Collective Agreement
between
Ontario Public Service Employees Union on behalf of its Local 361
and
Frontenac Youth Services
DURATION: April1, 2009- March 31, 2011
..#/\ OPSEU 11/UsEFPO
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Sector 15 3-361-162-20110331-15
Table of Contents
ARTICLE 1 -PURPOSE ............................................................................................... 1 ARTICLE 2- RECOGNITION ........................................................................................ 1 ARTICLE 3- MANAGEMENT RIGHTS ......................................................................... 2 ARTICLE 4- UNION REPRESENTATION .................................................................... 3
4.01 Negotiating Committee ............................................................................ 3 4.02 Union Stewards ........................................................................................ 3 4.03 Advisory Committee ................................................................................ 3
ARTICLE 5- LABOUR/MANAGEMENT RELATIONS COMMITTEE .......................... .4 ARTICLE 6 - NO DISCRIMINATION ............................................................................. 4 ARTICLE 7 -NO STRIKES, NO LOCK-OUTS ............................................................. 5 ARTICLE 8 -UNION SECURITY .................................................................................. 5 ARTICLE 9 - SENIORITY .............................................................................................. 6 ARTICLE 10- JOB POSTING ...................................................................................... 8 ARTICLE 11- LAY-OFF AND RECALL.. ...................................................................... 9 ARTICLE 12- GRIEVANCE PROCEDURE ................................................................ 10
12.01 Purpose of this Article ......................................................................... 1 0 12.02 Definition of a Grievance ..................................................................... 1 0 12.03 Grievance Steps ................................................................................... 11 12.06 Discharge Grievance ........................................................................... 12 12.07 Arbitration ............................................................................................. 12
ARTICLE 13- WAGES ............................................................................................... 14 New or Revised Classifications .................................................................... 14
ARTICLE 14 -HOURS OF WORK AND OVERTIME ................................................. 15 Youth and Family Counselling Employees ................................................... 15 Day Treatment Child and Youth Workers ..................................................... 15 Residential Child and Youth Workers ........................................................... 15 Intensive/Crisis Service Workers .................................................................. 16 Job Sharing ..................................................................................................... 16 14.02 Overtime Pay ........................................................................................ 16 14.03 Shift Premium ...................................................................................... 17 14.04 Camping Trips ...................................................................................... 17 14.05 Shift Schedules .................................................................................... 18 14.06 Call In/Call Back ................................................................................... 18
ARTICLE 15- PAID HOLIDAYS ................................................................................. 19 ARTICLE 16- VACATIONS ........................................................................................ 20
ARTICLE 17- LEAVE OF ABSENCE ......................................................................... 22 17.01 Leave- General .................................................................................... 22 17.02 Bereavement Leave ............................................................................. 22
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17.03 (a) Compassionate Leave ..................................................................... 23 17.03 (b) Personal Leave ................................................................................ 23 17.04 Pregnancy and Parental Leave ........................................................... 23 Supplementary Employment Plan ................................................................. 24 17.05 Paternity Leave .................................................................................... 24 17.06 Union Leave- General ......................................................................... 24 17.07 Union Leave- Executive Board Members .......................................... 25 17.08 Union Leave- Presidential .................................................................. 25 17.09 Employer's Right to Refuse Leave ...................................................... 26 17.10 Workshops, Conferences, Seminars ................................................. 26
ARTICLE 18- BENEFIT PLANS ................................................................................. 27 Change of Carriers ......................................................................................... 28 Benefit Payment During Leaves of Absence ................................................ 28 Sick Leave Supplement .................................................................................. 28 Kilometric Rates ............................................................................................. 29
ARTICLE 19 -SAFETY AND HEALTH ....................................................................... 30 ARTICLE 20 - JURY DUTY ......................................................................................... 31 ARTICLE 21 - GENERAL. ........................................................................................... 31
Bulletin Boards ............................................................................................... 31 Access to Personnel Records ....................................................................... 32 Printing of Agreement .................................................................................... 32 Pension Contributions ................................................................................... 33 Orientation ....................................................................................................... 33 Termination ..................................................................................................... 33
ARTICLE 22- DURATION .......................................................................................... 34 SCHEDULE A -WAGE RATES - SALARY NOTES ................................................... 35 SCHEDULE B- JOB SHARING AGREEMENT .......................................................... 36 SCHEDULE C- CONTRACT EMPLOYEES ................................................................ 38 Letter of Understanding- Return Ticket Program .................................................. .40 Letter of Understanding- Violence in the Workplace ............................................. 42 Letter of Understanding- OPSEU Pension Trust .................................................... 43 Letter of Understanding- Overtime .......................................................................... 44 Letter of Understanding- Employee/Employer Relations Committee .................. .45
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ARTICLE 1 - PURPOSE
1.01
1.02
It is the purpose of this agreement to promote and improve relations between the Employer
and those of its Employees who are represented by the Union, and to set forth the terms
and conditions of employment of such Employees, and to deal with the relationship
concerning other matters as between the parties.
"Employee" as used in this agreement shall mean the persons described in the bargaining
unit set forth in clause 2.01.
ARTICLE 2 - RECOGNITION
2.01
2.02
The Employer recognizes the Union as the sole and exclusive bargaining agent of all
Employees of Frontenac Youth Services, employed at Oshawa, Ontario, save and except
co-ordinator and persons above the rank of co-ordinator, the Senior Clinician, the
Accountant/ Administrator, the executive secretary, persons regularly employed for not
more than twenty-four (24) hours per week, and students employed during the school
vacation period.
A temporary Employee who is hired on a specific contract for one year or less, shall not be
considered to be in the bargaining unit, provided the Employee is replacing an Employee
who is on an approved leave of absence, or is hired for a specific project. Where the
Employer decides to continue a temporary position beyond the one year term, the Employer
shall post a permanent vacancy in accordance with the provisions of Article 10. Any
temporary Employee occupying the previously temporary position shall be entitled to enter
the job competition, and if subsequently successful, shall be considered a full time
Employee. The Employees' seniority shall be calculated from his/her original date of hire
after successful completion of the probationary period. The Employer agrees to supply the
Union with the name of any temporary Employee so hired and a copy of the contract.
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2.03 A contract employee is a full time employee who is employed on a time
limited government funded grant. If a contract employee is subsequently
hired in a regular full time capacity, such employees' seniority shall be
backdated to their original date of hire. Contract employees are covered
by all articles of the collective agreement, except those abridged by
Schedule "C" attached and which forms a part of this collective agreement.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01
3.02
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Management of, and the direction of the Employees are vested in the Employer and shall not
in any way be abridged except as specific restrictions are set forth in this agreement. The
Union acknowledges that it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency; to establish and enforce reasonable rules;
(b) hire new Employees, classify, direct, promote, demote, transfer, assign shifts,
discipline, suspend and discharge Employees, and to increase and decrease the
working forces, provided that a claim by an Employee that he has been discharged or
otherwise disciplined without just cause may become the subject of a grievance and be
dealt with as hereinafter provided;
(c) generally to manage the enterprise in which the Employer is engaged and, without
restricting the generality of the foregoing, to determine the schedules of work; when
overtime shall be worked; the means of performing work; job content and
requirement; the qualifications of Employees; and to establish policy and procedures
for the efficient conduct of its business.
The Employer shall exercise its rights in a manner that is consistent with the terms of this
agreement.
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ARTICLE 4- UNION REPRESENTATION
4.01
4.02
4.03
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Negotiating Committee
The Employer agrees to recognize a Negotiating Committee consisting of not more than
three (3) bargaining unit Employees. The Committee shall have the right to have the
assistance of full-time representatives of the Union when negotiating with the Employer.
The Employer agrees to pay Employee members of the Negotiating Committee for time
spent during their regular working hours in negotiation with the Employer, including
conciliation.
Union Stewards
The Employer agrees to recognize up to four (4) Stewards to assist Employees in the
presenting of grievances in accordance with the grievance procedure. Stewards, after first
obtaining permission from their supervisor, which permission shall not be unreasonably
withheld, will be permitted at reasonable times during working hours to leave their regular
duties to perform their functions. When returning to their regular duties, the Steward(s)
shall notify their supervisor. Steward(s) shall be compensated for the time so taken when it
is during their regular working hours. The Employer reserves the right to limit such time if it
deems the time so taken to be excessive.
Advisory Committee
The Union will elect or appoint official union representation to the Advisory Committee.
These appointments/elections will be for a term of two (2) years.
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ARTICLE 5- LABOUR/MANAGEMENT RELATIONS COMMITTEE
5.01
5.02
5.03
5.04
5.05
A Labour/Management Relations Committee (LMRC) shall be appointed consisting of
representatives of the Union and the Employer.
The Committee shall meet for the purpose of discussing all matters of mutual concern.
If deemed necessary by either the Employer or the Union, a committee meeting may be
called. The party who calls the meeting shall ensure that all members shall receive a notice
of the meeting at least one (1) week in advance of such meeting. If both parties mutually
agree, additional meetings may be held.
The Committee shall not have jurisdiction over wages, or any matter of collective bargaining,
including the administration of the collective agreement.
The Committee shall not supersede the activities of any other Committee of the Union or the
Employer and does not have the power to bind either the Union or its members or the
Employer to any decisions or conclusions reached in their discussions.
The Committee shall have the power to make recommendations to the Union and the
Employer with respect to discussions and conclusions. Time spent by Employees in carrying
out the functions of the Committee shall be considered to be time worked.
ARTICLE 6- NO DISCRIMINATION
6.01
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The Employer and the Union agree that there shall be no discrimination, interference,
restriction, coercion, or intimidation exercised or practised by any of their representatives or
agents against any Employee because of the Employee's membership or non-membership in
the Union, and there shall be no Union activity, solicitation for membership, or collection of
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6.02
dues on the Employer's premises during working hours except with the permission of the
Employer or as specifically provided for in this Agreement.
The Employer and Union recognize the inherent dignity, worth and rights of each
individual. The parties agree to maintain a workplace where behaviour that contravenes
the Ontario Human Rights Code, Employment Standards Act, or Labour Relations Act is
not condoned. To these ends, the Employer agrees to maintain a policy with respect to no
harassment in the workplace which is accessible to all employees
6.03 The Employer and the Union agree that there shall be no discrimination contrary to the
Ontario Human Rights Code against any Employee because of his/her race, creed, colour, sex,
sexual orientation, marital status, family status, citizenship, ancestry, place of origin,
age, record of offenses, disability or ethnic origin.
ARTICLE 7 - NO STRIKES. NO LOCK-OUTS
7.01 The Union agrees there shall be no strikes and the Employer agrees that there shall be no
lockouts so long as the Agreement continues to operate. The terms "strike" and "lockout"
shall bear the meaning given them in the Ontario Labour Relations Act.
ARTICLE 8 - UNION SECURITY
8.01
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During the lifetime of this agreement the Employer shall deduct from the pay of all
Employees covered by this agreement, on the first pay day of each calendar month, the
amount of the regular monthly dues payable by all members of the Union as certified by the
Financial Director of the Union. The said sums shall be accepted by the Union as the regular
monthly dues of those Employees who are or shall become members of the Union, and the
sum so deducted from non-members of the Union shall be treated as their contribution
towards the expenses of maintaining the Union.
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8.02
The Employer shall forward to the Union all monies deducted not later than the 15th of the
month following the month in which the deduction was made along with a list showing the
name, address and social insurance number of all Employees from whose wages the
deductions have been made, and also the names of any Employees who have left the
employ of the Employer since the last deduction.
At the same time that Income Tax (T4) slips are made available, the Employer shall type on
such slips the amount of money remitted to the Union on behalf of each Employee in the
period covered.
The Union agrees to indemnify and save the Employer harmless from liability arising out
of the operation of this Article.
All new bargaining unit employees will have the opportunity to meet with a representative of
the Union in the employ of the Employer for a period of up to 15 minutes during the
employee's probationary period, without loss of regular earnings. The purpose of such
meeting will be to acquaint the employee(s) with such representative of the Union and the
Collective Agreement. These interviews will be arranged in advance by the unit Steward and
may be arranged collectively or individually. Upon hire, the Employer will advise the Unit
Steward of the name, job classification and start date of any newly hired bargaining unit
employees.
ARTICLE 9 -SENIORITY
9.01
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An Employee shall be considered as a probationary Employee until he has been in the
continuous employment of the Employer for a period of six (6) consecutive months worked.
A performance appraisal may be conducted prior to the completion of this period to confirm
one's progression beyond the probationary period.
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9.02
9.03
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A temporary Employee who has subsequently been continued in employment as a
permanent full time Employee shall only be required to complete a probationary period of
three (3) months. During the probationary period the Employee must demonstrate the
suitable and appropriate qualities and the necessary skill and ability to perform all
requirements of the job, consistent with the expectations of the Employer at the time of
hiring.
Upon completion of the probationary period an Employee will be placed on the seniority list
and his seniority shall date from the time he last commenced employment with the
Employer. Seniority is defined as length of service in the bargaining unit.
The Employer shall maintain a seniority list showing the date upon which each Employee's
service commenced. A copy of the seniority list shall be posted on all bulletin boards and
sent to the Union twice annually, on April 1st and September 1st, and shall be kept
up-to-date by the Employer. The list provided to the Union shall include employee name,
job classification and any employee on leave of greater than thirty (30) calendar days.
An Employee shall lose his seniority and shall be deemed to have terminated his employment
for the following reasons:
(a) if the Employee quits;
(b) if the Employee is discharged and such discharge is not reversed through the
grievance procedure;
(c) if he fails to notify the Employer of intention to resume work for the Employer within
five (5) working days following the date on the written notice of recall from the
Employer sent by registered mail to the Employee's last known address, or fails to
report for work within five (5) working days from such notification except for reasons
satisfactory to the Employer;
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9.04
(d) if he overstays a leave of absence or vacation without reasonable cause;
(e) if he absents himself from work without notifying the Employer in advance, unless a
reasonable explanation is given to the Employer;
(f) if the Employee is not at active work for a period of twenty-four months as a result of
disability or layoff.
(g) if an employee utilizes a leave of absence for a purpose other than the purpose for
which the leave was granted.
If an Employee is transferred to a position outside the bargaining unit, he shall retain his
seniority accumulated up to the date of leaving the unit, but will not accumulate further
seniority. If such Employee subsequently returns to a position in the bargaining unit, he
shall be credited with his seniority accumulated up to the date of transfer outside the unit.
ARTICLE 10 - JOB POSTING
10.01 Where a vacancy exists, or where the employer creates a new position in the bargaining
unit, such vacancy shall be posted for a period of ten (10) calendar days. A copy of the
notice shall be sent to the Unit Steward. All applications will be acknowledged. Where
practicable, vacancies in a permanent position will be filled promptly. The Unit Steward
shall be provided the name of the successful applicant. If no candidate is appointed or
the position is not to be filled then the Local shall be so notified.
10.02 In filling a vacancy, the Employer will give primary consideration to qualifications and ability
to perform the required duties. Where qualifications and ability are relatively equal, seniority
shall be the deciding factor.
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10.03 The successful applicant shall be allowed a trial period of up to thirty (30) days, during which
the employer will determine if the employee can satisfactorily perform the job. Within this
period the employee may voluntarily return, or be returned by the Employer to the position
formerly occupied, without loss of seniority. The vacancy resulting from the posting may be
filled on a temporary basis until the trial period is completed.
10.04 A temporary vacancy of less than six (6) months duration may be filled at the Employer's
discretion. In filing any temporary vacancy exceeding six (6) months duration, the Employer
shall consider the factors as outlined in 10.02. Where an Employee is assigned temporarily
to perform the duties of a position in a classification with a higher salary maximum, s/he
shall be paid his/her current salary, or the start rate of the new classification, whichever is
higher.
ARTICLE 11- LAY-OFF AND RECALL
11.01 Where there is a need to institute a layoff(s), the Employer shall first meet at the LMRC with the
Union to discuss measures such as voluntary layoffs to avoid the layoff(s). Any agreement
reached will replace the provisions set out in this article. Any agreement reached will replace
the provisions set out in this article. Where no agreement is reached, the Employer will proceed
to implement the layoff provisions as set out herein.
11.02 (a) A permanent layoff(s) shall be conducted based by seniority and ability to do the required work.
Where in the opinion of the Employer, work performance and ability to do the job are equal, then
the employee with the greatest seniority will be the last to be laid off. Recall shall be on the basis
of the employee with the greatest seniority having the first opportunity to recall based on the
above factors. The recall period is noted in Article 9.03 (f).
(b) A temporary layoff(s) shall be conducted based on seniority and ability to do the available work
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within the classification. Where in the opinion of the Employer, work performance and ability to
do the job are equal, then the employee with the greatest seniority will be the last to be laid off.
Employee(s) shall be recalled to available work on the basis of seniority and ability to do the
available work. The employee with the greatest seniority having the first opportunity to recall
based on the above factors.
11.03 The Employer agrees to provide the union with as much advance notice as possible of any
layoff(s), but in no case may an Employee who has not received ninety (90) dayshotice be laid
off.
11.04 New Employees shall not be hired where there are Employees on layoff able to perform the job.
ARTICLE 12- GRIEVANCE PROCEDURE
12.01 Purpose of this Article
The purpose of this article is to establish a procedure for the settlement of grievances.
12.02 Definition of a Grievance
A grievance is defined and limited to a complaint or dispute concerning the interpretation,
application, administration, arbitrability, or alleged violation of this agreement.
12.03 Should differences arise as to the application, administration, or alleged violation of this
agreement, the aggrieved Employee, within ten (10) working days after the circumstances
giving rise to the complaint or difference, must first discuss his complaint with his immediate
supervisor outside of the bargaining unit. If the Employee wishes, he may be assisted by his
steward.
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If no settlement is reached within three (3) days, such difference shall be adjusted according
to the following steps. Any judgement so made shall be final and binding upon both parties
and the Employee concerned.
Step No.1:
Complaint Stage
Within eight (8) working days following the discussion of the complaint with his immediate
supervisor, the Employee, with the assistance of his Steward if desired, may submit a
grievance which must be in writing to the Human Resources Manager or delegate, who in
turn will deliver his decision in writing five (5) working days thereafter. Failing settlement,
then:
Step No.2:
Within ten (10) working days following receipt of the Human Resources Manager's, or
delegate's written decision, the grievance may be submitted in writing to the Executive
Director. A meeting will then be held between the Executive Director and the Union within
five (5) working days of the submission of the grievance at Step 2, unless extended by
agreement of the parties.
It is understood that full-time representatives of the Union and the grievor may be present at
the meeting. It is further understood that the Executive Director or his delegate may have
such counsel and assistance as he may desire at the meeting. The party responding to the
grievance shall reply in writing within ten (10) working days of the meeting. Failing
settlement, the grievance may then be submitted to arbitration within fifteen (15) working
days following the reply, in accordance with Article 12.07.
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12.04 The Union or the Employer may initiate a written grievance beginning at Step 2 of the
grievance procedure. Such grievance shall be filed with the Executive Director or the Union
within ten (10) working days after the circumstances giving rise to the grievance have
occurred. The Union shall not file a grievance if it could have been made the subject of a
grievance by an individual member of the bargaining unit.
12.05 Any grievance not commenced or processed through to the next stage of the grievance or
arbitration procedure within the time specified shall be deemed to have been settled in
accordance with management's last reply.
The limits in the grievance and arbitration procedure shall be deemed exclusive of Saturdays,
Sundays, and statutory holidays.
12.06 Discharge Grievance
Any Employee who believes that he has been discharged or suspended without just cause
may submit a written grievance at Step 2 of the grievance procedure within ten (10) working
days of the discharge or suspension.
12.07 Arbitration
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Where a grievance that has not been resolved through the grievance procedure is referred to
arbitration, the following shall apply:
a) The party referring the grievance shall give written notice to the other party not later
than fifteen (15) days after the response from Stage 2 that it intends to refer the
matter to arbitration, giving the name and address of the proposed arbitrator.
b) Within ten (10) days after receiving such notice, the other party shall respond by
agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s).
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c) Failing agreement within twenty-one (21) days of such time as may be agreed by the
parties, an appointment may be made by the Office of Arbitration at the request of
either party. The single Arbitrator shall be bound by all clauses in Article 12 in the
same manner as an Arbitration Board.
d) The parties, prior to applying for expedited arbitration under section 46 of the Ontario
Labour Relations Act, RSO 1990 shall attempt to reach an agreement on a chairperson.
If a chairperson is not agreed upon within twenty-one (21) days of the notification that
arbitration is being sought, either party may apply for a chairperson under the Act.
12.08 No person shall be appointed to the arbitration board who has been involved in an attempt
to settle the grievance.
12.09 The parties will jointly bear the expenses of the single arbitrator, and in the case of an
arbitration panel where this method is mutually agreed to, the parties will additionally bear
the costs of their nominee to the arbitration board.
12.10 The written finding of the majority of the arbitration board as to the interpretation,
application, administration, arbitrability, or alleged violation of this agreement, and where
there is no majority, the decision of the single arbitrator will be final and binding upon the
parties concerned.
12.11 At any stage of the grievance procedure (including arbitration) the conferring parties may
have the assistance of the Employee concerned and any necessary witnesses.
12.12 Employees whose attendance is required at arbitration hearings shall receive permission to
be absent from work.
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12.13
12.14
The arbitrator shall not have jurisdiction to alter or change any of the provisions of this
agreement, nor to substitute any new provision in lieu thereof, nor give any decision
inconsistent with the terms or provisions of the agreement, nor to deal with any matter not
covered by this agreement.
If the arbitrator finds that an Employee has been discharged or disciplined contrary to this
agreement, then the arbitrator may order the Employer to reinstate such Employee with or
without compensation or may make such other award as it may deem just.
ARTICLE 13- WAGES
13.01
13.02
The Employer shall pay salaries and wages as set out in Schedule A attached hereto and
forming part of this agreement. Each Employee shall be provided with an itemized
statement of his wages and supplementary pay and deductions. Wages shall be paid every
second Friday.
New or Revised Classifications
When a classification is to be created, or an existing classification is to
be revised, at the request of either party the parties shall meet within thirty (30) days to
negotiate the salary range for the new or revised classification, provided that should no
agreement be reached between the parties, then the Employer shall set the salary range
for the new or revised classification subject to the right of the parties to have the rate
determined by arbitration.
13.03 All Employees, at the time of hiring, will be placed in a starting classification and salary base
rate, at the sole discretion of the Employer. A newly hired Employee will be given credit for
post-graduate equivalent experience on the basis of one grid step per year of experience.
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13.04 Progression to the next higher salary base rate within a classification shall occur on an
Employee's anniversary date of employment, save and except Employees who have reached
the highest paying base in their classification level. This progression will be automatic.
ARTICLE 14- HOURS OF WORK AND OVERTIME
14.01 The normal work week for group A & B Employees shall be averaged over a two week pay
period as follows:
(A)
(B)
(C)
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Youth and Familv Counselling Employees
The normal work day for these Employees shall be seven and one-half (7 1/2) hours per day
and thirty-seven and one-half (37 1/2) hours per week, inclusive of a one-half (1/2) hour
paid meal period. It is understood by the parties that these Employees follow a flexible work
hours schedule approved by the Executive Director.
Day Treatment Child and Youth Workers
The normal work day for these employees shall be seven and one-half (7 1/2)
hours per day, and thirty-seven and one-half (37 1/2) hours per week, inclusive of
a one-half (1/2) hour paid meal period. It is understood by the parties that it may
not be possible for all employees to be scheduled to a responsibility-free meal
period, and, where this is not possible other arrangements may be entered into
between the employer and that employee. The hours of work shall be 8:30a.m. to
4:00p.m.
Residential Child and Youth Workers
The normal work week for group C Employees shall be forty ( 40) hours per week, as
averaged over a five (5) week period.
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(D)
(E)
The normal work day for group C Employees shall be eight (8) hours per day, inclusive of a
one (1) hour paid meal period. It is understood by the parties that these Employees
normally eat meals with clients and may not be provided with a responsibility-free meal
period.
The hours of work for group C Employees shall be determined by a written shift schedule
posted not less than fourteen (14) calendar days in advance.
Intensive/Crisis Service Workers
The normal work day for these Employees shall be seven (7) hours per day and thirty-five
(35) hours per week, exclusive of a one-half (1/2) hour paid meal period. It is understood
by the parties that these Employees follow a flexible work hours schedule approved by the
Executive Director or designate.
Job Sharing
It is understood that job-sharing of full-time positions may occur by mutual agreement of the
parties. The job-sharing agreement is attached as Schedule B and forms a part of the
collective agreement.
14.02 Overtime Pay
(a) Overtime shall be offered to Employees on the basis of seniority, where extra hours of work
are available. Where it is necessary to order a staff member to work overtime hours, as a
result of short notice due to another Employee's illness, the most junior Employee on that
shift shall be the Employee ordered.
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(b)
(c)
Employees shall receive compensation either in pay or in time for overtime at the rate of one
and one-half (1 1/2) times the regular hourly rate. All time owing shall be taken at times
mutually agreeable to the Employer and the Employee.
Any overtime outstanding at the end of the quarter (i.e. June 30, September 30, December
31, March 31) shall be reduced to compensation atthe rate of time and one-half (11/2) the
regular hourly rate of pay, to a maximum cash-out of twenty-four (24) hours' pay.
Accumulated hours above twenty-four (24) will remain banked for future use or cash-out in
the next quarter.
14.03 Shift Premium
All Employees, including the regular night worker, shall receive a shift premium of forty-two
cents ($0.42) per hour for all hours worked between 5:00 p.m. and 8:00a.m.
14.04 Camping Trips
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Employees who voluntarily take children on camping trips or similar excursions which require
continuous supervision shall be compensated on the basis of twelve (12) hours of regular
straight time pay and in addition, they will receive six (6) hours time off with pay at a
mutually convenient time for each complete day of such trip or excursions. Such camping
trip or excursion must be approved by the Director and in accordance with the procedures
established by the Director from time to time.
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14.05 Shift Schedules
Shift schedules shall be posted not less than fourteen (14) days in advance and there shall
be no change in the schedule after it has been posted unless notice is given to the Employee
not less than twenty-four (72) hours in advance of the starting time of the changed shift. If
the Employee is not given the required notice, s/he shall be credited with four (4) hours of
time off which will be added to his/her lieu bank.
14.06 On-Call I Call-Back
Where the Executive Director or her designate requires an employee to be on call, he/she
shall receive one dollar ($1.00) per hour for all hours that he/she is required to remain on call.
In addition to on call premium pay, an employee who is required to return to work when on
call shall be paid a minimum of four ( 4) hours pay at one and one-half (11/2) times his or her
basic hourly rate for each call-back.
14.07 Where employees work extended shifts (ie.10 or 12 hours), vacation and sick leave credits are
deducted on an hour for hour basis.
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ARTICLE 15 - PAID HOLIPAYS
15.01 All full-time Employees will be entitled to the following paid holidays:
New Year's Day
Easter Monday
Canada Day Civic Holiday
Labour Day
Christmas Day
Float Day*
Good Friday
Victoria Day
Thanksgiving Day
Boxing Day
* To be taken at a mutually agreeable time during each fiscal year.
15.02 When any of the above-noted holidays fall on a Saturday or Sunday and are not proclaimed
as being observed on some other day, the following Monday shall be deemed to be the
holiday for the purpose of this agreement.
15.03 Holiday pay will be computed on the basis of the regular hours the Employee would
otherwise work had there been no holiday, up to a maximum of eight (8) hours at his
regular hourly rate of pay.
15.04 In order to qualify for holiday pay, the Employee must work his last full scheduled shift
immediately preceding and his first full scheduled shift immediately following the holiday,
unless excused by the Employer or the Employee was absent due to:
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(a) legitimate illness or accident;
(b) vacation, or
(c) Employer-scheduled regular day off.
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15.05 Where an Employee is scheduled to work on a holiday, he shall be paid at the rate of time
and one-half (1-1/2) his regular straight-time hourly rate of all hours so worked in addition
to any day off at a time mutually agreeable between the Employee and Employer. The day
off in lieu of the holiday shall be banked and used at a mutually agreeable time. If the
Employee and Employer can not mutually agree on the day off, the time off may be added
to the next approved vacation period, or, at the Employee's discretion carried over to the
next year.
15.06 If any of the above holidays fall on an Employee's scheduled day off, the Employee shall
receive another day off at a time mutually agreeable between the Employee and Employer.
The day off in lieu of the holiday shall be banked and used at a mutually agreeable time. If
the Employee and Employer can not mutually agree, the day off in lieu may be added to the
next approved vacation period, or, at the Employees discretion carried over to the next year.
ARTICLE 16 ·VACATIONS
16.01 (a) The following vacation schedule shall apply to all full-time Employees:
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0 - 2 years of Service = 11/4 days per month (15 days maximum)
3 - 5 years of Service = 1 2/3 days per month (20 days maximum)
6 - 10 years of Service = 2 1/12 days per month (25 days maximum)
11 or more years of service = 2 112 days per month (30 days maximum)
(b) An Employee will not be credited with a vacation day during any month in which s/he
did not work a minimum of fourteen (14) days. Notwithstanding this provision,
Employees scheduled off duty due to a Christmas or March break shutdown shall not
lose a vacation day as a result of such a shutdown.
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(c) No vacation will be granted until an Employee has completed six (6) months of service,
after which vacation may be scheduled as earned.
16.02 (a) Vacation will be granted at times desired by the Employees, provided that
16.03
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minimum staffing levels are maintained. An Employee must give at least twenty
(20) working days notice in writing of his intended vacation of two (2) or more
weeks, ten (10) working days notice in writing of his intended vacation of one (1)
week to less than two (2) weeks duration, five (5) working days notice in writing of his
intended vacation of one (1) day to less than one (1) week duration. All
vacation requests shall be reviewed and approved within ten (10) working days of the
employee's application. Vacation once approved shall not be cancelled unless the
Employee has requested the cancellation.
(b) The Employer shall ensure that employees are granted the weekend off before and after
their scheduled vacation period. For these purposes a vacation period is defined as a period
of no less than five (5) consecutive working days. Employees using weekends to increase
vacation periods may be asked to work alternate weekends in order to ensure equitable
weekend coverage in the residence.
(c) Employees who currently have less than three (3) years of service shall retain the higher
entitlement to vacations. New hires shall be entitled to fifteen (15) days.
(d) Entitlement to increased vacation occurs on an employee's anniversary date of employment.
Normally vacation entitlement will be taken between April 1st and March 31st of the current
fiscal year. However, an Employee may carry over fifteen (15) working days of his/her
vacation entitlement to the following fiscal year.
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16.04 An Employee terminating his/her employment at any time in the vacation year before sjhe
has had his/her vacation shall be paid vacation pay in accordance with his/her entitlement
pursuant to the above.
16.05 If a paid holiday falls or is observed during an Employee's vacation period, s/he shall be
granted an additional day of vacation with pay for each holiday in addition to his/her regular
vacation time, provided s/he worked his/her last scheduled full shift immediately before
going on vacation and s/he worked his/her first regular scheduled full shift immediately
following the vacation period.
ARTICLE 17- LEAVE OF ABSENCE
17.01 Leave- General
The Employer may grant leaves of absence to Employees for any reason which is acceptable
to the Employer, but such leaves of absence must have the official approval of the Employer.
Every request for a leave of absence must be made in writing and must state the reason for
the request.
17.02 Bereavement Leave
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The Employer shall pay an Employee up to three (3) days pay at the Employee's regular
hourly rate of pay for all regular time lost in the event of the death of the Employee's
mother, father, brother, sister, husband, wife, common-law spouse, son, daughter,
father-in-law, mother-in-law, grandparents, sister-in-law, brother-in-law, grandchild, ward,
guardian, aunt, uncle, and stepparents. Payment shall be made only to the extent of time
off granted by the Employee's direct supervisor. The Employer shall allow two days
travelling time if deemed necessary.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
17.03 a)
17.03 b)
17.04
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Compassionate Leave
The employer recognizes that employees have responsibilities and commitments involving
the family and its well-being. In recognition of this, in the case of unexpected serious illness
within the immediate family or other immediate family emergencies which prevent an
employee from reporting to work, an annual compassionate leave with pay of up to three (3)
working days may be granted at the discretion of the Employer. Requests for such leave will
not be unreasonably withheld. (for purposes of clarity, the unavailability of a child care
provider is not cause for paid compassionate leave.)
Personal Leave
Leave of absence with pay for up to two (2) working days per year shall be granted by the
Employer for special purposes, including, but not restricted to religious leave or personal
matters at the discretion of the employee. In requesting such leave, the employee will
provide as much advance notification as is possible, recognizing that emergency
circumstances may restrict the ability to provide advance notification.
Pregnancy and Parental Leave
Except as modified by this article, Employees shall be granted pregnancy and parental leave
in accordance with the provisions of the Employment Standards Act.
Leave of absence, without pay, will be granted on application for a period of not more than
fifty-two (52) weeks.
It is understood that a staff member may be granted an extension of such leave, if required.
During a staff member's leave of absence, a temporary staff member may be employed and
such employment shall be a contractual basis for the period of the pregnancy leave.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
17.05
17.06
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Supplementarv Employment Plan
In respect to the period of pregnancy and or parentalleave(s)1 payments made according to
the Supplementary Employment Benefit Plan will consist of the difference between
Employment Insurance Benefits received by that employee/ and eighty percent (80%) of the
employees' regular weekly pay1 for a period not to exceed fifty-two (52) weeks.
The Employer shall continue the Employee's wages during the two (2) week waiting period
for Employment Insurance.
An Employee entitled to pregnancy/parentalleave under this article shall have her benefits
coverage continued during the period she receives the supplementary leave allowance.
This benefit is also extended to cover an adoptive parent pursuant to governing provincial
legislation on adoption.
Paternity Leave
In addition to time stipulated by legislation/ paternity leave of male staff members will be
granted up to a maximum of five days, at the discretion of the Executive Director.
Union Leave - General
Leave of absence without pay shall be granted to Employees who are absent for the purpose
of attending Union functions, such as conventions, schools, seminars, etc., provided that ten
days written notice is given (where possible) to the Employer. Such leave of absence shall
be granted only where the Union certifies in writing to the Employer the name of the
Employees involved and the reason for the request. Such leave will be restricted to one
Employee at any one time.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
17.07
17.08
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Union Leave - Executive Board Members
Upon request by the Union, confirmed in writing and provided that reasonable notice is
given, leave of absence with no loss of pay or credits shall be granted to Employees elected
as Executive Board Members and Executive Officers of the Union for the purpose of
conducting the internal business affairs of the Union.
The Union will advise the Employer in writing of the name and location of such Employee
immediately following his election.
Leave of absence with no loss of pay or credits shall be granted to accommodate reasonable
travel time.
The Union will reimburse the Employer for the salary and benefits paid to members of the
Executive Board and the Executive Officers granted leave under this article.
Union Leave - Presidential
When an Employee is elected as the Union's President or First Vice-President, the Union
will, immediately following such .election, advise the Employer of the name and location
of the Employee so elected. Leave of absence with pay shall be granted from the
Employee's place of employment for the duration of the current term of office.
During the term of such leave of absence, the Union will reimburse the Employer for the
salary paid to the Employee on such leave of absence and contribute the Employer's
share of contribution to the existing pension plan and the Canada Pension Plan. The
Union will make the Employer's contribution to any prevailing health or other plans
applicable to the elected Employee and pay the costs of attendance credits accumulated
during the leave of absence. The Union will make the Employer's contribution for
Employment Insurance.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
17.09
17.10
26
On completion of the Employee's term of office, the President or First Vice-President may
return to their previous employment and service shall be deemed to be continuous for all
purposes.
Any leave of absence extending beyond the initial term of office of the President or First
Vice-President shall be a matter to be determined between the parties and any such
additional leave shall be subject to the same conditions and terms as prevailed in the initial
leave of absence.
The Employee shall discuss any required leave with his supervisor at the earliest opportunity.
Employer's Right to Refuse Leave
All requests for leave of absence permitted in these sections shall be sent to the Employer.
It is understood that leaves requested by the Union may be withheld if such leaves unduly
interfere with the operating requirements of the Employer.
Workshops, Conferences, Seminars
All requests to attend workshops, conferences and seminars must be submitted to the
Executive Director at least two (2) weeks prior to the registration date. If the proposed
workshop, conference, or seminar is deemed by the Employer to be in the interests of the
Employer, paid leave shall be granted to the Employee. If the workshop, conference, or
seminar is deemed not to be in the interest of the Employer, the leave, if granted, shall be
designated as leave of absence pursuant to Article 17 .01. The Employer agrees to allow each
Employee a maximum of $100.00 per year to attend workshops, conferences, or seminars.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
ARTICLE 18 - BENEFIT PLANS
18.01
(a) The Employer shall pay one hundred percent (100%) of the premium cost for all eligible
Employees and their dependents, in accordance with the provisions of the specific policies as
provided through the benefit carrier for the following:
(b)
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(i) existing Life Insurance Plan (two times earnings to closest $500);
(ii) existing Extended Health Care Plan;
(iii) Dental Plan covering major and minor services;
(iv) Drug Plan covering 100% of costs after deductible(s).
(v) Vision Care Plan providing coverage of up to $200.00 in each two (2) year period.
Effective January 1, 2010 premium cost will be as follows:
• 90% of premiums for single coverage paid by the employer
• 10% of premiums for single coverage paid by the employee
(based on current premiums - $6.25 per pay period/employee)
• 75% of premiums for family coverage paid by the employer
• 25% of premiums for family coverage paid by the employee
(based on current premiums- $37.73 per pay period/employee)
Employees will be covered under the existing Long Term Income Protection Plan and shall
pay the full cost of such coverage.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
(c)
(d)
18.02
18.03
18.04 (a)
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Occupational Accident Insurance Program
The Employer shall provide an Occupational Accident Insurance Program which pays 80% of
lost (gross) wages, minus any wage benefits received from any other sources, when an
employee is absent by reason of an injury resulting from an occupational accident. The
Employer shall pay 100% of the cost of the program.
It is expressly understood that the foregoing is not to be construed as a guarantee as to
specific coverage or eligibility for benefits. These will be in accordance with the provisions of
the specific policies held.
Change of Carriers
The Employer may change carriers for these plans to maintain satisfactory service and
economy. However, in the event of such a change, the Employer will maintain a level of
benefits which is equivalent or greater.
Benefit Payment During Leaves of Absence
It is understood that if an Employee is absent from work for any reason, other than
pregnancy leave or parental leave or a workplace illness or injury, or other agreed to leave
of absence, the Employer shall only be required to maintain its share of the premium costs of
any benefit coverage for a period of one month from the date of absence.
Sick Leave Supplement
The Employer agrees to supplement the weekly Indemnity Plan to allow each Employee
fourteen (14) days for legitimate illnesses at the beginning of each year. Unused sick time
shall be accumulated for future use, to a maximum of forty ( 40) days.
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(b) After three (3) consecutive days of absence an employee is required to submit a certificate
from a legally qualified medical practitioner certifying that the employee is unable to attend
to his/her official duties. Notwithstanding this provision, where the Employer has grounds to
suspect abuse of sick leave, the Employer may request a medical certificate for a period of
absence of less than three (3) days.
18.05 Short Term Income Protection Plan <STIP)
The Employer shall provide a Supplemental Unemployment Benefit (SUB) which pays 85% of
lost (gross) wages, minus any wage benefits received from other sources, during any
absence due to accident or illness. The SUB benefit is only available to employees who are
receiving EI benefits and the benefit period shall have the same waiting period and duration
as that provided by Employment Insurance Canada. The employer shall pay 100% of the
cost of the plan.
18.06 Kilometric Rates
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Kilometric rates paid to Employees using their own cars when authorized to do so by the
Employer shall be forty- two cents ($0.42) per kilometre. For out of region trips the
Employer may negotiate a flat rate with an employee.
When an Employee is authorized to use his own automobile, the kilometric rate as
compensation is based on the recognition that the Employee will ensure, or accept the risk,
that a minimum insurance coverage is maintained by the Employee on the vehicle for which
compensation is accepted. A minimum automobile insurance will be no less than $1,000,000
inclusive of third party liability, with provisions of comprehensive and collision.
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ARTICLE 19- SAFETY AND HEALTH
19.01 The Employer will make reasonable provision for the safety and health of its Employees
during the hours of their employment. The Employer and the Union shall co-operate to the
fullest extent possible in the prevention of accidents and in the reasonable promotion of
safety and health of all Employees. To this end, a Joint committee will be formed to develop
a policy on AIDS, Hepatitis and other Infectious Diseases.
Such a policy shall include issues related to:
(a) the necessity of a medical prior to admission into the Day Treatment Programme;
(b) practicalities of immunization against Hepatitis B.
(c) client carriers of communicable diseases.
19.02 The Employer shall establish and maintain, in accordance with the provisions of the Ontario
Occupational Health and Safety Act, its amendments or successors, a Joint Health and Safety
Committee (JHSC) composed of two (2) bargaining unit representatives, selected or
appointed by the Union, and two (2) management representatives.
19.03 At least one of the employees selected or appointed by the Union will be
certified at Level 1 as defined under the Act. Tuition costs and the time
spent attending such training will be paid by the employer. An employee
accepting appointment to the Occupational Health and Safety Committee
and who is provided Certified Worker training is expected to make a
commitment to actively participate and fulfil responsibilities of such
committee membership for a term of not less than two (2) years.
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ARTICLE 20 - JURY DUTY
20.01
20.02
An Employee who is selected for service as a juror or who is subpoenaed as a Crown Witness
to appear in court, will be compensated for loss of pay from his regularly scheduled shift due
to such jury or witness service. Such compensation will be based on his regular scheduled
hours at his regular hourly rate less the fee received for his service as a juror or witness.
However, should the Employee present himself for selection and not be picked, then he is
required to return to the Employer's premises to complete his remaining normally scheduled
work day.
In order for an Employee to qualify for payment under this section he must.
(a) inform his immediate supervisor as soon as possible of his selection for services as
juror or his requirement to be a witness;
(b) if released from service as a juror or witness and four (4) hours or more remain in the
Employee's regularly scheduled hours, he must return to the Employer's premises to
complete his remaining normally scheduled work day.
(c) provide a written statement to the Employer indicating the date of his service as a
juror or witness, the time so spent, and the fee received for his services as a juror or
witness.
ARTICLE 21 - GENERAL
21.01
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Bulletin Boards
The Union shall have the use of the bulletin boards for posting of union notices after
approval by the Executive Director regarding recreation and social activities, meetings, or
elections. Such boards are to be located at the staff offices and day treatment location.
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21.02 Where the singular or masculine is used in this agreement, it shall be considered as if the
plural or feminine has been used where the context of the party or parties hereto so
requires.
21.03 Access to Personnel Records
Employees in the bargaining unit shall have access to their personnel records at reasonable
times and shall, upon request, be provided with copies of material contained in such records,
which shall be corrected if inaccurate.
21.04 Employees shall be notified in writing of any suspension or discharge. The Union shall
receive a copy.
21.05 Adverse Reports
(a) The Employer shall provide the Employee with a copy of any written warning or adverse report
affecting the Employee which will be signed as read by both the Employee and the
Employer. Any reply by the Employee shall become part of his record.
(b) Where an employee has maintained a discipline-free record for a period of twelve (12)
months, any adverse report in that employees file shall be removed and may not be relied
upon by the employer for future discipline.
21.06 Printing of Agreement
32
It is agreed that both parties to this agreement shall share equally the cost of printing
the agreement, and that the printing will be done by union labour.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
21.07
21.08
21.09
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Pension Contributions
Effective April1, 1999 the Employer will contribute 4% of each Employee's basic earnings to
the pension plan. Employees shall continue to contribute to the pension plan in accordance
with the terms set out in the existing plan. The current pension plan may not be changed
except by agreement of the parties.
The Employer will endeavour to make its contributions for each employee twice per month.
Orientation
The Employer shall ensure that Employees are oriented to the Employer's rules, practices
and workplace procedures. The Employer shall ensure that Employees are updated with
new information and training where required as rules, practices and procedures are changed
from time to time.
Termination
An Employee whose employment is terminated by the employer, unless for just cause, shall
be entitled to receive a severance/termination pay equivalent to one (1) week's pay at the
regular rate of pay for each year of service to a maximum of twenty-six (26) weeks. For
employees with less than (1) year of service, the amount will be pro-rated.
Such payment shall be deemed to meet the requirements of the Employment
Standards Act provided that notice of termination has been provided in accordance with the
Act. It is the Employer's intent to waive the provisions as set out in Sect 64.1(a),(b), Sect.
64.2 and S. 64.2(a),(b) of the Act.
Uncontrolled copy of 3-36l-l62-20ll033l-l5
ARTICLE 22 - DURATION
22.01 This agreement shall be in effect from the 1st day of April, 2009, and shall remain in effect
until and including the 31st day of March, 2011, and from year to year thereafter unless
either party shall notify the other party in writing within ninety (90) days prior to the
expiration date as to its desire to terminate the agreement or of its desire to modify or
amend any section or provision thereof. Unless otherwise noted in the agreement
retroactivity does not apply.
22.02 In the event of such notification being given as to the amendment of the agreement,
negotiations between the parties shall begin within fifteen (15) days following such
notification or such other period as agreed to by the parties.
This collective agreement signed thi~'-day of 4, 2010.
For The Employer:
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
SCHEDULE "A"
WAGE RATES- SALARY NOTES- Effective January 1. 2010
GRID STEPS 1 2 3 4 5 6
17.78
19.17 19.94 20.72 21.13
23.08 23.74 24.42
24.89 25.77 26.63 27.53 28.48 29.43
9.60
14.31 14.84 15.38 15.99
23.32 24.02 24.74 25.48 26.24 27.03
26.66 27.60 28.55 29.49 30.16 31.52
23.16 23.97 24.81 25.68 26.58
29.42 30.45 31.47 32.53 33.66 34.78
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
SCHEDULE "B"
JOB SHARING AGREEMENT
BETWEEN:
FRONTENAC YOUTH SERVICES
AND:
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION
and its Local 361
The Policies involved in Job Sharing are as follows:
1. Participating in a job sharing agreement is completely voluntary and no person shall be made to share
a position against his/her wishes.
2. Any position considered for job sharing will remain in the staff complement as a permanent, full-time
position.
3. Two union members would then share this position on a 50/50 basis, including all terms of
employment (e.g. hours worked) and Employee benefits (e.g. vacation) as determined by the Collective
Agreement.
4. The salary of the job partners must be in the same range and have coinciding minimum and maximum
pay points.
5. If one member in a job sharing position resigns, the remaining staff person would be given the
opportunity to assume the position on a full-time basis. If this person does not wish to work on a full
time basis, the position would be posted and advertised as a job-sharing vacancy.
6. If this vacancy cannot be filled and the job sharing position remains vacant, the complement would
then revert to a full-time vacancy.
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
7. (a) Similarly, if a union member approaches management with a request to assume a job sharing
position, the other half of the job sharing complement would be advertised. If, however, this
position cannot be filled, the position would remain as a full-time position.
(b) In this instance, item 5 does not apply. A new Employee hired to fill a job-sharing position
cannot assume a full-time position. In this case, if the original member who requested the job
sharing position resigns, the position would be posted and advertised as a full-time vacancy.
8. Members having entered into a job sharing position would retain full rights under the Collective
Agreement.
9. When one job sharing partner is ill or on vacation, the other partner must not be obliged to cover for
the other partner except at the remaining partner's option.
10. Job share partners must continue to work enough hours to ensure their continued right to
unemployment insurance benefits.
FOR THE EMPLOYER:
~,.Jr b.::> /
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
SCHEDULE "C" CONTRACT EMPLOYEES
Article 1 - Layoff and Recall
1.01 Where it becomes necessary to institute a layoff amongst the contract pool of employees, layoff shall
occur by seniority and ability to do the required work within the classification. Where in the opinion of
the Employer work performance and ability to do the job are equal, contract employees with the
greatest amount of seniority will be the last to be laid off in each classification.
1.02 A contract employee who has been laid off shall be recalled to work by seniority and ability to do the
available work should additional funds be made available within the twelve (12) month period following
the date of layoff.
1.03 Contract employees must be laid off prior to the layoff of any full time employee, provided that the full
time employee has at least the level of ability of the contract employee.
Article 2 " Sick Leave
2.01 Contract employees shall be entitled to accumulate sick leave at the rate of one (1) sick leave credit
per month of active service, to a maximum of 30 days. Unused sick leave credits shall be cumulative
from year to year but may not be cashed out at termination. Sick leave shall be credited to contract
employees at the beginning of each year.
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
Letter of Understanding
VIOLENCE IN THE WORKPLACE
In consultation with the Joint Health and Safety Committee, the Employer will undertake to review current safety policies and procedures and to revise and develop safety policies and procedures that address the issue of working with violent clients.
Employees will be apprised of any known history of aggressive behavior of new clients through the assessment process.
Training will be provided to Residential and Day Treatment staff on the causes of aggression, the factors that precipitate aggression, recognition of warning signs, prevention of escalation, and the control and diffusion of aggressive situations.
The Employer will undertake to provide a safe working environment consistent with licensing requirements.
When an incident of violent behavior toward a staff member occurs in the workplace:
(a) an Incident Report will be completed by the employee and submitted to the Program Manager
(b) A copy of any Serious Occurrence Report provided to the Ministry of Children and Youth will be provided to the Joint Health and Safety Committee (JHSC)
(c) The Joint Health & Safety Committee(JHSC) will review such reports and may make recommendations to the Executive Director.
(d) The Executive Director will respond in writing to the Joint Health & Safety Committee(JHSC) recommendations within twenty-one (21) days
Signed at O;bcu.:>c...- thiScll tl day of f"1:{ 2010
For the Union For the Employer
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
Letter of Understanding
OPSEU Pension Trust
The parties agree that, during the term of the current collective agreement, the Union shall be provided opportunity to conduct an information session for the Employer regarding the OPSEU Pension Trust. Following such presentation, the parties further agree to discuss the feasibility of transferring to the OPSEU Pension Trust.
This Letter of Understanding shall expire upon expiry of the current collective agreement.
Signed at O.ab,.;..u-)c~ thisolk II,_ day of (']~ 2010
For the Union For the Employer
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
Letter of Understanding
Overtime
The parties agree to an ad-hoc committee to discuss the issue of overtime distribution. Such committee will include two representatives of Management (including the Executive Director or delegate) and two union representatives to be determined by the bargaining unit (including, if requested, the staff representative for OPSEU.)
Signedat~~ thisJ'? tl-.-day of _ __Lcl----"'r;,..+---·201 0
For the Employer
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Uncontrolled copy of 3-36l-l62-20ll033l-l5
Letter of Understanding
Labour/Management Relations Committee
The parties agree that the Labour/Management Relations Committee shall establish a sub-committee of two (2) representatives of each of the Employer and the Union, known as the Employee Benefits Committee, to review benefit plan information including cost and utilization, and to make recommendations for changes to plan design that improve cost efficiency.
Signed at U.aho..<->a. 1L thisd6 day of __ cJL-.:,.,~"'j+--201 0
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Uncontrolled copy of 3-36l-l62-20ll033l-l5