Collective - Ontario€¦ · 3 agree that exceptions will apply where there is a bona fide occupational requirement. 3.03 The Employer recognises its duty to accommodate under the

Collective

Agreement

between

Ontario Public Service Employees Union

on behalf of its Local 679

Non Urgent Patient Transfer Service

AND

Manitoulin -Sudbury District Services Board

DURATION: December 17, 2015—

December 31, 2018

Sector 13

6- 679- 10372- 20181231- 13

Uncontrolled copy of 6- 679- 10372- 20181231- 13 CA

TABLE OF CONTENTS

PREAMBLE.......................................................................................................... 1

ARTICLE 1 SCOPE AND RECOGNITION....................................................... 1

ARTICLE 2 WORK OF THE BARGAINING UNIT........................................... 2

ARTICLE 3 NO DISCRIMINATION OR HARASSMENT................................. 2

ARTICLE 4 MANAGEMENTS RIGHTS........................................................... 3

ARTICLE 5 UNION DUES DEDUCTIONS....................................................... 4

ARTICLE 6 UNION REPRESENTATION......................................................... 5

6. 02 Negotiating Committee......................................................................5

6. 03 Labour/Management Committee:......................................................6

6. 04 Union Stewards: ................................................................................. 6

ARTICLE 7 OCCUPATIONAL HEALTH AND SAFETY.................................. 7

ARTICLE 8 NO STRIKE OR LOCK OUTS...................................................... 9

ARTICLE 9 GRIEVANCE PROCEDURE......................................................... 9

9. 03 STAGE I ( Complaint Stage)............................................................... 9

STAGE II ( Formal Grievance Stage).................................................. 9

9.05 EMPLOYER GRIEVANCES............................................................... 11

9.06 UNION POLICY GRIEVANCES......................................................... 11

9. 07 DISCHARGE AND DISIPLINARY PROCEDURES ........................... 11

9. 08 PERSONNEL FILE............................................................................ 12

ARTICLE 10 - ARBITRATION ......................................................................... 12

10. 06 MEDIATION/ARBITRATION PROCESS........................................... 14

ARTICLE 11 - SENIORITY ............................................................................... 14

ARTICLE 12 - POSTING AND FILLING VACANCIES.................................... 16

ARTICLE 13 - PROBATIONARY PERIOD...................................................... 17

ARTICLE 14 - JOB SECURITY........................................................................ 18

ARTICLE 15 - RECALL ....................................................................................19

ARTICLE 16 - TECHNOLOGICAL CHANGE.................................................. 19

ARTICLE 17 - HOURS OF WORK AND OVERTIME....................................... 20


17. 04 Shift Scheduling...............................................................................20

ARTICLE 18 LEAD HAND PREMIUM........................................................... 21

ARTICLE 19 LEAVES OF ABSENCE........................................................... 21

19. 01 Personal Leave................................................................................. 21

19. 02 Union Leave 21

19. 03 Bereavement Leave.......................................................................... 22

19. 04 Pregnancy, Adoption and Parental Leaves.................................... 23

ARTICLE 20 MEDICAL LEAVE..................................................................... 23

ARTICLE21 WAGES..................................................................................... 23

ARTICLE 22 STATUTORY HOLIDAYS......................................................... 24

ARTICLE 23 VACATION............................................................................... 24

ARTICLE 24 HEALTH SPENDING ACCOUNT............................................. 25

ARTICLE 25 UNIFORMS............................................................................... 25

ARTICLE 26 FIRST AID/CPR TRAINING...................................................... 26

ARTICLE 27 COST OF PRINTING................................................................ 26

ARTICLE 28 SALE OR TRANSFER OF BUSINESS..................................... 26

ARTICLE 29 DURATION............................................................................... 27

APPENDIX " A" WAGE SCHEDULE.................................................................. 28

APPENDIX " B" LOU RE: PERMANENT FUNDING.......................................... 29

APPENDIX " C" LOU RE: LEAD HAND RESPONSIBILITIES .......................... 30


I

DRPAMRI G

WHEREAS it is the desire of both parties to this Agreement:

a) To maintain and improve harmonious relations and settled conditions of

employment between the Employer and the Union;

b) To recognize the value of joint discussions and negotiations pertaining to

working conditions;

c) To encourage efficiency and cooperation in the work being performed;

d) To promote the morale, well- being and security of all employees in the

bargaining unit of the Union;

e) To serve the public; and

WHEREAS it is now desirable that methods of bargaining and matters pertaining to the

working conditions of the employees be drawn up in a Collective Agreement; to

establish and maintain mutually satisfactory working conditions, hours of work, and

wages and to provide procedures for the prompt and equitable disposition of grievances

for all employees who are subject to the provisions of this Agreement;

NOW THEREFORE, the parties agree as follows:

ARTICLE 1 — SCOPE AND RECOGNITION

1. 01 All employees of the Manitoulin -Sudbury District Services Board employed in the

non -urgent transfer service, save and except Supervisor and those above the

rank of Supervisor and persons for whom any other trade union holds bargainingrights as of November 18th, 2014.


i

1. 02 It is understood that the non -urgent transfer service is a temporary program, and

therefore employees are hired for the term of the current funding approval period.

Where the approval period is extended, the employees continue to be employed

for the length of the extension of the funding period.

ARTICLE 2 — WORK OF THE BARGAINING UNIT

2. 01 Management employees exempted from this agreement shall not perform duties

normally carried out by employees in the bargaining unit except for the purposes

of instruction or in the case of unforeseen non- recurring operating emergencies

where bargaining unit personnel are not readily available.

2. 02 The Employer agrees that no bargaining unit employee shall be laid off, and that

there shall be no loss of hours, wages or jobs as a result of the Employer

participating in work programs or through the use of students or volunteers.

ARTICLE 3 — NO DISCRIMINATION OR HARASSMENT

3. 01 The Employer agrees that there will be no intimidation, harassment,

discrimination, interference, restraint or coercion exercised or practiced by the

Employer or its representatives because of membership or non -membership in

the Union, or activity or lack of activity in the Union.

3. 02 The Employer, employees and the Union agree to conduct their affairs in

accordance with the Ontario Human Rights Code, and agree that there shall be

no discrimination, restraint, intimidation, harassment or coercion practised or

permitted by the Employer or the Union or any of their representatives against

any employee because of age, ancestry, colour, race, citizenship, ethnic origin,

place of origin, creed, disability, family status, marital status, gender identity,

gender expression, record of offences, sex and sexual orientation. The parties


3

agree that exceptions will apply where there is a bona fide occupational

requirement.

3. 03 The Employer recognises its duty to accommodate under the Ontario Human

Rights Code,

3. 04 The parties agree that they do not condone and will not tolerate any form of

bullying or psychological harassment in the workplace and are committed to a

healthy and safe workplace for all employees. The Employer will ensure that

measures and procedures for dealing with workplace violence and harassment

are put into place.

ARTICLE 4 — MANAGEMENT RIGHTS

4. 01 The Union recognizes and acknowledges that the Employer responsible for the

management and direction of the work force and shall retain all other residual

management rights without limitation except as otherwise specifically limited in

this agreement. Without limiting the generality of the foregoing, management's

rights include:

a) to hire employees, determine the qualifications necessary for the work;

assign and direct their work; to promote, demote, transfer, lay off, and

recall to work; to set the standards of productivity, the services to be

rendered;

b) to reprimand, suspend, discharge, or otherwise discipline employees; to

determine the number of employees to be employed;

c) to maintain the efficiency of operations; to determine the personnel,

methods, means, and facilities by which operations are conducted; to set

the starting and quitting time and the number of hours and shifts to be

worked; to close down, or relocate the Employer's operations or any part


4

thereof; to expand, reduce, alter, combine, transfer, assign, or cease any

job, department, operation, or service; to control and regulate the use of

facilities, equipment, and other property of the Employer;

d) to introduce new or improved research, service, and machinery; to

determine the number, location and operation of departments, divisions,

and all other units of the Employer; to issue, amend and revise policies,

rules, regulations, and practices and to take whatever action is either

necessary or advisable to determine, manage and fulfill the missions of

the Employer.

4. 02 All rights reserved to management herein are subject to the provisions of this

Agreement, and shall be exercised in a manner that is fair, reasonable, and

consistent with the terms of the Agreement. The Employer's failure to exercise

any right, prerogative, or function hereby reserved to it, or the Employer's

exercise of any such right, prerogative, or function in a particular way, shall not

be considered a waiver of the Employer's right to exercise such right,

prerogative, or function or preclude it from exercising the same in some other

way not in conflict with the express provisions of this Agreement.

ARTICLE 5 — UNION DUES DEDUCTIONS

5. 01 The Employer shall deduct from the regular pay of each employee in the

bargaining unit, starting with the pay period nearest to the effective date of this

agreement, and thereafter as of the first day worked 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 the Accounting Department of the

Union, 100 Lesmill Road, North York, Ontario, M31B 3P8, not later than the 15th

day of each month following deduction. The remittance shall be accompanied by

a list of names and social insurance numbers of those employees for whom

deductions have been made. The list shall clearly indicate changes in


5

employment status for promotion, demotion, termination and leaves of absence.

5. 02 Dues will be deducted based on the current rate as adjusted from time to time by

the Union on the basic salary plus overtime, wage income, allowances, and lumpsum payments, i. e. grievance settlements, pay equity settlements and other

wage related payouts, etc.

5. 03 The Employer agrees to include on the T4 slips of each employee affected by

this Article the annual total of dues deducted.

5. 04 The Union will advise the Employer in writing of the amount of its regular dues.

The amount so advised will continue to be deducted until changed by further

written notice to the Employer.

5. 05 The Union will indemnify and save the Employer harmless against any and all

claims, demands, suits and other forms of liability that may arise out of any action

taken or not taken by the Employer for the purposes of complying with any of the

provisions of this Article.

ARTICLE 6 — UNION REPRESENTATION

6. 01 The Employer recognizes the right of the Union to appoint or otherwise elect their

stewards. The Employer agrees to recognize two stewards for the bargaining unit

for handling grievances, disputes, or differences that may arise under this

Agreement.

6. 02 Negotiating Committee

The Employer agrees to recognize a Negotiating Committee of two ( 2) members

of the bargaining unit plus a representative of the Ontario Public Service

Employees Union. The members of the bargaining committee shall be paid their

regular hourly wages, credits and applicable benefits for all such hours spent

bargaining exclusive of caucuses convened by the bargaining agent, and any


hours spent participating in conciliation and/ or arbitration. Such hours may not be

used in the calculation of overtime. Where possible the employees' work

schedule will be adjusted to permit participation.

6. 03 Labour Management Committee

a) There shall be a Labour/Management Committee which shall consist oftwo ( 2) representatives of the Union and not more than two ( 2)

representatives of the Employer. A staff representative or employer

consultant may attend any meeting between the parties. Additional

resource persons may accompany the representatives of either party uponreasonable notice.

b) The Committee shall meet at the request of either party to discuss mattersof concern at an agreed upon time and place, once per quarter, if

requested by either party. Any such meeting may be cancelled uponmutual consent. Each party shall advise the other party of agenda itemsas far in advance of the meeting as possible but no later than one weekbefore the meeting.

c) Up to two ( 2) union members of the Labour/Management Committee willattend meetings without loss of pay or benefits.

d) The Employer will prepare and distribute draft minutes for the Union to

review within 14 days of the meeting. The Union will provide feedbackwithin 7 days of receipt from Management. The objective is to have the

minutes distributed to the membership within 21 days of the meeting.

6. 04 Union Stewards

The Union acknowledges that the stewards have regular duties to perform on

behalf of the employer. Such persons shall not leave their regular duties without

receiving permission from their supervisor. Such permission shall not be

withheld unreasonably.

6. 05 A Steward will be allowed to leave their work without loss of pay to attend to

Union business on the following conditions:

a) To attend to local Union matters ( with the exception of grievance


7

arbitrations and Union business away from the Employer's place of

business) after obtaining permission from the Supervisor or designate.

The time shall be devoted to prompt handling of necessary

union/ management relations and shall not interfere with the efficient

operation of the Service as determined by management. Reasonable

preparation time will be provided.

b) It is agreed that the Union will not meet with employees on the premises of

the Employer without permission of the Supervisor or designate. Union

business will not be conducted so as to disrupt the work place.

c) The Employer will provide the ability for the posting of local union business

notices electronically. The Union agrees to send copy of any notices to

the Employer.

6. 06 The Employer agrees that any new employees in the bargaining unit will be

introduced to the Unit steward or Representative. The Employer agrees that a

steward of the Union shall be allowed 30 minutes to provide the newly -hired

employees with an orientation to the union at the end of the Employer's

Orientation Program or within the first month of employment. The Employer will

advise the Union President and Unit Steward two weeks in advance of the

scheduled orientation. It is agreed that this will occur when the Union Steward or

Representative is off-duty, and such time will not be paid.

ARTICLE 7 — OCCUPATIONAL HEALTH AND SAFETY

7. 01 In accordance with the Occupational Health and Safety Act RSO, 1990 and

amendments thereto, the Employer shall continue to make reasonable provisions

for the safety and health of its employees during the hours of their employment. It

is agreed that the Employer and the employees and the Union shall cooperate to

the fullest extent possible in the prevention of accidents and in the reasonable


M

promotion of safety and health of all employees.

7. 02 Recognizing their joint responsibility under the applicable legislation, the

Employer agrees to accept as a member of its Joint Health and SafetyCommittee at least one ( 1) representative selected or appointed by the Union

from amongst the bargaining unit members. Given that the health and safety

concerns of this bargaining unit are likely to be closer in nature to those of the

paramedic bargaining unit represented by OPSEU, relative to other groups with

the Employer, the parties agree health and safety concerns of this bargaining unit

will be raised through a Joint Health and Safety Committee representing this

bargaining unit, the paramedic bargaining unit, and the Employer. Members

attending committee meetings or performing committee duties shall be paid at

their regular rate of pay for all permissible time spent on committee business in

accordance with the Occupational Health and Safety Act s.9( 34). Either party,

upon notification to the other, may bring an advisor to a committee meeting to

speak to agenda items.

7. 03 The Employer will require employees to take disease control measures

mandated by duly authorized Medical Authorities ( Ministry of Health & Long Term

Care, Health Canada) or as required by the employer's policies. Where

employees during the course of employment are reasonably expected to be

exposed to communicable diseases for which there is a vaccine approved byHealth Canada, the Employer will provide at no cost to the employee such

vaccine, or any other treatment approved for delivery within Canada by the

Ministry of Health & Long -Term Care and Health Canada as required as a result

of such exposure.

7. 04 No bargaining unit employee will be required to work alone while transporting a

patient.


81

ARTICLE 8 — NO STRIKE OR LOCK OUTS

8. 01 There shall be no strikes or lock -outs for the term of this agreement and strike

and lockouts shall have the meaning as provided in the Ontario Labour Relations

Act.

ARTICLE 9 — GRIEVANCE PROCEDURE

9. 01 Employees shall have the right, upon request, to the presence of a Union

Steward, whose presence may be by teleconference, subject to mutual

agreement and on a case by case basis, at any stage of the grievance

procedure, including the complaint stage, or at any time where formal discipline

is imposed.

9. 02 For the purpose of this Agreement, a grievance is defined as a difference arising

between a member of the bargaining unit and the Employer relating to the

interpretation, application, administration or alleged violation of the Agreement.

9. 03 STAGE 1 ( Complaint Stage)

It is the mutual desire of the parties hereto that complaints shall be adjusted as

quickly as possible, and it is understood that an employee has no grievance until

he has first given his immediate supervisor the opportunity of adjusting his

complaint. Such complaint shall be discussed with his immediate supervisor

within ten ( 10) days from the event giving rise to the grievance, or from when the

employee should have reasonably become aware of the event giving rise to the

grievance. Failing settlement within ten ( 10) days, it shall then be taken up as a

grievance within the ten ( 10) days following his immediate supervisor' s decision

in the following manner and sequence:

STAGE 2 ( Formal Grievance Stage)

The Employee must submit the grievance through the Local Union, signed by the


10

grievor and the Local Union Steward, or designate, to the Chief of EMS or

designate. The grievance shall identify the nature of the grievance, the remedy

sought, and should specify the provisions of the Agreement which are alleged to

have been violated.

The parties will have a period of up to thirty (30) days from the date the grievance

is filed to attempt to resolve the grievance, and in any case, to provide the Union

with a formal written response setting out the Employer's position on the matter.

During the thirty ( 30) day resolution period referred to above, the parties will

attempt to resolve the matter(s) in dispute through a Stage 2 meeting or series of

meetings which shall involve the individuals with the authority to resolve the

grievance.

In resolving the dispute, the parties will hold the meeting, and any other meetings

as may be agreed, to thoroughly consider the grievance and attempt to find a

resolution. The governing principle will be that the parties have a mutual interest

in their own solutions and avoiding, if at all possible, having the decision made by

an arbitrator.

If the parties are unable to resolve the grievance, the Employer will provide the

Union with a written response to the grievance by the end of the thirtieth ( 30) day

following the date of the filing of the grievance.

The Union will then have a period of ten ( 10) days from the date of the

Employer's response to determine if the response is acceptable, or will refer the

matter to arbitration.

9. 04 Time limits may be extended by mutual consent and confirmed in writing. It is

agreed that time limits referred to in Articles 9 and 10 shall not include Saturdays,

Sundays, Designated Holidays and/ or Statutory Holidays.


11

9. 05 EMPLOYER GRIEVANCES

Any grievance initiated by the Employer may be referred in writing as a grievance

to the Union Staff Representative or designate within ten ( 10) days of the

occurrence of the circumstances giving rise to the grievance. The parties shall

meet within ten ( 10) days thereafter to consider the grievance. If final settlement

of the grievance is not completed within ten ( 10) days of such meeting, the

grievance may be referred to arbitration as provided in Article 10,

9. 06 UNION POLICY GRIEVANCES

A union policy grievance, which is defined as an alleged violation of this

Agreement affecting more than one ( 1) employee in the bargaining unit, may be

referred in writing as a grievance within ten ( 10) days after the circumstances

giving rise to the grievance. If it is not satisfactorily settled it may be referred for

arbitration in the same manner and to the same extent as the grievance of an

employee.

9. 07 DISCHARGE AND DISCIPLINARY PROCEDURES

a) In the event that the Employer initiates disciplinary action against an

employee such disciplinary action shall be confirmed in writing by letter to

the employee involved ( with a copy to the Unit Steward and/ or the steward

who was present at the meeting) setting forth the action taken and the

penalty imposed. The employee will be given the opportunity to consult

with a steward.

b) Whenever the Employer deems it necessary to issue a written reprimand

to an employee, such reprimand shall be issued within fifteen ( 15)

calendar days of being made aware of the circumstances giving rise to the

reprimand and particulars of the reprimand shall be issued at the same

time with a copy to the steward. The fifteen ( 15) day period may be

extended by the mutual agreement between the parties. A request for

such an extension will not be unreasonably denied.


12

c) A claim by an employee who has been suspended or discharged without

sufficient cause shall be treated as a grievance and taken up at Stage 2 of

the grievance procedure within ten ( 10) days of such suspension,

discipline or discharge.

d) The disciplining of any employee shall not be used against him/ her in

future disciplinary actions once -eighteen ( 18) months have elapsed since

the issuance of any form of discipline, and any discipline will be removed

from the record of an employee provided that the employee' s record has

been discipline free for such eighteen ( 18) month period.

9. 08 PERSONNEL FILE

An employee shall have the right to access and review his/ her personnel file on

reasonable written notice and in the presence of the Human Resources Manager

or designate. Copies of any documents contained in the personnel file may be

released to the employee upon written request with the understanding that the

confidentiality of those documents is no longer in the sole control of the

Employer. A letter outlining any of the employee' s disagreements with any

comments contained therein will be appended to the file.

ARTICLE 10 - ARBITRATION

10. 01 Where a grievance, which has not been resolved through the grievance

procedure, is referred to arbitration, the party referring the grievance shall give

written notice to the other party not later than ten ( 10) days after the response

from Stage 2 that it intends to refer the matter to arbitration. Time limits referred

to in this article shall not include Saturdays, Sundays, Designated Holidays

and/or Statutory Holidays.

10. 02 Any grievance referred to arbitration by the parties, including any questions as to

whether a matter is arbitrable, shall be determined by a sole arbitrator agreed to


13

by the parties. When either party wishes to have a grievance referred to

arbitration it shall give written notice of such referral to the other party within the

time limits set out in Article 10. 01 above, and at the same time propose a sole

arbitrator to be used. Within seven (7) business days, the other party shall agree

in writing to the proposed arbitrator, or propose alternate name(s). Failing

agreement within twenty-one ( 21) days an appointment may be made by the

Minister of Labour at the request of either party. The parties will share equally

the fees and the expenses of the sole arbitrator. No person may be appointed

as an arbitrator who has been involved in an attempt to negotiate or settle

the grievance. The arbitrator shall not be authorized to make any decision

inconsistent with the provisions of this Agreement, nor to alter, modify, add to, or

amend any part of this Agreement. The decision of the arbitrator will be final and

binding upon the parties hereto and the employee(s) concerned.

10. 03 No matter may be submitted to arbitration which has not been properly carried

through all requisite steps of the Grievance procedure.

10. 04 The time limits set out in the Grievance and Arbitration Procedures herein are

mandatory and failure to comply strictly with such time limits, except by

the written agreement of the parties, shall result in the grievance being deemed

to have been abandoned, subject only to s.48 ( 16), Labour Relations Act.

10. 05 By mutual agreement the parties may elect to have a three-person Arbitration

Board ( comprised of one Union nominee, one Employer nominee and one

Chairperson agreed to by the parties) hear the matter in dispute instead of a sole

arbitrator. In such case, the party wishing to submit the issue to arbitration,

should indicate in its notice of intent to arbitrate, that it would like the matter

heard by an Arbitration Board. The recipient of the notice shall inform the other

party within seven calendar days of receipt of the notice if it is agreeable or not

to the matter being heard by an Arbitration Board. Failing agreement between the

parties Article 10. 02 shall be followed. Each of the parties hereto will bear the

expense of the nominee appointed by it and the parties will share equally the


14

fees and the expenses of the chairperson of the Arbitration Board. The decision

of the majority or, where there is no majority, the decision of the chairperson, will

be final and binding upon the parties hereto and the employee(s)

concerned. The Board of Arbitration shall be bound by all clauses this Article in

the same manner as the sole arbitrator, with the necessary changes being

made.

10. 06 MEDIATION/ARBITRATION PROCESS

Notwithstanding the grievance procedure in this collective agreement, the parties

may at any time agree to refer one or more grievances to a mediator or a single

mediator -arbitrator for the purpose of resolving the grievances in an expeditious

and informal manner.

ARITCLE 11 — SENIORITY

11. 01 Employees shall accumulate seniority on the basis of all hours worked since last

date of hire.

11. 02 Seniority lists will be maintained and posted electronically. The lists shall be

updated twice annually, and a copy of each list shall be supplied to the Union at

the time of initial posting and subsequent revision.

11. 03 Seniority shall continue to accumulate during any paid leave, and for the first 6

months of any approved unpaid leave.

11. 04 Seniority shall terminate and an employee shall cease to be employed by the

Employer when that employee:

a) resigns or retires;


15

b) is discharged and is not reinstated through the grievance procedure

or arbitration;

c) fails to report for work within seven ( 7) working days after being

notified by registered mail by the Employer of recall;

d) is absent from work for five ( 5) consecutive working days without

providing a reason satisfactory to the Employer;

e) utilizes a leave of absence for a purpose other than that for which it

was granted;

f) fails to return to work upon the termination of an authorized leave of

absence unless a reason satisfactory to the Employer is given;

g) is absent due to an illness or disability for a period of twenty-four

24) months, providing such termination is not in violation of the

Human Rights Code.

h) is laid off for a period in excess of eighteen ( 18) months

If any provision of this article is found to conflict with the Human Rights

Code, the parties shall be bound by the Code and shall amend this Article

to the extent required.

11. 05 Seniority shall continue to accrue under the following circumstances:

a) while actively at work

b) when off work due to lay-off, seniority shall continue to accumulate

or a period of time equal to six (6) months;


16

c) when off work due to sickness or accident;

d) when off work due to personal leave of absence, then seniority will

continue to accumulate for the first six (6) calendar months of

such leave;

e) when absent on maternity/parental/adoption leave as provided

under the Employment Standards Act

D when absent on scheduled vacation or on a designated holiday

and/or statutory holiday;

g) when off work due to any other leaves under the Employment

Standards Act not stated above.

For employees on leave under any situations outlined in this sub article seniority

accrual will be calculated based on an average of the last four (4) weeks worked.

ARTICLE 12 — POSTING AND FILLING VACANCIES

12. 01 In all cases of posting and filling of vacancies, the Employer shall select the

senior candidate from among the applicants who meet the qualifications and are

able to perform the normal requirements of the posted position.

12. 02 The posting shall be posted electronically. The posting shall contain:

a) the job title

b) the hours of work and rate for the job

c) the qualifications and experience required to perform the job


17

d) a brief description of the nature of the job

12. 03 The posting shall clearly indicate the deadline date for application and the

location or person to whom applications shall be made. The posting period shall

be for not less than seven ( 7) calendar days from the date of posting.

12. 04 A successful internal candidate shall be placed on a three month trial period

upon starting the new position. During this period, the employee may elect to

return to his/her former position. If the Employer decides that the successful

candidate is not performing the normal duties of the position adequately,

assistance will be provided to the employee to become familiar with the position.

In the event that employer decides within the three month trial period that the

employee cannot adequately perform the normal duties of the position, the

employee will be returned to the employee' s former position. In such cases, the

affected employee may elect to grieve management' s decision as to the

adequacy of performance on the posted job.

12. 05 No applicants from outside the bargaining unit will be considered unless the

posting and selection process is completed and no bargaining unit applicant was

selected. At that time the employer may consider applicants from outside the

bargaining unit. It is understood that job postings can be posted internally and

externally at the same time.

ARTICLE 13 — PROBATIONARY PERIOD

All new employees shall be hired on a probationary basis until they have completed 650

regular hours of work. An employee will be credited with seniority based on hours

worked upon completion of this probationary period. An employee may be released

during the probationary period and such release of an employee during the probationary

period shall not be the subject of a grievance or arbitration as long as the termination is

in neither bad faith, arbitrary nor contrary to the Ontario Human Rights Code.


18

ARTICLE 14 — JOB SECURITY

14. 01 A layoff is defined as a reduction in the number of bargaining unit employees, or

the elimination of one or more bargaining unit positions which are occupied by

employees at the time of elimination.

14. 02 Layoffs shall be carried out by reverse order of seniority in the classification

affected, provided that the senior employees are qualified and able to perform

the normal requirements of the work.

14. 03 In the event of a lay off of a permanent or long term nature, the Employer will

provide affected employees with as much notice as possible, but 30 days' notice

at minimum. Where less than 30 days' notice is provided, any such shortage of

notice will be issued as pay in lieu of notice. The Employer agrees to provide 30

days' notice to the Union to meet with the Union during this time period, if

requested, to discuss means of avoiding the layoff

a) Such meeting will review the following:

the reasons causing the layoff;

the services the Employer will undertake after the layoff;

alternatives to layoff;

the method of implementation; and

ways the Employer can assist employees to find alternative

employment

14. 04 A copy of any notice of lay off to an employee will be provided to the Union at the

same time.

14. 05 An employee given notice of a permanent layoff shall be entitled to accept the

layoff and retain recall rights or displace an employee with lesser seniority

provided that the senior employee is qualified and able to perform the normal


19

requirements of the job.

Article 15 RECALL

15. 01 Employees who are laid off shall be placed on a recall list and shall retain, but

not accrue seniority for eighteen ( 18) months.

15. 02 The employer shall recall employees in order of seniority to vacant bargaining

unit positions for which she is qualified and can perform the required work, for a

period of eighteen ( 18) months from the date of layoff.

15. 03 Notice of recall shall be sent by registered mail to the last known address of the

employee, who shall report to work seven ( 7) days from the date of the letter.

15. 04 No new employee shall be hired until those employees laid off and placed on the

recall list that are qualified and able to perform the normal requirements of the

job have had the opportunity to be recalled.

ARTICLE 16 — TECHNOLOGICAL CHANGE

16. 01 The Employer undertakes to notify the Union in advance, so far as practicable, of

any technological changes which the Employer has decided to introduce which

will significantly change the status or working conditions of employees within the

bargaining unit.

16. 02 The Employer agrees to discuss with the Union the effect of such technological

changes on the employment status of employees and to consider practical ways

and means of minimizing the adverse effect, if any, upon employees concerned.

16. 03 Employees will be given notice of the impending change in employment status

and working conditions as soon as practicable.


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ARTICLE 17 — HOURS OF WORK AND OVERTIME

17. 01 The parties agree that the normal hours of work shall be scheduled in

accordance with operational needs.

17. 02 Time will be allotted during the daily hours of work for the employees to perform

the necessary safety checks and cleaning and restocking of vehicles.

17. 03 During a workday of 8 hours or more there will be two (2) fifteen ( 15) minute paid

breaks and one thirty ( 30) minute paid lunch. There is no additional

compensation provided for a missed break or lunch period.

17. 04 Shift Scheduling

a) Work schedules will be posted at least four weeks in advance.

b) Shifts will be equitably distributed on the basis of seniority, provided

that employee availability offers the opportunity for such equitable

distribution.

c) Employees must provide their availability at least two ( 2) weeks in

advance of the schedule being posted, for the period of time covered by

the schedule.

17. 05 When an employee reports for duty for a scheduled shift, and upon their arrival

finds no work available for them, they shall be paid for four ( 4) hours at their

regular hourly rate

17. 06 Employees will be paid overtime at the rate of time and a half their regular rate

for any hours worked over forty-four (44) in a week. Overtime will be calculated

to the nearest one-quarter ( 1/ 4) hour, and will be paid at the rate of time -and -one

half ( 1. 5x) the base hourly rate.


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ARTICLE 18 — LEAD HAND PREMIUM

Where the Employer assigns Lead Hand responsibilities to a bargaining unit employee,

such employee will be provided a premium of $ 1. 02/ hour, in addition to their regular

base rate of pay, for the duration of the assignment of said responsibilities.

ARTICLE 19 — LEAVES OF ABSENCE

19. 01 Personal Leave

The Employer may grant a leave of absence without pay for personal reasons.

The request for leave of absence shall be in writing at least fourteen ( 14)

calendar days in advance whenever possible and such request shall not be

unreasonably denied.

19. 02 Union Leave

a) The employer shall grant leave of absence without pay to

attend Union functions provided that this leave does not unduly

interfere with the operations of the Employer. Such leave will not be

unreasonably withheld. In requesting such leave -of -absence for an

employee(s), the Union must give at least fourteen ( 14) calendar

days notice in writing to the Employer. During such leave -of -

absence, the employee's salary and benefits shall be maintained by

the employer, and the Employer will be reimbursed by the Union.


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b) Union Leave: Full Time Position

When an employee is elected or appointed to a full-time position

with OPSEU, the Employer shall grant a leave of absence without

pay and continuation of benefit coverage paid by OPSEU and

without loss of seniority for the durations of such leave. At the end

of the assignment, the employee shall, upon two ( 2) weeks' notice

be returned to the position held immediately prior to the

commencement of the leave or to a comparable position with no

decrease in pay should the original position be eliminated.

c) Leave of absence with no loss of pay and with no loss of credits

shall 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 the employee.

19. 03 Bereavement Leave

An employee who would otherwise have been at work shall be entitled to a leave

of absence for a period of:

a) five (5) consecutive calendar days' in the event of the death of his

spouse, child, parent, sister, brother, or step -children.

b) three ( 3) consecutive calendar days' in the event of the death of a

mother-in- law, father-in- law, brother-in- law, sister- in- law, son- in- law,

daughter- in- law, step-parent, grandparent or grandchild.

c) one ( 1) day for the employee's direct relative aunt or uncle

for clarity, this includes only the employee' s aunt or uncle,

and not their spouse' s) for the purpose of attending the

funeral.


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Any scheduled shifts falling within the period outlined above may be

missed with pay. If the employee requires additional time off, he may

arrange with his supervisor for vacation, lieu time or leave without pay.

With notification and approval of the employer, employees may defer one

bereavement day for a later internment.

19. 04 Pregnancy, Adoption and Parental Leaves

The Employer shall grant an employee a pregnancy/parental leave without loss

of seniority pursuant to the Employment Standards Act, as amended from time to

time.

ARTICLE 20 — MEDICAL LEAVE

2 0. 01 a) It is understood that the Employer may request a doctor's

certificate from an employee after 5 consecutive calendar

days of absence due to illness, or where the Employer has

reasonable grounds to suspect abuse of sick leave.

b) If the Employer makes such a request, it shall reimburse the employee for

any out-of-pocket expenses, provided the amount claimed is substantiated

by a valid receipt.

ARTICLE 21 - WAGES

21. 01 The wages will be set out in Schedule A, attached to and forming part of thecollective agreement.

21. 02 An employee will automatically progress form one step to the next in the salaryrage for his/ her classification as outlined in Schedule A.

21. 03 In the event that a new job classification is created, the Employer will notify the

Union of the job description and pay rate.


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If the Union objects to the pay rate established by the Employer, they may notify

the Employer in writing of such objection within thirty ( 30) days of being notified

by the Employer. If the parties are unable to reach agreement, the Union may

refer the matter to a mutually agreeable arbitrator, whose decision will be binding

on the parties.

If the Union fails to object within the timeframe established herein, the wage level

established by the Employer will be deemed to be accepted.

ARTICLE 22 — STATUTORY HOLIDAYS

22. 01 The holidays recognized by the Employer will be as follows:

New Year's Day Canada Day

Civic Holiday Family Day

Labour Day Good Friday

Thanksgiving Day Easter Monday

Victoria Day Boxing Day

Remembrance day Christmas Day

22. 02 Employees will be entitled to holiday pay, for the above listed holidays, in

accordance with the provisions of the Employment Standards Act.

ARTICLE 23 - VACATION

23. 01 Employees are entitled to take up to two ( 2) weeks' vacation time after each

completed year of service. In order to take vacation time, when submitting their

availability for work, employees will indicate that they are unavailable for work.

Vacation time cannot be carried over into the next vacation entitlement year.

23. 02 Employees will receive vacation pay in the amount of 4% of wages. Vacation

pay will be issued on each pay.


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23. 03 Given then vacation pay is issued on each pay, vacation time taken in

accordance with Article 23.01 is without pay.

ARTICLE 24 — HEALTH SPENDING ACCOUNT

Effective January 1, 2016, all active employees who have successfully completed the

probationary period will be entitled to receive a Health Spending Account in the amount

of $250 per year. This account can be utilized for reimbursement of medical expenses

deemed eligible by the CRA. Claims will be submitted and administered in accordance

with the terms established by the third party administrator of the account. Any amounts

unused as of December 31 of each year cannot be carried over and will be deemed

forfeited. In the year in which the employee becomes eligible by virtue of their

successfully completing the probationary period, the amount they are entitled to that

year will be pro -rated from the 1St of the month immediately following their completion of

the probationary period.

ARTICLE 25 — UNIFORMS

25. 01 Each Employee, upon hiring, will be supplied with a uniform, at the Employer's

expense.

25. 02 The Employer shall pay all employees that are required to wear safety footwear

as part of their job a boot allowance of $150. 00 ( non-taxable) every two years on

the first pay in April, as reimbursement towards the purchase of CSA approved

safety footwear. For clarity, if as of April 1, an employee has received a boot

allowance in the previous twenty-three ( 23) months, they shall not be entitled to

receive the allowance again until the following April.

25.03 The employees shall wear the uniform as designed by the Employer during

working hours and at no other time, save and except when the employee is going

directly to work from home, or directly home from work, or as approved by the


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Employer for special functions.

25. 04 The uniform shall be the property of the Employer and if an employee ceases

employment for any reason, the current uniform issued, shall be returned to the

Employer.

ARTICLE 26 — FIRST-AID/CPR TRAINING

The Employer will offer an in- house training session for first-aid and CPR, at the cost of

the Employer, which employees will be invited to attend for free. Should an employee

fail to attend the offered in- house training, they will be responsible to maintain their

First-Aid/ CPR certification at their own expense.

ARTICLE 27 — COST OF PRINTING

The cost of printing the Collective Agreement will be shared equally by the Employer

and the Union. The Collective Agreement will be printed by the Union and the

Employer's share will be billed back to the Employer.

ARTICLE 28- SALE OR TRANSFER OF BUSINESS

In the event that the Employer is unsuccessful in maintaining a contract for the Non

Urgent Patient Transfer Service, the Employer agrees to make every reasonable effort

to advocate that the existing employees receive an offer of employment from the

subsequent service provider.


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ARTICLE 29 — DURATION

This agreement shall come into effect on the date of ratification and shall continue in

effect until December 31, 2018 and from year to year thereafter unless either party

gives to the other party notice in writing at least ninety ( 90) days prior to the expiry date

of its desire to terminate or amend this agreement.

Signed at c-pQN" q- this o2 ay of 1 x; 2`', 2016

FOR THE UNION FOR THE EMPLOYER


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APPENDIX " A"

Wage Schedule

Retroactive to January 1, 2015

The following general wage increases will be provided to the Patient Transfer Attendant

rate:

January 1, 2015 — 2%

January 1, 2016 — 2%

January 1, 2017 — 1. 4%

January 1, 2018 — 1. 4%

Only employees actively employed as Patient Transfer Attendants on the date of

ratification will be entitled to the retroactive adjustment.


Start wage 1820 3640

14.28

Jan 1, 2015 2%

retro)

14. 56

Jan 1, 2016 2% 14. 85 15. 03 15. 22

Jan 1, 2017 1. 4% 15. 06 15. 24 15.43

Jan 1, 2018 1. 4% 15. 27 15.45 15. 65


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APPENDIX " B"

LETTER OF UNDERSTANDING

BETWEEN

Manitoulin -Sudbury DSB

AND

OPSEU, LOCAL 679 Non Urgent Patient Transfer Service

Re: Permanent Funding

The parties agree that, in the event that the Employer receives notice that the fundingfor the program is permanent, the parties will meet to discuss any terms and conditionsof employment that will apply to said employees.

Signed at eSr°AAJaL4 this day of FUL y, 2016



APPENDIX " C"

LETTER OF UNDERSTANDING

BETWEEN

Manitoulin -Sudbury DSB

AND

OPSEU, LOCAL 679 Non Urgent Patient Transfer Service

Re: Lead Hand Responsibilities

The parties agree that should lead hand duties need to be assigned, the parties will

meet to discuss the manner in which the duties shall be assigned and to whom.

The current incumbent ( Peter McIntosh) shall receive the lead hand premium for the

term of this Collective Agreement, unless he leaves the employ of the Employer, orbecomes unable to perform the lead hand duties, and it becomes necessary toreassign.

Signed atC(P© L this 98yday of , 2016



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Documents

Collective - Ontario€¦ · 3 agree that exceptions will apply where there is a bona fide occupational requirement. 3.03 The Employer recognises its duty to accommodate under the