnted br Slaquolion 7 of dte AgreemeJlt to Participate shall alto be deemed to he part of tile Collective Agreement(s between Ute pmploret and OISllU The provisions of Utis Part B and Schedule bull A are enforceable pursllllllt to tile grievance and arbitmion procedurm set uut iu Ugte Collective Agmnl(s) llQwever any dlspaltl regarding emiOemenl to bcnefolgt bullball he proccsed in accordance it11 the Dispute ResointiOn Iroccdure in the Financial Agreemeru between Uu~ Trustees
of the OPSEU Joint Trusllteltl lenefll Fwd (Ole Troste) bullnd the ltw~nr
3 llle Employer shall provide the benefitlt described at Schedule A Omrugh d1c Trust 10 the employee of 0 Employer in bargaining unil(s) reprtlllled by QpSBU and to bulluch oU1er etnployees as are deotrihed Ul section 2 o[ UJlt Agreemem to aflicipatc The EtnpQyer arut OPSEU agree 0101 Schedule bull A bull is subject to dgte standard confrutual temu and conditions anU admiuistrative cenns tel out in Ule Insurance Poiicy held hy UK Trustees
4 The lmploycr shbullll pay or deduct aod remit prebullniutm in the atnoobullus and manner requUd by 01e Trustees pursuam to tlre Agreement to Participate
s In ll1e eveut dllt au Employer does not make premium aytnents or remittauca bullbull arid when required by UJe Trustees dm Elllplltgtycr bullhall be llable for inllrcSt on btc or ouamling payn1ltnts at 10 or sucll odw te as may he prescrilgted by Ole Trustees Tl1lt Tntst Agreement creates obl4lalions rw Employers which tile Employer and OlSEU hereb) agree are euforeeabfe Jdet Ule Collective Agreetnon111 Tlmse ollligations iuclUlte tlJe lt1bligalions 10
(a pay late payttgtelll charges for itUereamp~ liqui(Jed damages bullod reasonable legal aud oollectlou costs and
(b) jJOgtl det-middot advance paYJtllttttl or urety bouds wiOt Ute Trust
6 Moreover Um Trust may also suspeod or lermioate middotcoverage for ~le llmployergt eligible employus hr dte event 013t tlgte ampuployer fails to make premiwn pa)lnents or rernitances liS aud when required by tlte TrusW ilt wlticll tgtso Ogte Etll)lcyer will be directly respollible -to ~ employees for the provision of benefits
1 NotwiUtSandiug dtat Ute benel plan ltpogtltored by U1e lruSmay be nmulti-employer benefit plan Inr he purposes of tl1e Worlqlloce Softty tiJUi fnsuronct Act 1997 SO 1997 c 16 the Empltlyer nnltl OPSEU agree lila he Employer sball partuoru 10 tlkl Collective Agreemeut(s) lY preutiums for eligible employees am their dependants Utrotlj1buut OlC fin year bullfier an ilijury to an eligible ewployce For purposelt ltJf Otis section U1e term i~jlry lUI$ Ooe same definkion in Ute Wo1~acbull Saftty and I11Sura Act 997 Jllj)rrJ
8 Tbe ampUployer sl~ll pcnuillhe Tru1ilee~ or Uteir desjgnatt to attend at the Fmpluyermiddot~ premiscr to cruduct an audit of U1e Hu1pJovers employrnent records for the purprose of i-erifbulliug I11c caJcullitlon awl dtermiuatiou of premium paymenu 10 the Tnt~l
l~h Cn~lt-lmmt
lreltitlrnl OlSEU WtR--
middot- - - -- -middot 200_~
51
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull SCHEDULE A - SUMMARY OF INSURANCE
Life Insurance and Accidental Death and Dismemberment Insurance
Class of Members Benefit Formula Maximum Benefit Basic Extended
Counsellor and All Other 1 xeamings $120000 $500000 Employees
Termination of Insurance 65th birthday
Dependent Life Insurance
Spouse $10000
Each Child $5000
Termination of Insurance members 65th birthday
Long Term Disability Insurance
Class of Members Benefit Formula Maximum Monthly Benefit
Counsellor and 66-23 ofeamings $2500 All Other Employees
Basic Reductions CPPQPP benefits (including benefits for dependent children) and Workers Compensation benefits
Disability Particulars unable to do any job Qualifying Period 17 weeks
Benefit Period to 65th birthday
Termination of Insurance 65th birthday Extended Health Insurance
52
-middot
bull
bull
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull Part Benefits Deductible per Reimburse-
Family Unit ment
A Drug none 100
B Vision $100 none 100
c Hospital ward to semi-private none 100
D Supp Health Care none 100
E Out-of-Province Emergency none 100
Maximum eligible expenses for eyeglassescontact lenses every 24 month period
Termination of Insurance members 65th birthday
Dental Insurance
Part
A
Benefits Deductible per Reimburse- Maximum Family Unit ment
Basic $25 80 $1500
The deductible applies per calendar year
The maximum amount payable applies to the eligible expenses incurred in a calendar year under Part A for the mem her and for each insured dependent
Termination of Insurance members 65th birthday
Dental Fee Guide The applicable fee guide is the one in force for general practitioners on the day when and in the province where the expense is incurred orJ for expenses incurred outside Canada in the province of residence of the member
53
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull SCHEDULE B -WAGES
TRENTON amp DISTRICT ASSOCIATION FOR COMMUNITY LIVING AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION AND ITS LOCAL 403
Position Start 3 Months 12 Months 24 Months
iSr Counsellor I 1 April 2004 1618 1646 1698 i 1764 1 October 2004 1628 1656 1708 I 1774 1 April 2005 1648 1676 1728 1794 1 October 2005 1678 1706 1758 1824
Counsellor 1 April 2004 1590 1616 1668 1736 1 October 2004 1600 1626 1678 1746 l April 2005 1620 1646 1698 I 1766 1 October 2005 1650 1676 1728 1796
Start 520 Hours 1040 Hours I I Counsellor - RPT I
1 April 2004 1595 1623 1677 11 April 2005 1615 1643 1697
Counsellor - Casual I
bull1 April 2004 1254 1284 1313 I
bull1 October 2004 1274 1304 1333 1 April 2005 1304 1334 1363 middot1 October 2005 1344 1374 1403
Collective Agreement Aprill 2004- March 31 2006
54
middotbull
I
I I
bull bull
bull bull CI
bull bull
bull bull CI
bull bull CI
