F'MLE EMPS TOTAl EMPS COD4NG CONTROL JUN 2 1 2 ......hours, without loss of pay for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting

TOTAl EMPS

COD4NG CONTROL

IPENT CODED

FILE No.

CERT. FILE

CERT. DATE

~n:\.lE EMPS

F'MLE EMPS

COLLECTIVE AGREEMENT

- OFFICE OF ,

JUN 2 1 2.000 BETWEEN

. COLLECiIVE BARGAINING lNFORMAilON SUB. PROVS CODED

MANITOULIN-SUDBURY COMMUNITY CARE ACCESS CENTRE (Hereinafter called the "Employer")

of the First Part

AND

CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 3977 (Homemakers)

(Hereinafter called the "Union") of the Second Part

Expiry Date: May 31, 2004

..

TABLE OF CONTENTS

Article 1 - Purpose......................................................................................................... 1

Article 2 - Recognition .................................................................................................. 1

Article 3 Responsibility of Employees ....................................................................... 1

Article 4 - Employer Rights ..........................................................................................2

Article 5 Union Security .............................................................................................3

Article 6 Correspondence and Posting of Notices ......................................................3

Article 7 - Union/Management Consultation ............................................................... .4

Article 8 No Discrimination ........................................................................................4

Article 9 - No Strikes or Lockouts ................................................................................4

Micle 10 - Trade Union Representation ..................................................................... .4

Article 11 - Grievance Procedure ..................................................................................5

Article 12 Arbitration .................................................................. ; ............................... 8

Article 13 Seniority .....................................................................................................9

Article 14 - Lay-offs and Recall .................................................................................. 10

Article 15 Work AssigI1Il1ents................................................................................... 11

Article]6 Hours of Work ......................................................................................... 13

Article 17 - Holidays ................................................................................................... 14

Article 18 Vacations ................................................................................................. 14

Article 19 - Leave of Absence..................................................................................... 14

Article 20 Bereavement Leave .................................................................................. 16

Article 21 Educational Leave .................................................................................... 16

Collective Agreement between Manitoulin-Sudbury Community Care Access Centre and the Canadian Union of Public Employees Local 3977

.. • 1.. , , '\ )

Article 22 - Relieving in Other Positions outside the Bargaining Unit. ...................... 16

Article 23 - Sick Leave ........................................... : ........ : ........................................... 17

Article 24 - Pension ..................................................................................................... 17

Article 25 - Expense Reimbursement.. ........................................................................ 17

Article 26 - Wages....................................................................................................... 19

Article 27 - Health and Safety ..................................................................................... 19

Article 28 - General .. ::................................................................................................. 19

Article 29 - Copies of Agreement ...............................................................................20

Article 30 - Duration ...................................................................................................20

Appendix A - Wages ..................................................................................................21


II

..' I " " •

... ARTICLE 1 - PURPOSE

1:01 The purpose of this Agreement is to establish mutually satisfactory relations between the Employer and its employees, to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement.

1:02 It is agreed that every covenant, provision and agreement shall ensure to the benefit of and be binding upon the parties hereto, and their assigns, and that all covenants herein shall be construed as being joint and several and that when the context so requires or permits the singular number shall read as if the plural were expressed. Where the feminine is used in this agreement it shall be deemed to include the masculine and vice versa where the context so requires.

ART,ICLE 2 - RECOGNITION

2:01 The Employer recognizes the Canadian Union of Public Employees as the bargaining agent for all employees of the Manitoulin-Sudbury Community Care· Access Centre, employed in Home Care, save and except Supervisors, persons above the rank ofSupervisor, and persons for whom a trade union held bargaining rights on the date of application.

2:02 On commencing employment, the employee's immediate Supervisor shall introduce the employee to her Union Steward or Representative. An officer of the Union shall be given an opportunity to interview each new employee within regular working hours, without loss of pay for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting the new employee with the benefits and duties of Union Membership and her responsibilities and obligations to the Employer and the Union. The Employer may make arrangements for new employees to be interviewed in groups by an officer of the Union at the time of orientation.

2:03 Employees of the Employer whose jobs are not in the Bargaining Unit shall not work on any jobs which are normally included in the Bargaining Unit except for the purpose of instruction, experimentation, during an emergency and other cases that may be mutually agreed upon by the Parties.

ARTICLE 3 - RESPONSIBILITY OF EMPLOYEES

3:01 It is recognized that the Employer is responsible for the safety, health, comfort, and general welfare of its clients. Therefore, the Union and the employees which it represents recognize that they must be prepared to assist in carrying out the services of the Employer when in the opinion ofthe Employer it is possible and feasible to do so.


,

3:02 This responsibility to the clients is solely that of the Employer and requires that any dispute arising over the interpretation of the terms.ofthis Agreement be adjusted and settled in an orderly manner without interruption to the services of the Employer. Therefore, the Union agrees that any difference with the Employer which may occur during the term of this Agreement will be dealt with under the provisions of the Grievance Procedure.

3:03 It shall be the responsibility of all employees to notify their Supervisor in writing within five (5) working days of any change in address or telephone number.

ARTICLE 4 - EMPLOYER RIGHTS

4:01 The Union recognizes that the management, supervision and direction of the CCAC and its workforce is fixed exclusively in the Employer and shall remain solely with the Employer. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right ofthe Employer to:

(a) Maintain order, discipline and efficiency;

(b) Hire, assign, retire, direct, promote, demote, classify, transfer, lay-off and recall, and discharge, suspend or otherwise discipline employees for just cause;

(c) Determine the location of its business, the methods and equipment to be used, the qualification standards for employees, the assignment of work and overtime work and time off, the scheduling of work, the number of personnel to be employed, the extension, limitation, curtailment or cessation of operations, the standards of performance of employees, and to determine all other functions and prerogatives hereinbefore vested in and exercised by the Employer which shall remain solely with the Employer;

(d) Make and enforce and alter from time to time rules and regulations to be observed by the employees; however, should new rules or regulations be instituted or existing rules or regulations altered the Union will be given prior notice and opportunity for discussion prior to posting and implementation.

4:02 The employer agrees that these functions shall be executed in a manner consistent with the terms and provisions of the Collective Agreement, and subject to the right ofthe employee or the Union to lodge a grievance as set forth herein.


2

... l'

ARTICLE 5 - UNION SECURITY

5:01 (a) It is agreed and understood that there shall be a compulsory check-off of all employees who come within the scope of this agreement and it shaH continue during the period of the contract

(b) The Employer agrees to deduct dues from the earnings of each employee in the amount certified by the Union, according to its Constitution and ByLaws.

(c) The Employer agrees to deduct the amount of dues each month from the first (I st) payroll period of each month and remit the amount ofdues so deducted to the Treasurer of the Union no later than the last day of the month in which the dues are deducted.

5:02 (a) At the time of employment, the Employer shall provide each new employee with a form which the employee may sign authorizing the Employer to provide the Union with the employee's address and home number.

(b) The Employer shall provide the Union with an updated list of such names, addresses and home numbers twice (2) per year. This list shall also indicate promotions, demotions, hirings, lay-offs, recalls, resignations, retirements, deaths or other terminations of employment.

5:03 (a) No contract, written or oral, shall be entered into between the Employer or any of its designated representatives, and employees covered by this Agreement on matters relative to hours of work, wages, and working conditions, promotions, or any other conditions affecting the welfare of the employees in general.

5:03 (b) A Union Bargaining Committee shall be elected or appointed and consist of not more than four (4) members of the Union who shall be employees of the Employer. The Union will advise the Employer of the Union nominees to the Committee.

ARTICLE 6 - CORRESPONDENCE AND POSTING OF NOTICES

6:01 All correspondence between the parties to this Agreement shall pass to and from the President, Secretary and Vice President (Homemaking) of the Union and the parties agree to keep each other advised of the current mailing address applicable.

6:02 The Employer shall make available a place for the purpose of posting notices regarding meetings and other similar Union matters. Such notices shall not be posted unless signed by a Union Officer.


3

,

ARTICLE 7 - UNION/MANAGEMENT CONSULTATION

7:01 The Union and the Employer shall each name at least two (2) representatives to a UnionlManagement Consultation Committee.

7:02 On the request of either party, but no more often than once every two (2) months during the term of this Agreement unless by mutual consent, the parties shall meet

, for the purpose ofdiscussing issues relating to the workplace which affect the parties or any employees bound by this Agreement. The request to convene a meeting shall contain the proposed agenda.

7:03 The employee shall suffer no loss of pay for time spent In attendance at UnionlManagement Consultation Committee meetings.

ARTICLE 8 - NO DISCRIMINATION

8:01 (a) There shall be no discrimination practised by either the Employer or the Union against any employee because of race, religion, creed, colour, place of origin, political affiliation, sex, marital status, family relationship, participation or non-participation, membership or non-membership in the Union. There will be no coercion ofthe Union practised by the Employer.

(b) There shall be no discrimination practised by either Party with respect to any reason proscribed by the Human Rights Code.

ARTICLE 9 - NO STRIKES OR LOCK-OUTS

9:01 In view of the orderly procedures established by this Agreement and the provisions of the Labour Relations Act, the Union agrees that there will be no strikes, slowdowns, work stoppages, either complete or partial, during the term of this Agreement. The Employer agrees that there shall be no lockout by it during the term of this Agreement.

ARTICLE 10 - TRADE UNION REPRESENTATION

10:01 (a) The Employer agrees to recognize employees selected by the Union as Stewards for the purpose of representing employees and dealing with. Union business as provided under this Collective Agreement. The names of the Chief Steward and Stewards will be communicated to the Employer within one week ofelection or appointment.


4

--------------------------------------

·,

(b) A Chief Steward may be appointed; or elected. The Chief Steward may, in the absence of any Steward, assist lin the presentation of any grievance, or with any Steward function.

10:02 A Steward's first obligation is to the performance of her regular duties which she shall not leave without first obtaining the permission of her immediate Supervisor or designate. Such permission shall not be unreasonably withheld. A Steward shall have reasonable time to investigate an alleged violation of the Collective Agreement without loss from regular pay. Notwithstanding the foregoing, the Steward shall not conduct investigations during hours of work except if such cannot be reasonably avoided. A Steward shall not commence an investigation until the employee has first given her supervisor an opportunity to address the complaint.

The Steward, the grievor, and any other officers of the Union attending grievance meetings shall suffer no loss of regular pay for attendance at such meetings. The Employer reserves the right to schedule grievance meetings so that they do not interfere with the scheduled hours of work of the grievor and Officers of the Union.

A Steward receiving permission to leave her regular duties shall advise her Supervisor of the approximate duration of her absence and shall report back to such Supervisor at the time of her return to work.

10:03 In order for an employee to be eligible to be a Steward or to be part of the Negotiating Committee, the employee must have successfully completed her probationary period.

10:04 (a) The Employer shall recognize the Officers and Stewards of the Union when notified, in writing, by the Union ofpersons filling such positions.

(b) The Union shall have the right to have the assistance of representatives of the Canadian Union of Public Employees or any other advisors when dealing or negotiating with the Employer. Such Representatives shall have reasonable access to the offices of the Employer in order to investigate and assist in the settlement of a grievance.

10:05 The Employer agrees to pay up to four (4) members of the Local Union Negotiating Committee for regular hours missed from work due to attendance at collective agreement negotiation meetings with the Employer. Notwithstanding the foregoing, the Employer reserves the right to re-schedule the hours of work of members of the Union's Negotiating Committee.

ARTICLE 11 - GRIEVANCE PROCEDURE

11:0 I Within terms of this Agreement, a grievance shall be defined as a difference arising between the employee, the Union, or both, and the Employer as to the interpretation, application, and administration or the alleged violation of the provisions of this Agreement.


5

i

II :02 It is understood that an ernployee has no 'grievance until she has first given her supervisor an opportunity to adjust the complaint. The supervisor shall render her decision within five (5) working days of receiving the cornplaint frorn the ernployee.

11 :03 If the cornplaint is not settled to the satisfaction of the ernployee by her supervisor she shall subrnit her written grievance to her Steward or another officer of the Union who shall consider the grievance. If the grievance is deerned justified the Union may advance it to Step 1 within fifteen (IS) working days of the decision of the supervisor in 11.02.

11 :04 Step 1

A Steward or another officer of the Union shall deliver or cause to be delivered the written grievance to the Manager of Homemaking Services who shall, within four (4) working days of receiving the grievance, rneet with the grievor, a Steward and another officer of the Union to discuss and atternpt to resolve the grievance. Grievances that are not settled within five (5) working days of the meeting shall be referred back to the Steward or another officer of the Union.

11 :05 Step 2

Within five (5) working days of the cornpletion of Step 1, if the grievance has not been settled, the Union may forward the grievance to the designated committee of the Ernployer, to the attention of the Director of Corporate Services. Within fourteen (14) working days of receiving the grievance, the Ernployer's designated comrnittee shall meet with the grievor, the Steward, another officer of the Union and a Representative of the Canadian Union of Public Ernployees to atternpt to reach a settlernent. The Ernployer's committee shall give its written decision to the grievor and the Union officials within seven (7) working days of the meeting.

11 :06 All grievances shall be in writing and shall be signed by the grievor. General grievances shall be signed by the President and Secretary of the Union or their designates. All grievances shall state the redress sought. All replies to all stages shall be in writing and signed by an Employer representative.

11 :07 At the request of either party and, by rnutual agreement, which shall not be unreasonably withheld, the time lirnits outlined herein may be waived, and a meeting of representatives of the Employer and the Union rnay be scheduled and held for the purpose of discussing any grievances not yet settled at the tirne of such rneeting. At least two (2) working days in advance of such rneeting, an agenda shall be subrnitted by the party requesting the meeting indicating the grievances to be discussed and the step in the grievance procedure at which each grievance stands. By rnutual agreernent, like grievances rnay be placed at the

Collective Agreement between Manitoulin·Sudbury Community Care Access Centre and the Canadian Union of Public Employees Local 3977

6

, . same step in the grievance procedure anq discussed together in the interest of efficient and effective administration of the; procedure.

Policy and General Grievances

II :08 Any differences arising directly between the Union and the Employer concerning the interpretation, application, administration or the alleged violation of the provisions of this Agreement may be submitted by either party to the other at Step 2 of the Grievance Procedure.

It is expressly understood that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which she could have instituted herself and the regular grievance procedure shall not be thereby bypassed. A grievance by the Employer shall be filed with the Local Union President or designate.

It is understood that there is no general grievance until the Manager of Homemaking Services has had an opportunity to adjust the complaint. Such complaint to be satisfactorily settled within ten (10) working days from receipt of the complaint or it may then be immediately implemented under Step 2 of the Grievance Procedure.

Discharge, Suspension and Discipline Cases

II :09 If an employee is discharged, suspended or disciplined and if she believes she has been unjustifiably discharged, suspended or disciplined, she may have her grievance processed under the Grievance Procedure starting at Step 2, if presented in writing within seven (7) working days after the date ofdischarge, suspension or discipline.

The release of a probationary employee shall not be the subject of a grievance or arbitration.

II: 10 It is agreed and understood that there shall be no' extension to the time limits as outlined in the Grievance Procedure unless by mutual consent which consent shall not be arbitrarily or unreasonably withheld by either party to this Agreement.

II: II Whenever the Employer deems it necessary to censure or discipline an employee, the employee has the right to request the presence of a Union Steward if she so wishes. A copy of a written confinnation of a censure or discipline shall be forwarded to the Chief Steward of the Union.

11: 12' The Employer shall notify an employee of dissatisfaction concerning her activities which may reflect on her employment with the Employer within twenty (20) working days of the Employer becoming aware of the occurrence.

Should an employee's personnel record remain clean of any recorded disciplinary notices for a period of eighteen (18) consecutive months from the date of last


7

recorded discipline, then any matters dating back more than eighteen -( 18) months shall be disregarded in considering the employee's.personnel record.

II: 13 Subject to the approval of the Director of Corporate Services an employee may have access to and review their personnel file in the presence of the Director of Corporate Services or designate.

II: 14 In this article, working days are defined as Monday to Friday, excluding statutory holidays.

ARTICLE 12 - ARBITRATION

12:01 (a) Any grievance not settled at Step 2 may, before 30 calendar days have elapsed since the written decision at Step Two, be submitted by either party to Arbitration in accordance with the Ontario Labour Relations Act.

(b) When either Party requests that a grievance be submitted to Arbitration, the request shall be made by Registered mail addressed to the other Party of the Agreement, indicating the name of its Nominee on the Arbitration Board. Within five (5) days thereafter the other Party shall answer by Registered Mail indicating the name and address of its· Appointee to the Arbitration Board. The two (2) Arbitrators shall then meet to select an impartial Chairperson.

(c) The above provisions shall apply unless either Party applies for a sole Arbitrator under the Ontario Labour Relations Act.

12:02 If the recipient of the notice fails to appoint an Arbitrator, or if the two Appointees fail to agree upon a Chairperson within seven (7) days of appointment, the appointment shall be made by The Ministry of Labour, upon the request of either Party.

12:03 The decision of the majority shall be the decision of the Arbitration Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all Parties, but in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of any discharge, suspension or discipline grievance by any arrangement which in its opinion it deems just and equitable.

12:04 Each Party shall pay: (a) The fees and expenses of the Nominee it appoints;

(b) One-half(1I2) the fees and expenses of the chairperson.


8

12:05 Notwithstanding the above, if both Parties are agreeable, they may elect to appoint an impartial person who shall serve as an Arbitrator in accordance with this Article and such single Arbitrator shall have the same jurisdiction and authority as the Arbitration Board as set out elsewhere in this clause.

ARTICLE 13 - SENIORITY

13:01 A new employee will be considered on probation until she has completed four (4) months and 609 hours of work. Upon completion of the probationary period she shall be credited with seniority to her last date of hire. With the written agreement of the Employer, the probationary employee and President of the Local Union or designate, such probationary period may be extended. Such written agreement will specify the length of the extension required. The release or discharge of an employee during the probationary period shall not be the subject ofa grievance.

13.02 Seniority means the length of continuous service with the Employer since the last date of hire, and is used exclusively for determining the order of layoff and recall.

13.:03 The Employer shall maintain a seniority list showing the employee's last date of hire. An up-to-date seniority list shall be sent to the Union within sixty (60) days of the signing ofthis Collective Agreement and then semi-annually thereafter.

13.04 An employee shall lose all seniority and rights thereof and shall be deemed to have been terminated for any of the following reasons:

(a) Discharged for just cause.

(b) Absent from work without permission of the Homemaking Supervisor for any period of time during which the employee was scheduled to work on three (3) consecutive scheduled days of work.

(c) Voluntarily resigning.

(d) In the case oflayoff, as follows:

(i) For an employee with less than five (5) years of service after a layoffexceeding a period ofover twelve (12) months .

. (ii) For an employee with five (5) or more years of service after a-Iay-off exceeding a period ofover twenty-four (24) months.

(e) Failing to signify intention, in writing, to return to work within ten (10) working days after the Employer has notified a laid-off employee by

Collective Agreement between Manitoulin-Sudbury Community Care Access Centre 9 and the Canadian Union of Public Employees Local 3977

..

;, .'

registered mail of recall to employment. It is agreed that the ten (10) days begin on the day the letter is mailed:

(f) Using a leave of absence for a purpose other than that for which it was granted.

(g) Absent from work for more than twenty-four (24) months because of sickness or physical disability or both. This provision shall be applied in accordance with the Ontario Human Rights Code.

ARTICLE 14 - LAY-OFFS AND RECALL

14:01 In cases of lay-off, employees shall be laid off in reverse order of bargaining unit seniority subject to their availability, skills and experience required in the specific assignment, geographic location, and the ability to meet specific client needs. An employee's ability to meet specific client needs shall be determined using the following criteria:

(a) urgency of client need;

(b) language and cultural needs of the client;

(c) ability to provide appropriate care to the client;

(d) client preferences for care by caregiver based on gender;

(e) continuity of care,. where the lack of continuity would likely lead to an adverse effect on the health of the client.

14:02 Employees shall be recalled in order of their bargaining unit seniority subject to their availability, skills and experience required in the specific assignment, geographic location, and the ability to meet specific client needs. An employee's ability to meet specific client needs shall be determined using the following criteria:

(a) urgency of client need;

(b) language and cultural needs of the client;

(c) ability to provide appropriate care to the client;

(d) client preferences for care by caregiver based on gender;

(e) continuity of care, where the lack of continuity would likely lead to an adverse effect on the health ofthe client.

Collective Agreement between Manitoulin~Sudbury Community Care Access Centre and the Canadian Union of Public Employees Local 3977

10

"

14:03 In the event of a proposed layoff of a peffi1a~ent or 10ng-teffi1 nature (in excess of 13 weeks) the Employer shall:' .

(a) provide the Union with no less than two (2) months written notice of the proposed layoff; and,

(b) provide to the affected employee no less than two (2) months written notice of layoff or pay in lieu thereof; and

(c) in the event of a layoff ofpeffi1anent employees, the parties agree to meet within ten (10) working days of such notice for the purpose of minimizing any adverse effects upon the employees involved. Such discussion shall include the recognized voluntary leaving incentive program where feasible, as an alternative to layoffs. Nothing in this article commits the Employer to offering any program should the Employer not deem it appropriate to do so.

Where a proposed layoff results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the Union provided in (a) above shall be considered notice to the Union of any subsequent layoff.

It is further agreed that notice to both the Union and the employees may run concurrently.

For part-time employees, payment in lieu of notice shall be based on the average paid hours per week calculated over the most recent thirteen (13) complete pay periods from the date of the notice.

ARTICLE 15 - WORK ASSIGNMENTS

15:01 Work Assignments

(a) Subject to paragraph (d) below, employees shall be scheduled work assignments on a rotating basis, subject to their availability, skills and experience required in the specific assignment, geographic location, and the ability to meet specific client needs. An employee's ability to meet specific client needs shall be determined using the following criteria:

l. urgency of client need;

ll. language and cultural needs of the client;

iii. ability to provide appropriate care to the client;


II

·.

IV. client preferences for care by caregiver based on' gender;

v. continuity of care, where the'lack of continuity would likely lead to an adverse effect on the health of the client.

(b) Employees who lose regular hours, or who have requested an increase to their present work assignments, shall be scheduled replacement or increased hours based on the scheduling criteria in paragraph (a) above, providing:

I. there are new regular hours available, or

II. there are relief hours available.

(c) An employee who is on a leave of absence authorized under this Agreement shall, upon return to work, be reassigned to those work assignments for clients to whom the employee had been assigned to work immediately prior to the commencement of the leave, and to whom the Employer continues to provide its services. Employees shall provide the Employer with fourteen (14) days notice of return to work where possible.

(d) Hours of work will be assigned without incurring overtime cost.

15:02 Addition or Reduction of Work Hours

(a) Each employee must provide the Employer with a written notice setting out the days and times that the employee will be available to accept a work assignment from the Employer. For new employees, this written notice shall be provided to the Employer at the time of the employee's orientation meeting.

(b) It shall be the responsibility of the employee to provide the Employer with at least twenty-four (24) hours notice, subject to paragraph (c) below, of any desire the employee has to increase or decrease her days and times of availability as previously set out pursuant to paragraph (a) above. It shall be the responsibility of the employee to provide the Employer with written continnation of her desire t6 increase or decrease her days and times of availability.

(c) An employee who wishes to reduce her work assignments from those currently scheduled shall provide the Employer with reasonable notice of her desire. The currently scheduled work assignments of the employee shall then be reduced as requested. It shall be the responsibility of the employee to provide the Employer with written continnation of her desire to reduce her currently scheduled work assignments.


12

• 15:03 Employee/Client Compatibility

(a) Either the client or the employee 'shall have the right to terminate the services which the employee is providing to that particular client.

(b) If the employee wishes to terminate the work assignment, she shall give the Employer reasonable notice to allow the Employer the opportunity to . arrange for another employee to provide the required services.

ARTICLE 16 - HOURS OF WORK

Hours of Service of the Employer

16:01 The services of the Employer are available, depending on client need, seven days per week, twenty-four hours per day. Therefore, the work week shall provide for continuous service Sunday through Saturday, twenty-four hours per day.

Hours of Work

16:02 The normal work week is thirty-five (35) hours per week. This shall not constitute a guarantee of hours of work. The number of hours of work shall be in accordance with Article 15 and client service requirements.

16:03 When an employee is required to work six hours or more in a day, included in the assignment shall be two (2) fifteen (15) minute paid rest periods, one in the first half of the assignment and one in the second half. The employee shall also be entitled to a one ( 1) hour unpaid meal break.

16:04 When an employee is required to work more than four (4) but less than six (6) hours in a day she shall be eligible for one (1) fifteen (15) minute paid rest period and a one-half(1I2) hour unpaid meal break to be included in the assignment.

16:05 It is recognized that due to the nature of the Employer's operations as a community service agency, overtime work may be required. When the Homemaking Supervisor or her designate requires and approves work in excess of thirty-five (35) hours per week, the employee shall be paid at the rate of time and one-half (1 112).

16:06 Employees who are not notified of a cancellation and attend at the client's home shall call the Co-ordinator immediately if the client is not at home. The Employer will endeavour to contact the client. If the Employer is unable to reach the client, the Homemaker will be paid for one hour and given another case if available. If no other case is available, the Homemaker will be paid for the scheduled hours of that visit plus travel to a maximum of three hours.


13

.. ., ,

ARTICLE 17 - HOLIDAYS

17:01 Each employee shall be entitled to payment of 3.4 percent of her hourly rate in lieu of payment for named holidays, such payment to be paid in each pay period. In order to qualify for such payment, the employee must have been employed for three (3) months. The named holidays are:

(a) New Year's Day (e) Labour Day

(b) Good Friday (f) Thanksgi ving Day

(c) Victoria Day (g) Christmas Day

(d) Canada Day (h) Boxing Day

17:02 An employee who is required to work on any of the holidays listed in Article 17:01 shall be paid for each hour worked on such holiday at the rate of one and one-half(1 Y2) times her regular rate of pay.

ARTICLE 18 -- VACATIONS

18:01 Each employee shall be entitled to payment of four (4) percent of her hourly rate in lieu of paid vacation leave, such payment to be paid in two (2) installments. Amounts accrued to March will be paid on the last pay date in March and amounts accrued to September will be paid on the last pay date in September.

ARTICLE 19 - LEAVE OF ABSENCE

Union Leave

19:01 The Employer shall grant, providing there is no interference with necessary operations of the Employer, up to three (3) duly appointed delegates leave of absence without pay and without loss of seniority to attend Seminars of the Union upon fourteen (14) days written notice by the Union.

19:02 An Employer-paid leave of aosence will be granted without loss of seniority to four (4) appointed delegates of the Union in order to attend the following Conventions:

(a) The biennial National Convention of the Canadian Union of· Public Employees.

(b) The annual Convention of the Ontario Division of the Canadian Union of Public Employees.


14

~ .

(c) The annual Health Care Conference of the Canadian Union of Public Employees.

The Union shall reimburse the Employer for the pay and related Employer's share of statutory benefits costs for the delegates attending these conferences.

Pregnancy and Parental Leave

19:04 (a) An employee who becomes pregnant shall notifY the Homemaking Supervisor in writing no less than two (2) months prior to the expected date of termination of her pregnancy as certified by a qualified medical practi tioner.

(b) An employee shall qualifY for pregnancy/parental leave after thirteen (13) weeks ofemployment prior to the expected date of delivery.

(c) An employee may elect to take a pregnancy (17 weeks)/parental (18 weeks) leave of absence without pay up to a maximum of thirty-five (35) weeks. It is understood that during the first six (6) months the employee shall continue to accrue seniority and annual vacation entitlements. The accrual ofseniority and annual vacation entitlement will only be applicable if the employee returns to the employ of the Employer at the end of said Leave.

(d) When an employee decides to return to work after pregnancy/parental or adoption Leave, the Employee shall provide the Employer with at least two (2) weeks advance notice. On return from such leave the employee shall be placed in their former or equivalent position within their classification.

19:05 Jury and Witness Duty Leave

(a) Employees subpoenaed to act as Jurors or Witnesses in criminal court, civil court or a coroner's inquest shall be granted leave of absence for such purpose.

(b) An employee shall be entitled to the Jury or Witness Duty fee or their full salary for the period, whichever is the greater. Calculation of the salary owing will be based on the average hours of work per week over the thirteen most recent complete pay periods.

(c) If the full salary for the period is greater than the Jury or Witness Duty fee, then to receive her full salary, the employee must remit to the Employer the full amount of her jury of witness duty fee for the same period.

(d) The employee shall retain any travel expenses recei ved in connection with Jury or Witness Duty Leave.


15

, '

(e) If an employee on approved vacation leave is subpoenaed to act· as a juror or witness in a criminal or civil court, dr a cQroner's inquest, her time spent as a juror or witness shall be reinstated for future use as vacation leave at a time mutually agreed upon by the employee and her Homemaking Supervisor.

Personal Leave

19:06 Employees shall be permitted one (I) day per year without pay which shall not accumulate, for the purpose ofmoving.

19:07 The Employer recognizes the right of an employee to participate in public affairs. Therefore, upon written request, the Employer shall permit, subject to applicable legislation, leave of absence without pay and without loss of seniority so that the

. employee may be a candidate in Federal, Provincial or Municipal Elections.

19:08 An employee shall be entitled to leave of absence without pay and without loss of seniority when in the opinion of the Employer the leave is for good and sufficient reason. Such leave shall not be unreasonably denied.

ARTICLE 20 - BEREAVEMENT LEAVE

20:01 An employee is entitled to leave without pay due to bereavement. The employee is required to notify the Employer of the dates when she is unavailable for work.

ARTICLE 21 - EDUCATIONAL LEAVE

, 21 :01 The employee is entitled to take time off without pay for education purposes. The

employee is required to notify the Employer of the dates when she is unavailable for work. .

ARTICLE 22 - RELIEVING IN OTHER POSITIONS OUTSIDE THE BARGAINING UNIT

22:01 Employees requested in writing to provide temporary relief in a position outside of the bargaining unit shall receive the base rate of pay for the position unless the employee's rate of pay is equal to or greater in which case the employee shall receive a rate ofpay equivalent to the next step on the incremental grid.

,22:02 An employee temporarily assigned by the Employer to a job classification and ~~ position paying a lower rate shall retain his regular rate ofpay.


16

.' • 22:03 In the event an employee is requested to provide temporary relief in. a non-union

position outside the bargaining unit, such; employee shall continue to pay Union Dues and receive all rights and privileges of the collective agreement. It is understood that temporary promotions to positions outside the bargaining unit shall be no longer than nine (9) months. Such period of time may be extended by mutual agreement of the parties.

ARTICLE 23 - SICK LEAVE

23:0 I The employee shall inform the Employer as soon as possible of her inability to report to work because of illness or injury. The employee shall inform the Employer in advance of her renewed 'availability for work.

23:02 The Employer may require an employee to provide a medical certificate from a qualified medical practitioner and/or a specialist to prove recovery from sickness or disability.

ARTICLE 24 - PENSION

24:01 The Employer agrees to provide the Hospitals of Ontario Pension Plan (HOOPP) during the term of this Agreement, subject to the terms and conditions of the plan.

24:02 All employees who were enrolled in OMERS prior to June 1, 1997 were subject to compulsory enrollment in HOOPP. '

ARTICLE 25 - EXPENSE REIMBURSEMENT

25:01 The Employer agrees to pay a mileage allowance as outlined:

(a) that the formula for the adjustment of base mileage rate of 20 cents ($0.20) per business kilometre be:

(i) for each full 2.1 cents ($0.021) decrease/increase in the base cost for a litre of regular gasoline, the mileage base rate of 20 cents ($0.20) be adjusted accordingly by 1 cent ($0.01) per business kilometre.

(ii) that the base cost of regular gasoline per litre be 46.6 cents ($0.466).

(b) that for· the purposes of comparison to the base price per litre of regular gasoline for employees who live in Sudbury (including all areas not identified below), the price per litre of regular gasoline at the following three (3) service stations shall be taken and averaged on the prescribed date of review:

Collective Agreement between Manitoulin-Sudbury Community Care Access Centre and the Canadian Union or Public Employees Local 3977

17

.. " ~.

(i) Gasoline station at 15 Centennial [)rive

(ii) Gasoline station at 1828 Regent Street South

(iii) Gasoline station at 1813 Regent Streel South

(c) that for the purposes of comparison to the base price per litre of regular gasoline for employees who live in Chapleau (including Foleyet and surrounding areas), the price per litre of regular gasoline at the followirig two (2) service stations shall be taken and averaged on the prescribed date of review:

(i) Coulter's Esso

(ii) Alex's Gas Bar

(d) that for the purposes of comparison to the base price per litre of regular gasoline for employees who live on Manitoulin Island, the price per litre of regular gasoline at the following three (3) service stations shall be taken and averaged on the prescribed date of review:

(i) Bridal Veil Esso - Kagawong

(ii) Petro Canada - Little Current

(iii) Petro Canada - West Bay

(e) that the review date for the application of the above be:

the 'last Friday in April of each year the last Friday in July ofeach year the last Friday in October of each year the last Friday in January ofeach year

25 :02 The Employer agrees to reimburse for parking expenses that are incurred while the employee is on Employer business. In order to qualify to be reimbursed, employees must submit receipts for all charges .

. 25:03 Employees required to utilize public transportation for Employer business will be reimbursed for such expense. Bus fare rates will be adjusted according to the rates for Sudbury Transit.

25:04 Expense reimbursement for travel expenses will be paid on the second pay date of the month following the incurred expense.


18

• ... ",'

~. '. •

ARTlCLE 26 - WAGES

26:0 I The wage rates are set out in Appendix A.

ARTlCLE 27 - HEALTH AND SAFETY

27:01 The parties will co-operate to the fullest extent in the prevention of accidents and the promotion of health and safety.

27:02 A Health and Safety Cominittee shall be established in order to improve safety standards;' 'and be composed of at least two (2) representatives appointed by the Employer and three (3) representatives appointed by the Union, and chaired alternately between Union and Employer representative.

27:03 The Health and Safety Committee shall hold bi-monthly meetings, or more often, if any emergency situation warrants it, and will deal with all unsafe, hazardous or dangerous working conditions. Representative of the Union shall not lose pay for attendance at any such meetings during their regular working hours. Copies of minutes of all Committee Meetings shall be sent to the Employer and to the Union. The committee shall report to the Employer's Occupational Health and Safety Committee established under the Occupational Health and Safety Act.

27:04 No employee shall be disciplined for acting in compliance with applicable Acts or for seeking enforcement of the provisions of the Acts.

27:05 All employelfs shall report unsafe acts or unsafe conditions to their Co-ordinator of Homemaking Services in accordance with the duties of Workers under The Occupational Health and Safety Act. A Homemaking Supervisor will investigate and take corrective action as required. The Homemaking Supervisor will report to the Health and Safety Committee at its next meeting on the nature and disposition of the Report.

ARTICLE 28-GENERAL

28:01 Any benefits which may come into existence during the life of this Agreement that are not specifically covered by this Agreement shall upon mutual agreement by the parties become part of this Agreement and shall be appended hereto.

Collective Agreement between Manitoulin-Sudbury Community Care Access Centre and the Canadian Union or Public Employees Local 3977

19

• "~. ,"~ .-_. •

'" ARTICLE 29 - COPIES OF AGREEMENT

29:01 The Union and the Employer desire every employee to be familiar with the provisions of this Agreement and her rights and obligations under it. The Union and the Employer shall share equally the cost of the printing of the collective Agreement, withjn thirty (30) days of signing.

ARTICLE 30 - DURATION

30:01 This Agreement shall become effective on June 1, 2000 and shall remain in full force until May 31, 2004.


20

••

APPENDIX A - WAGES

LEVEL Apr 1199 June 1,2000 June 1,2001 June 1,2002 June 1,2003

11.66Start rate, newly hired employee

10.86 11.06 11.26 ! 11.46

Step 2: Employees with a certificate of qualification acceptable to the Employer and upon completion of 120 hours of work

11.09 11.29 11.49 11.69 11.89

Step 3: Employees with a .. certificate of qualification

acceptable to the Employer and upon completion of 1505 hours of work

11.53 11.73 11.93 12.13 12.33

Signed at Sudbury, Ontario, this b~day of ~ ,2000.

FOR THE UNION: FOR THE EMPLOYER:

4-tJ.

l4d.£d :5r§fF

Ratified on behalfof the Employer's Board ofDirectors

Bob Fera Board Chair


21

Documents

F'MLE EMPS TOTAl EMPS COD4NG CONTROL JUN 2 1 2 ......hours, without loss of pay for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting