Home Sweet Home Care

8/2/2019 Home Sweet Home Care

http://slidepdf.com/reader/full/home-sweet-home-care 1/32

COLLECTIVE AGREEMENT

BETWEEN

HOME SWEET HOME CARE AGENCY

AND

NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES

Expiry: June 30, 2014



THIS AGREEMENT made this __________ day of ___________________, AnnoDomini, Two Thousand and Eleven;

BETWEEN:

HOME SWEET HOME CARE AGENCY

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC ANDPRIVATE EMPLOYEES, a body corporate organized and existing under the laws of theProvince of Newfoundland and Labrador and having its registered office in the City ofSt. John’s aforesaid (hereinafter called the “Union”);

of the other part:

THIS AGREEMENT WITNESSETH that for and in consideration of the premises andcovenants, conditions, stipulations, and provisos herein contained, the parties heretoagree as follows:



TABLE OF CONTENTS

ARTICLE SUBJECT PAGE

1 Purpose ................................................................................................. 12 Recognition ............................................................................................ 1

3 Management Rights ............................................................................... 1

4 Interpretation and Definitions ................................................................. 1

5 Union Security ....................................................................................... 2

6 No Discrimination ................................................................................... 4

7 Sexual and Personal Harassment ......................................................... 4

8 Grievance Procedure ............................................................................. 4

9 Arbitration .............................................................................................. 6

10 Labour-Management/Occupational Health Committee .......................... 7

11 Severe Weather Conditions ................................................................... 8

12 Probation, Discipline and Personnel File ............................................... 8

13 Seniority ............................................................................................... 10

14 Hours of Work ...................................................................................... 11

15 Overtime .............................................................................................. 13

16 Holidays ............................................................................................... 14

17 General Leave ..................................................................................... 15

18 Leave - Other ....................................................................................... 1819 Payment of Wages and Allowances .................................................... 21

20 Strikes and Lockouts............................................................................ 22

21 Termination and Layoff ........................................................................ 22

22 Health and Safety ................................................................................ 22

23 Duration ............................................................................................... 23

Schedule A .......................................................................................... 25

Schedule B .......................................................................................... 26

Letter of Understanding - Medical Insurance Plan ............................. 27

Letter of Understanding - Canada Savings Bonds ............................... 28



1

ARTICLE 1 PURPOSE

1:01 The purpose of this Agreement is to maintain harmonious and mutuallybeneficial relationships between the Employer, the employees and theUnion and to set forth certain terms and conditions of employment.

ARTICLE 2 RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargainingagent for all classes of employees listed in Schedule A.

2.02 Inclusions/ExclusionsIn the event of the creation of a new classification during the term of thisAgreement, the Employer agrees to consult with the Union as to whethersuch classification should be included in the bargaining unit. Should the

parties be unable to agree, the matter shall be referred to the LabourRelations Board.

2.03 Work of the Bargaining UnitEmployees not covered by the terms of this agreement will not performduties normally assigned to employees within the bargaining unit exceptfor the purpose of instruction, experimenting, emergencies or whenregular employees are not readily available, or as may otherwise bemutually agreed by the parties.

2.04 No Other AgreementsNo employees shall be required or permitted to make a written or verbalagreement with the Employer or its representative which may conflict withthe terms of this Agreement.

ARTICLE 3 MANAGEMENT RIGHTS

3.01 The Union recognizes and agrees that the Employer reserves and retainsall the rights, powers and authority to manage its operations and to directits employees, except as specifically abridged or modified by the expressprovisions of this Agreement.

ARTICLE 4 INTERPRETATION AND DEFINITIONS

4.01 (a) "Bargaining Unit" means the bargaining unit recognized inaccordance with Article 2.



2

(b) "Day" means a calendar day unless otherwise stipulated in thisAgreement.

(c) "Employee or Employees" means any person employed in a positionwhich falls within the bargaining unit.

(d) “Employer” means Home Sweet Home Care Agency and includesany person authorized by the owner/operator to act on its behalf.

(e) “Holiday" means the twenty-four (24) hour period commencing at0001 hours of a calendar day designated as a holiday in thisAgreement.

(f) "Week" means the period from 0001 hours Sunday to 2400 hoursthe following Saturday, inclusive.

(g) "Year" means the calendar year unless otherwise provided.

(h) "Layoff Notice" means notice in writing which is hand delivered ordelivered by registered or certified mail.

(i) “District(s)”, as set out in Schedule B, indicates the geographicarea(s) in which the employee chooses to work.

4.02 GenderFor the purpose of this Agreement, the masculine shall be deemed toinclude the feminine and the plural indicate the singular and vice versa asthe context may require.

4:03 AdministrationIn the event that there is a conflict between this Agreement and anyregulations or policies made by the Employer, this Agreement shall takeprecedence over the said regulations or policies.

ARTICLE 5 UNION SECURITY

5.01 (a) Deduction of Union DuesThe Employer shall, as a condition of employment, deduct from thebi-weekly pay of every member of the bargaining unit an amountequal to the regular bi-weekly membership dues of the Union.

(b) Notification of DeductionsThe amount of the regular dues shall be authorized by the Unionand the Union shall notify the Employer of any changes therein in



3

writing at least one (1) month prior to the effective date of suchchange.

5.02 Remittance of Union DuesDeductions shall be forwarded to the President of the Union by onemonthly cheque within a reasonable time after the end of the month in

which the deductions were made. The cheque shall be accompanied by alist which shows the employee’s full name, unique Employee ID# andclassification and the amount deducted on the employee’s behalf. This listshall also include any additions and deletions that occurred in the previousmonth.

5:03 Shop StewardsThe Employer acknowledges the right of the Union, to appoint or electShop Stewards on a ratio of 1:20. The Union shall notify the Employer, inwriting, of the name of the Shop Steward before the Employer shall berequired to recognize him/her.

5.04 Union Leave for Processing Grievances and Complaints(a) If it is necessary to schedule a grievance meeting during a grievor’s

scheduled shift, the time spent shall be without loss of pay for thegrievor and one (1) Shop Steward provided that such time off doesnot interfere with the operations of the Employer. Employeesrequesting such leave must obtain permission from the Employerprior to leaving his/her post and must report to the Employerimmediately upon his/her return. Such permission will not beunreasonably withheld.

(b) In the case of a group grievance, one (1) employee from the groupwill be entitled to such leave under the conditions specified inClause 5.04 (a).

(c) The Employer shall not be required to pay the grievor or Local Unionrepresentatives for time spent at arbitration hearings.

5.05 New Employees(a) The Employer will notify the Shop Steward of the name, address

and telephone number of each new employee.

(b) The Employer will:(i) advise each new employee that the terms and conditions of

his/her employment are governed by the provisionscontained in a Collective Agreement;



4

(ii) provide the employee with a copy of the CollectiveAgreement from among those provided to the Employer bythe Union for that purpose;

(iii) provide the employee with contact information for the Shop

Steward or any other Union representative that the Unionwants the employee to have.

5.06 Bulletin BoardsThe Employer shall provide a bulletin board for the use of the Union. Thesite of the bulletin board will be determined by mutual agreement. It isagreed that such a bulletin board will not be erected in areas normallyfrequented by clients. Articles, circulars, memos, etc. dealing with Unionbusiness will only be posted on the designated bulletin board.

ARTICLE 6 NO DISCRIMINATION

6.01 The Employer agrees that there shall be no discrimination with effect toany employee in the matter of hiring, wage rates, training, upgrading,promotion, transfer, layoff, recall, discipline, classification, discharge,assignment of work, or otherwise by reason of age, race, creed, colour,national origin, political or religious affiliation, gender, sexual orientation,marital status, physical disability, mental disability, political opinion, nor byreasons of his/her membership or activity in the Union as per theNewfoundland and Labrador Human Rights Code.

ARTICLE 7 SEXUAL AND PERSONAL HARASSMENT

7.01 The Employer and the Union recognize the right of employees to work inan environment free from harassment as defined in the Newfoundland andLabrador Human Rights Code. The Employer shall undertake toinvestigate alleged occurrences of harassment with all possible dispatch.

ARTICLE 8 GRIEVANCE PROCEDURE

8.01 DefinitionA Grievance means a complaint in writing presented in accordance withthis Article arising out of the interpretation, application, administration oralleged violation of the terms of this Agreement.

8.02 Settling of Grievances



5

Step 1 - Immediate Supervisor With the exception of a probationary employee dismissed for unsuitabilityor incompetence as assessed by the Employer, an employee maypresent, in writing, a grievance to his/her immediate supervisor, ordesignate, within seven (7) calendar days after the circumstances giving

rise to the event or after such circumstances ought reasonably to havecome to the attention of the employee or to the Union. Such grievanceshall state the nature of the grievance, the remedy sought and theprovisions of the Agreement which are allegedly violated. The supervisor,or designate, shall render a decision within seven (7) calendar days afterthe receipt of the grievance.

Step 2 - Owner/Operator Should the decision rendered at Step 1 be unsatisfactory, or should adecision not be rendered within the stipulated time frames, the grievanceshall be submitted to the owner/operator within seven (7) calendar days

after the conclusion of Step 1. The owner/operator shall render a writtendecision within seven (7) calendar days after the receipt of the grievanceat Step 2.

Step 3 - Referral to Mediation Where the Grievance Procedure fails to resolve a grievance, the parties,prior to referring the grievance to arbitration, may mutually agree to referthe grievance to the mediation process of the Labour Relations Agency. Ifthe mediation process fails, either party may then formally refer thegrievance to arbitration.

8.03 Union RepresentationThe employee may be represented by a full time representative of theUnion at any formal Step of the Grievance Procedure.

8:04 Time LimitsThe time limits specified in this Article may be extended, in writing, bymutual agreement of the parties.

8.05 Suspension or Discharge GrievanceA grievance by an employee who has completed his/her probationaryperiod claiming that he/she has been unjustly discharged or suspendedmay be submitted directly to the Owner/Operator at Step 2 of theGrievance Procedure. Such grievance must be received by theOwner/Operator within seven (7) calendar days of the date of notificationof the suspension or discharge.

8.06 Policy and Group Grievances



6

(a) Policy GrievanceWhere a grievance is initiated by either the Union or the Employer,the procedure shall start at Step 2 of Clause 8.02.

(b) Group Grievance

Where a number of employees have similar grievances and eachemployee would otherwise be entitled to grieve separately, they willpresent a group grievance in accordance with Clause 8.02identifying to the supervisor each employee who is grieving.

8.07 Technical Objections to GrievancesNo grievance shall be defeated or denied by a technical objectionoccasioned by a clerical, typographical or similar technical error, or by theinadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION

9.01 Referral to ArbitrationFailing settlement of the grievance through either Step 2 or Step 3 of theGrievance Procedure, such grievance may be submitted in writing toarbitration. If no written request for arbitration or mediation is receivedwithin twenty (20) calendar days after the completion of Step 2 of theGrievance Procedure, the grievance shall be deemed to have beenabandoned.

9.02 Sole ArbitratorAll grievances referred to arbitration shall be decided by a sole arbitrator.The referral to arbitration shall be in writing addressed to the other party ofthe Agreement and shall contain the names of three arbitrators selectedfrom the panel of arbitrators provided by the Newfoundland and LabradorLabour Management Committee. The party receiving the request shallrespond within fifteen (15) calendar days of receiving the requestindicating acceptance of one (1) of the three arbitrators, or, if neither of thethree arbitrators is acceptable, counter-proposing the names of no morethan three other arbitrators. If both parties fail to agree on an arbitrator,the Minister responsible for Labour, on the request of either party, shallappoint an arbitrator.

9.03 Decision of the Sole ArbitratorThe decision of the sole arbitrator shall be final, binding and enforceableon all parties. The sole arbitrator shall not have the power to make anydecision inconsistent with the provisions of this Agreement or to change,alter, modify or amend any of its provisions.





8

The parties agree to comply with the Occupational Health and Safety Actand any applicable regulations thereto.

Recognizing its responsibilities under the Act, the Employer agrees toaccept as a member of its Occupational Health Committee, one (1)

bargaining unit representative selected or appointed by the Union.

Such committee shall promote safety and sanitary practices within theworkplace.

ARTICLE 11 SEVERE WEATHER CONDITIONS

11.01 During severe weather conditions or a declared state of emergency, the

Employer shall determine whether or not operations will be suspended ina particular area or community. Should the Employer suspend operations,employees shall be paid for scheduled hours missed to a maximum ofthree (3) hours.

ARTICLE 12 PROBATION, DISCIPLINE AND PERSONNEL FILE

12:01 Probationary PeriodThe probationary period shall be four hundred and eighty (480) workinghours from the date of last hire. For the purpose of this Clause, time offwith pay approved by the Employer shall be considered as time worked.

12.02 Discipline

(a) NotificationThe Employer has the right to discipline and discharge employeesfor just cause. However, any employee who has completed theprobationary period and claims to have been unjustly disciplined,discharged or suspended shall be provided with written notificationwithin seven (7) calendar days of the occurrence or discovery of thematter giving rise to the discipline, discharge or suspension.

(b) Right to RepresentationWhere an employee is required to attend a meeting with theEmployer to be discharged, suspended or given a written warning,or to discuss a matter for which some level of written discipline isbeing considered, the Employer shall advise the employee thathe/she has a right to be accompanied by a Shop Steward. The



9

employee will be informed of the nature of the meeting and begiven as much advance notice as possible. It is the responsibility ofthe employee to inform his/her Shop Steward.

(c) Justice and Dignity

Where an employee is suspended as part of an ongoinginvestigation conducted by the Employer, the employee shallbe compensated for time lost to a maximum of three (3) shifts. TheEmployer shall take all reasonable efforts to conclude theinvestigation within a one (1) week period. In the event theEmployer is unable to complete its investigation within the abovetime frame, the Union and Employer shall meet to discussamending the investigation timeline and any possible furthercompensation to the suspended employee.

(d) Unjust Suspension or Discharge

Should it be found upon investigation that an employee hasbeen unjustly suspended or discharged, the employee shall beimmediately re-instated in her former position without loss ofseniority. The employee shall be compensated for all time lost in anamount equal to the employee`s average earnings in the four (4)pay periods preceding such suspension or discharge, or by anyother arrangement as to compensation which is just and equitablein the opinion of the parties or in the opinion of the Sole Arbitrator, ifthe matter is referred to Arbitration.

(e) Criminal or Legal LiabilityThe Employer shall defend, negotiate or settle civil and/orcriminal claims, suits or prosecutions arising out of acts performedby an employee in the course of her duties, provided that theEmployer is satisfied that the employee performed duties asrequired by the Employer. This does not apply where the employeehas been justly disciplined for a willful act or omission leading to acriminal charge.

No compensation shall be paid for legal counsel not pre-approvedby the Employer.

12.03 Personnel Files(a) Upon request and having given reasonable notice, an employee

shall be allowed to inspect his/her personnel file in the presence ofa representative of the Union and the Employer and be providedwith a copy of any document contained therein.



10

(b) In the event an employee is disciplined, the records of suchdisciplinary action shall not be removed from the personnel file ofthe employee for eighteen (18) months following the receipt of suchdiscipline, providing there has not been a recurrence of a similarincident during that period. It shall be the responsibility of the

employee to see that such documentation is removed.

(c) No document shall be used in disciplinary proceedings against anemployee unless such document has been brought to the attentionof the employee at the time it was placed on the employee’spersonnel file.

ARTICLE 13 SENIORITY

13.01 Seniority Defined(a) Subject to Clause 13.04, seniority for all employees shall bedetermined by the hours of work accumulated since eachemployee’s last date of hire.

(b) Seniority shall be earned on a bargaining unit wide basis withgeneral application except where otherwise required by theprovisions of this Agreement.

(c) It is recognized that two thousand eighty (2080) hours equals one(1) year of service for seniority purposes. The parties agree thatregardless of the actual hours paid in any calendar year, themaximum number of seniority hours credited to an employee will betwo thousand eighty (2080) hours.

13:02 Seniority ListThe Employer shall maintain a seniority list for all employees. An up-to-date seniority

list shall be sent to the Union and posted in January and July of each year.The seniority list for all employees shall show, subject to Clause 13.04, theemployee’s most recent date of hire and the employee’s hours of workaccumulated since her last date of hire.

13:03 Probation for Newly Hired EmployeesAfter completion of the probationary period as specified in Article 12, employees shall

be credited with seniority effective from his/her original date of hire withthe Employer.

13.04 Loss of Seniority



11

An employee shall lose all seniority and service and her employment will be deemed tobe terminated if she:

(a) is discharged for just cause and is not reinstated by an Arbitrator or underthe Grievance Procedure;

(b) resigns in writing;

(c) fails to return from layoff within seven (7) calendar days of being notifiedby registered, certified or hand delivered mail, except when suchfailure is caused by sickness verified by a medical certificate or byother reason satisfactory to the Employer. It shall be theresponsibility of the employee to keep the Employer informed, inwriting, of his/her current address and telephone number;

(d) is laid off for a period longer than twenty-four (24) months.

13.05 Transfers and Seniority Outside Bargaining UnitNo employee shall be transferred to a position outside the bargaining unit without

his/her consent. If an employee is transferred to a position outside thebargaining unit, he/she shall retain his/her seniority accumulated up to thedate of leaving the unit, but will not accumulate any further seniority whileoutside the unit.

ARTICLE 14 HOURS OF WORK

14.01 Hours of Work(a) Recognizing the particular and unique needs of clients and that the very

nature of this work dictates that such services cannot always bepredicted in advance, the parties agree that the work schedule foremployees may be arranged on a flexible basis in the interest ofclient care and/or efficiency of the Employer’s operation. Nothing inthis Agreement shall be construed as a guarantee of minimumhours of work per day or per week.

(b) (i) The normal hours of work for employees scheduled on aweekly basis shall be up to forty (40) hours per week.

(ii) Subject to Clause 14.01 (d), the Employer will attempt toschedule only those hours of work agreed to by theemployee at the time of hiring. An employee may berequired to be available to work additional hours to meet theshort term emergency needs of an assigned client.



12

(c) Client/Employee Incompatibility(i) The parties acknowledge that client needs and/or preferences may impact

staffing actions.

(ii) In consultation with the Union, in situations where the

compatibility between the client and employee is brought intoquestion, the Employer and the employee will meet todiscuss the cause of the incompatibility and to identify, ifnecessary, the availability of alternate work. The Employershall endeavour to provide the employee with similar workand the employee shall accept such work when offered. Inthe event that alternate work is not immediately available,the employee shall be placed, relative to her seniority, withinthe Recall list.

(d) Each employee shall advise the Employer, in writing, of the

district(s) in which she is prepared to work and the maximumnumber of hours per week she is prepared to accept. Employeesmay change either the district(s) or the number of hours at any timeby giving the Employer, in writing, two (2) weeks advance notice.

(e) Loss of Hours/EmploymentIn the event an employee suffers a partial or total reduction in hoursdue to client/employee incompatibility, client hospitalization, deathor incarceration, or any other event beyond the control of theemployee and/or Employer, the Employer shall endeavour toprovide the employee with similar type and hours of work and theemployee shall accept such work when offered. In the event thatalternate work is not immediately available, the employee shall beplaced on a recall list relative to her seniority and offered hours toreplace those lost due to the above events.

Scheduling of Work

(a) Maximizing HoursEmployees who request additional hours in accordance with Clause

14.01(d) are expected to accept such hours. An employee who refusesto work the requested additional hours three (3) times within a twelve(12) month period without providing a reason satisfactory to theEmployer may not be offered additional hours for six (6) months fromthe date of last refusal.

(b) (i) Where possible, work schedules will be included with anemployee’s cheque, otherwise an employee will be advisedof his/her schedule by telephone. This schedule may be



13

adjusted as determined by operational requirements dictatedby client’s needs.

(ii) The scheduling of weekend assignments shall be on a rotationalbasis. Subject to changes in staff levels and client load,

employees may be required to work every second weekend,if necessary.

(iii) The scheduling of evening and night shifts will be on a rotationalbasis where operational requirements permit. The Employerwill make every reasonable effort to accommodate theemployee’s preference to work evenings or nights on atemporary or permanent basis.

(iv) An employee shall not be scheduled to work more than six (6)consecutive days without days off except by mutual

agreement of the employee and the Employer. Wherepossible, at least two (2) consecutive days off shall bescheduled unless single days off are arranged by mutualagreement between the employee and the Employer.

(v) Employees may be permitted to change shifts with anotheremployee provided that it is approved by the immediatesupervisor.

(vi) The Employer shall provide eight (8) consecutive hours off work ineach unbroken twenty-four (24) hour period.

(vii) Subject to the other provisions of this Article, the Employer shallmake a reasonable effort to schedule work on an equitablebasis and to schedule employees so as to maximize theirhours of work. The Employer shall also make a reasonableeffort to schedule work so as to provide consecutive hours,where possible, and to minimize gaps in work schedules.

(viii) Employees are not obligated to accept shifts of less than three (3) hours induration, with the exception of staff meetings, attendance atinvestigations, and training.

(ix) An employee arriving to work a shift that has been cancelledwithout his/her being notified of the cancellation will be paidfor all scheduled hours in the shift or three (3) hours at theregular rate of pay, whichever is less.



14

5 OVERTIME

15.01 (a) All hours worked by an employee in excess of thirteen (13) hoursper day or forty (40) hours per week shall be considered overtime.

(b) Where the Employer requires an employee to work overtime, theemployee(s) assigned to a client shall be offered the opportunity towork the overtime hours. If the employee(s) on shift are unable towork the overtime hours, they may be required to remain at thework site for a period not to exceed three (3) hours until areplacement is found.

(c) All overtime is subject to the prior approval of the Employer.

Overtime Rate

All overtime hours worked shall be compensated at the rate of one and one half(1.5) times the employee's regular rate of pay.

Distribution of OvertimeThe Employer will endeavour to distribute overtime equitably amongst employees who share

responsibilities in a client's household, provided that the employees areavailable and willing to work.

Double ShiftAn employee shall not be required to work a double (2) shift without his/ her consent.

In the event an employee`s scheduled shift is extended beyond thirteen (13) hours, theemployee will be provided with a meal allowance of ten dollars ($10.00).

6 HOLIDAYS

Holiday Pay(a) The following paid holidays shall be provided:

New Year’s Day Good FridayVictoria DayMemorial Day (Canada Day)Labour DayThanksgiving DayRemembrance DayChristmas Day



15

(b) Where an employee works on a statutory holiday identified in Clause16.01 (a), he/she is entitled to receive wages at twice his/herregular rate for the hours worked on the holiday.

(c) An employee who does not work on a statutory holiday identified in Clause

16.01 (a), and who has been employed for at least thirty (30) days,will receive a prorated day’s pay based on the average hoursworked per day in the thirty (30) days immediately preceding theholiday.

Christmas and New Year'sThe Employer agrees that whenever possible, an employee scheduled to work on Christmas

Day shall not be scheduled to work on New Year's Day, and an employeescheduled to work on New Year's Day shall not be scheduled to work onChristmas Day unless otherwise mutually agreed between the employeeand the Employer.

The Employer agrees that whenever possible, employees who work Christmas of one yearshall have Christmas off the following year, and employees who work NewYear's of one year shall have New Year's off the following year unlessotherwise mutually agreed between the employee and her immediatesupervisor.

7 GENERAL LEAVE

General Leave Parameters(a) Employees shall be provided with paid General Leave entitlements

that shall be used for the purposes of vacation, sickness, family orbereavement leave.

(b) Once employees have exhausted their paid General Leaveentitlements, they may be entitled to unpaid General Leave for thepurposes of vacation, sickness, family or bereavement leave.

(c) Employees who fail to accept work for reasons of illness or cancel ascheduled shift because of sickness shall be required to use theirgeneral leave entitlements, if any, that are available to them.

(d) Sick leave means a period of time that an employee has beenpermitted to be absent from work by virtue ofbeing sick, disabled or quarantined.

(e) For the purposes of General Leave, a calendar year shall beconsidered to be January 1st to December 31st.



16

17.02 General Leave EntitlementsEffective September 12, 2011, employees shall be entitled to paid leave, in accordance with

their hours of work as follows:

Probationary employees 4% of wages paid

Greater than 480 hours but less than 6% of wages paidfive (5) continuous calendar years ofservice

Five (5) or more continuous calendar 8% of wages paidyears of service

17.03 General Leave Banking and Payout

(a) Effective September 12, 2011, the Employer shall bank GeneralLeave entitlements on behalf of the employee to be paid out inaccordance with the provisions of this Article.

(b) General leave entitlements shall be banked as accrued wages andactual number of General Leave hours shall be calculated asfollows:Bank ÷ Current Wage = Available General Leave Hours

“Bank” is the amount accrued by the employee under clause 17.02and “Current Wage” is the employee’s wage rate at the time leaveis requested.

(c) Employees shall be permitted to carry forward a maximum amountof General Leave equivalent to sixty (60) hours to the followingcalendar year. General leave entitlements exceeding sixty (60)hours as of December 31st of each year will be paid to theemployee by January 31st of the following year. Employees shallalso have the option of payout of remaining balance of leave as ofDecember 31st of each year.

(d) Where an employee resigns or is terminated, any General Leave balanceaccrued at the time of termination shall be paid out to theemployee.

Vacation Leave Requests(a) The Employer will make every reasonable effort to grant the employee

vacation at the time requested provided such requests shall besubmitted to the Employer at least four (4) weeks prior to the



17

requested date. Requests for vacation submitted less than four (4)weeks in advance shall be at the discretion of the Employer.

(b) Where operational requirements necessitate placing a restriction onthe number of employees on vacation at any one time, preference

shall be given to employees based on seniority. Requests for paidvacation leave shall take precedence over requests for unpaidvacation leave regardless of seniority.

17.05 Sickness Usage(a) Employees using General Leave entitlements due to sickness

shall provide the Employer with a minimum of four (4) hours’notice if the employee is unable to report for a scheduledshift.

(b) The employee shall inform the Employer in advance of the

date of her return to work.

(c) The Employer may require a note from a qualified medicalpractitioner for any period of leave in excess of two (2)consecutive days or where the Employer has reasonablegrounds to question the validity of the employee’s claim for sick leave entitlements.

(d) For the purposes of obtaining medical certificates, anemployee shall have the option of being attended by a doctorof her choice and under no circumstance will an employee bepenalized in any way for exercising her option of beingattended by her personal physician.

(e) Sick leave entitlements are not payable for any reason otherthan personal illness.

17.06 Injury on DutyAn employee who is injured during working hours and is either required to leave for

medical treatment or is sent home because of such injury shall receivepayment for the remainder of the employee’s scheduled work day at her regular hourly rate. On return to work the employee will be required toprovide a medical certificate from a qualified practitioner indicating that shereceived treatment for the injury.

17.07 Family Leave(a) Employees who wish to use General Leave entitlements for family

leave purposes shall provide the Employer with at least twenty-four(24) hours notice where possible.



18

(b) An employee shall be granted General Leave entitlements for familypurposes to;

(i) attend to the temporary care of a sick family member living in

the same household;

(ii) attend meetings with school authorities concerning adependent child;

(iii) attend to the needs related to a home or family emergency; or

(iv) accompany a dependent family member living in the samehousehold on a dental or medical appointment.

(c) Employees should, to a reasonable extent, attempt to schedule such

events during off duty hours. Employees shall provide writtennotification of the above where requested to do so.

ARTICLE 18 LEAVE - OTHER

18.01 Leave for NegotiationsWhere operational requirements permit and provided at least fourteen (14) days

written notice has been provided to the Employer in advance, leave withoutpay and without loss of seniority shall be granted for up to three (3)employees who are members of the Union’s Negotiating Committee whileattending negotiations with the Employer.

18.02 Leave Without Pay for Union Business(a) Where operational requirements permit, and provided at least fourteen (14) days

written notice has been provided to the Employer in advance, theEmployer may grant leave of absence without pay and without lossof seniority for a period of one (1) year for an employee selected fora full time position with the Union. The period of leave of absencemay be renewed upon request. Employees will not accrue anyservice or benefits, except seniority, during such an absence.

(b) Where operational requirements permit and upon reasonable notice,the Employer may grant leave of absence without pay and withoutloss of seniority to employees to attend Union workshops,conferences or other Union business.

18.03 Bereavement Leave



19

(a) Immediate Family EntitlementIf a death occurs in the immediate family of an employee, the employee

shall be granted, upon request, up to three (3) days of GeneralLeave entitlements immediately following the death.

(b) Definition of Immediate FamilyImmediate family is defined as an employee’s mother, father, brother,sister, child, spouse, legal guardian, grandparents, grandchild,common-law spouse, mother-in-law, father-in-law, brother-in-law,sister-in-law, son-in-law and daughter-in-law.

(c) Definition of Common Law SpouseFor the purpose of this Clause, a common-law spouse relationship is said

to exist when, for a continuous period of at least one (1) year, anemployee has lived with a person of the opposite sex or same sex,publicly represented that person to be his/her spouse and lives and

intends to continue to live with that person as if that person werehis/her spouse.

(d) Leave to Attend FuneralsEmployees are entitled to bereavement leave without pay for one (1) day to

attend the funeral of an employee’s aunt, uncle, niece, or nephew.

18.04 Maternity Leave and Parental Leave(a) Maternity and Parental leave will be granted in accordance with the Labour

Standards Act unless otherwise amended herein.

(b) An employee who is pregnant shall be entitled, upon application, to maternityleave without pay to commence not earlier than seventeen (17)weeks prior to the expected date of birth. The employee shall givethe Employer at least two (2) weeks notice of the date the leave is tobegin and shall provide a medical certificate from a medicalpractitioner stating the estimated date of birth.

(c) An employee who is the parent of a child shall be entitled, upon application, toparental leave without pay to commence no more than thirty-five(35) weeks after the day the child is born or comes into the care andcustody of the parent for the first time. The employee shall give theEmployer at least two (2) weeks notice of the date the leave is tobegin.

(d) The maximum leave allowed under this clause shall be seventeen (17) weeks formaternity leave and thirty-five (35) weeks for parental leave for acombined maximum of fifty-two (52) weeks in total.



20

(e) The employee shall give at least four (4) weeks notice of his or her intention toreturn to work and, in the case of maternity leave, shall provide asatisfactory certificate of fitness from a medical practitioner.

(f) Upon return from maternity or parental leave, the employee shall resume his/her

former duties at his/her former position on the wage grid, subject tothe availability of work.

(g) Subject to Clause 17.05, an employee who, before commencing maternity leave,becomes ill as a result of or relating to her pregnancy shall beentitled to sick leave upon production of medical certificationsatisfactory to the Employer.

(h) While on maternity or parental leave, employees shall not earn any benefits of thisAgreement, except seniority.

(i) An employee on maternity or parental leave shall be considered for any vacanciesfor which he/she has applied in accordance with the provisions ofArticle 14. If the employee is successful, his/her trial period shallstart upon his/her return to work.

18:05 Adoption Leave(a) In accordance with the Labour Standards Act, an employee who legally adopts a

child shall, subject to the approval of the Employer, be grantedspecial leave without pay for a maximum of fifty-two (52) calendarweeks. Where possible, the employee shall give the Employer atleast two (2) weeks notice of the date the leave is to begin and shallprovide proof of adoption.

(b) The employee shall give at least four (4) weeks notice of her intention to return towork from adoption leave.

(c) Upon return from adoption leave, the employee shall resume his/her former dutiesat his/her former position on the wage grid, subject to the availabilityof work, with no loss of seniority.

(d) While on adoption leave, employees shall not earn any benefits of thisAgreement, except seniority.

18.06 Paid Jury, Court Witness or Jury Selection LeaveThe Employer shall grant leave of absence without loss of pay, seniority, or

accumulative benefits to an employee who is summoned for jury service, orserves as a juror, or who is subpoenaed to attend upon a court as awitness in a court proceeding. The employee will present proof of suchattendance.



21

18.07 Special LeaveWith the approval of the Employer, an employee may be granted leave of

absence without pay and without loss of seniority in exceptionalcircumstances.

18.08 Education LeaveAn employee who is upgrading his/her employment qualifications through an

Employer approved upgrading course shall be entitled to leave of absencewithout pay to write examinations required by such course.

18:09 Extended Unpaid LeaveUpon written request, an employee who has completed two (2) years of service

shall be granted leave to a maximum of twelve (12) months without pay orseniority and without loss of accumulated seniority and benefits providedthat such leave shall not cause an unreasonable interference with the

Employer's operation. An employee shall be entitled up to a maximum oftwelve (12) months unpaid leave for each two (2) years of service with theunderstanding that no employee can have more than twelve (12)consecutive months of unpaid leave at any one time. Employees shall notbe subject to any benefits of this Agreement during this period. Theminimum amount of unpaid leave an employee may request under thisClause is sixteen (16) weeks.

ARTICLE 19 PAYMENT OF WAGES AND ALLOWANCES

19.01 Classification and Wages(a) Employees shall be paid wages as set out in Schedule A - Classification and

Wages.

(b) The Employer shall develop and maintain job descriptions for eachbargaining unit position. Copies of these job descriptions will bemade available to the employees and the Union within three (3)months of the signing of this agreement.

19.02 Availability of Salary Cheques(a) Employees shall receive their salary cheques bi-weekly. Overtime pay shall be

included in the regular pay cheques for the pay period nextsucceeding the pay period during which overtime was earned. Oneach pay day, each employee shall be provided with an itemizedstatement of his/her wages, overtime and all payroll deductions.

(b) Pay day is every second Thursday. Pay cheques will be availableon every second Thursday at 10:00 a.m. provided the employee has



22

submitted his/her time sheet(s) in accordance with payroll guidelinesestablished by the Employer.

19.03 Transportation Allowance(a) When, in the course of his/her duty, an employee is required to travel on

Employer’s business as required by the Employer, the employeeshall be reimbursed at the rate of fifteen cents (15¢) per kilometerfor all kilometers in which Home Sweet Home Care Agency receivesreimbursement from the Department of Health and CommunityServices. The rate shall be adjusted according to the Department ofHealth and Community Services rates.

(b) Employees shall be provided upon request with a T2200 Declarationof Conditions of Employment form.

ARTICLE 20 STRIKES AND LOCKOUTS

20.01 The Union agrees that during the life of this Agreement, there shall be nostrikes, suspensions or slowdown of work, picketing by members of theUnion on the premises of the Employer or any other interference with theEmployer's business. The Employer agrees that there shall be no lockoutduring the term of this Agreement.

ARTICLE 21 TERMINATION AND LAYOFF

21.01 Notice of Termination(a) The Employer agrees to give employees two (2) weeks notice of layoff or

termination, in writing, excluding disciplinary termination.

(b) The employee shall give the Employer two (2) weeks notice, in writing, toterminate his/her employment.

21.02 Definition of LayoffFor the purpose of this Article, a layoff means the temporary cessation ofemployment due to a shortage of work. It is understood that a periodicreduction in scheduled hours of work due to temporary or intermittentshortages of work does not constitute a layoff. A layoff notice shall be inwriting and will be hand delivered or delivered by registered mail. Whenrequested by an employee, a Record of Employment (ROE) shall be givenafter any seven (7) consecutive day period without work.

21.03 No New EmployeesNo new employees shall be hired until employees on the recall list

are offered their maximum available hours.



23

ARTICLE 22 HEALTH AND SAFETY

22:01 Workers’ Compensation

(a) Eligible employees, as defined by the legislation, shall be coveredby the Workplace Health, Safety and Compensation Act. Employeesmust report all injuries in accordance with the Act.

(b) The Employer and the Union shall make every reasonable effort tohave an employee who is on Workers' Compensation return tohis/her former duties, and if the Workplace Health, Safety andCompensation Commission (WHSCC) determines that theemployee cannot perform his/her former duties, to another workassignment within the bargaining unit.

(c) (i) Employees in receipt of Workers’ Compensation benefits andwho are not working with the Employer are not eligible toaccess benefits of this Agreement except they will not loseany accumulated seniority.

(ii) Employees on modified duties or Easeback shall earn thebenefits of this Agreement, including seniority, based on thenumber of hours worked.

22.02 Clothing BenefitsThe Employer shall ensure the supply of disposable gloves and aprons areprovided as needed for the personal care of the client.

22.03 On-the-Job TrainingEmployees required by the Employer to participate in on-the-job training ina client’s home shall be considered to have worked for all hours spent insuch training.

22.04 First Aid Re-CertificationAn employee is responsible to have or to obtain a first aid certificate uponemployment. The Employer will cover the cost of first aid re-certificationprovided the employee has four thousand (4000) hours of service with theEmployer since her most recent date of hire.

22.05 VaccinationsThe Employer shall pay the cost of any post hire vaccinations thatare identified by the applicable health authority as being required by theemployee because of a client’s chronic medical condition.



24

22.06 Client Medical HistoryThe Employer agrees to provide staff with a client’s relevant case historyrelated to communicable disease.

22.07 Employee Safety

Where the Employer determines that an employee may be at risk inattending to her duties, the Employer shall take immediate action toremedy the situation.

ARTICLE 23 DURATION

23.01 This Agreement shall remain in full force and effect from the date ofsigning, up to and including June 30, 2014.

23:02 Any provision of this Agreement, other than the duration of Agreement,may be amended in writing by mutual consent and such amendment(s)

shall form part of this Agreement.

23.03 Agreement to Remain in EffectThis Agreement shall remain in full force and effect during negotiations fora revision or renewal of the terms of this Agreement, and until such time asit is replaced by a new or revised Collective Agreement.



25

SCHEDULE A CLASSIFICATIONS AND WAGES

Classifications

Home Support Worker (includes Supervised Access Workers)

Wages

Effective July 1, 2011 $12.25Effective July 1, 2012 $12.75Effective July 1, 2013 $13.25



26

SCHEDULE B DISTRICTS

St. John’s Bell IslandTorbay

Pouch CoveConception Bay SouthGouldsKilbrideMount PearlParadise



27

LETTER OF UNDERSTANDING #1RESEARCH & REVIEW OF MEDICAL INSURANCE PLAN

This letter confirms a formal understanding between Home Sweet Home Care Agency

and the Newfoundland and Labrador Association of Public and Private Employees(NAPE) to review the possibility of obtaining medical insurance for members of thebargaining unit.

Both Home Sweet Home Care Agency and NAPE shall meet to review the availability ofsuch coverage within the next six months.

SIGNED ON BEHALF OF NEWFOUNDLAND DATEAND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES

SIGNED ON BEHALF OF HOME SWEET DATEHOME CARE AGENCY



28

LETTER OF UNDERSTANDING #2CANADA SAVINGS BONDS

The Employer, within two (2) months of the signing of this Agreement, will review theadministrative processes of allowing payroll deductions for Canada savings Bonds.

SIGNED ON BEHALF OF NEWFOUNDLAND DATEAND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES

SIGNED ON BEHALF OF HOME SWEET DATEHOME CARE AGENCY



29

SIGNED this _________ day of _______________, 2011.

IN WITNESS WHEREOF the parties hereto have hereunto their hand and sealssubscribed and set the day and year first before written.

ON BEHALF OF HOME SWEET HOME CARE AGENCY:

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________ ___________________________ WITNESS

ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES:

_________________________________

_________________________________

_________________________________ ___________________________ WITNESS

Documents

Home Sweet Home Care